Canada Tries To Shut Out Citizens From Trade Dispute: Environmental Groups and First Nations fight back

Canada does not want to see citizen involvement in the ongoing dispute between the US and Canada concerning softwood lumber trade, according to comments they recently files with the US Department of Commerce.

Earlier this spring US environmentalists and Canadian First Nations weighed in on the trade dispute, claiming thatweak environmental enforcement and violation of First Nations treaty and land rights were subsidies to the BC and Quebec logging industries. They asked the US Commerce Department to assess duties on softwood lumber entering the US. The groups involved are the Natural Resources Defence Council, Northwest Ecosystem Alliance, Defenders of Wildlife, the Grand Council of the Cree, and the Interior Alliance.

In the latest twist to this story, Canada aligned with Quebec, British Columbia and Canadian timber industry associations in asking Commerce to dismiss the environmental and First Nations Claims.

Responding to Canada’s comments on July 3, the environmentalists and First Nations assert the right to submit information concerning additional subsidies in the countervailing duty case concerning US-Canada softwood lumber trade. Any one has the right to submit information to the Commerce Department about additional subsidies.

Contrary to Canada’s contentions, the environmental groups and First Nations response affirms the original claim of subsidies:

• By not enforcing the Canadian Fisheries Act against logging companies in British Columbia, Canada and British Columbia provide countervailable subsidy to the BC logging industry. A benefit is conferred through (1) provision of timber from protected area; (2) reduction of logging costs; and (3) foregone revenue to the Canadian government through failure to levy fines.

• By not enforcing the James Bay and Northern Quebec Agreement against logging companies in Quebec, Canada and Quebec provide a countervailable subsidy to the Quebec logging industry. A benefit is conferred through (1) no expenses for the required social and environmental assessments; (2) no expenses connected with necessary mitigation measures; and (3) provisions of timber from areas that would otherwise be designated for Cree traditional land uses.

• By not recognising Aboriginal Title in British Columbia, Canada and the province provide a coutnervailable subsidy to the British Columbia logging industry. A benefit is conferred through (1) provision of timber from areas that would otherwise be removed from commercial logging by Aboriginal interests; and (2) inadequate remuneration beyond stumpage fees as is due Indigenous People as part of their land rights.

The US Department of Commerce is expected to reach a preliminary decision in the countervailing duty case against Canada on July 27, 2001.


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