British Columbia Government Secret Documents Revealed 2005
Intent To Violate Free Trade Agreement
In March 1991, the Government of British Columbia violated the Canada US Free Trade Agreement, the FTA, and the General Agreement on Tariffs and Trade, the GATT. In addition, the Government violated its own provincial Water Act.
This was confirmed in December 1997 in a legal opinion from Canada's then largest laws firm McCarthy Tetrault.
In 2005, internal BC Government documents, set out below, were discovered that proved the BC Government knew exactly what it was doing when it broke the two treaties. The proof was contained in a written submission prepared for the BC cabinet in February 1991.
The cabinet submission document makes the following statements:
At page 16, “Current British Columbia policies and regulations violate international trade law".
At page 17, “Provincial policies and regulations regarding the export of water are not consistent with the General Agreement on Tariffs and Trade (GATT) or the Free Trade Agreement (FTA)".
At page 20, “The shipment of water by marine freighter falls within the definition of a tank”.
At page 21, “In other words we can impose blanket prohibitions of bulk water exports to the US by canal pipeline or similar diversion which do not constitute a tank”.
At page 22, “As noted above, the current water export regime appears to run afoul of the GATT and the FTA rules on export restrictions and export taxes. Therefore, the solution to these problems cannot include any type of prohibition on exporting water in tanks or other types of containers”.
On March 18, 1991, the Government of BC violated its own legal advice by imposing a moratorium on the issuance of new or expanded licenses for the taking of water for export by marine transport vessels.
This was confirmed in December 1997 in a legal opinion from Canada's then largest laws firm McCarthy Tetrault.
In 2005, internal BC Government documents, set out below, were discovered that proved the BC Government knew exactly what it was doing when it broke the two treaties. The proof was contained in a written submission prepared for the BC cabinet in February 1991.
The cabinet submission document makes the following statements:
At page 16, “Current British Columbia policies and regulations violate international trade law".
At page 17, “Provincial policies and regulations regarding the export of water are not consistent with the General Agreement on Tariffs and Trade (GATT) or the Free Trade Agreement (FTA)".
At page 20, “The shipment of water by marine freighter falls within the definition of a tank”.
At page 21, “In other words we can impose blanket prohibitions of bulk water exports to the US by canal pipeline or similar diversion which do not constitute a tank”.
At page 22, “As noted above, the current water export regime appears to run afoul of the GATT and the FTA rules on export restrictions and export taxes. Therefore, the solution to these problems cannot include any type of prohibition on exporting water in tanks or other types of containers”.
On March 18, 1991, the Government of BC violated its own legal advice by imposing a moratorium on the issuance of new or expanded licenses for the taking of water for export by marine transport vessels.
McCarthy Tetrault lawyer Riaz Dattu gave
same legal opinion in 1997 !!!
Former McCarthy Tetrault lawyer Riaz Dattu who reviewed British Columbia regulations and Orders In Council respecting bulk water exports came to a similar conclusion in a legal opinion (set out below) that he provided for legal counsel for Sun Belt Water Inc. in 1997. The Government of Canada and British Columbia concealed the Cabinet Submission for 15 years in an attempt to deny justice to Sun Belt Water Inc. and to protect political insiders.
