Canada's Track Record Under NAFTA Chapter 11

North American Investor-State Disputes to January 2018
January 16, 2018
748.3 KB48 pages

The CCPA maintains and regularly updates a list of all investor-state dispute settlement (ISDS) claims brought against North American governments under NAFTA Chapter 11. As of January 1, 2018, Canada has paid out nearly $220 million in NAFTA losses and settlements, all to U.S. investors, and currently faces eight active claims in which investors are demanding approximately half a billion dollars. To this amount we can now add $95 million in unrecoverable legal costs paid by Canada in defending ISDS cases, thanks to information acquired through an access to information request. In this report, CCPA Senior Research Fellow Scott Sinclair probes Canada’s Chapter 11 record in detail, and suggests the federal government should grasp the opportunity to remove ISDS from NAFTA in the current renegotiations of the North American trade pact.