Thursday, October 27, 2016

Hellyer et al v. Right Honourable Justin Trudeau et al T-1789-16 re CETA Challenge Statement of Claim

Here is the Statement of Claim in Hellyer et al v Justin Trudeau et al T-1789-16 launching a constitutional challenge  of the Government of Canada's jurisdiction to sign, ratify  and implement the proposed CETA. 

This is big news and the Statement of Claim is very interesting indeed. It has been brought by Paul Hellyer, P.C. et al. The lawyer is Rocco Galati, who successfully challenged the former Government's attempt to appoint the Honourable Marc Nadon to the Supreme Court of Canada.

This comes at the same time as Wallonia has apparently secured an agreement in the US to put the #ISDS provisions of #CETA to the test in the #ECJ, where approval is far from certain. 

As the Guardian reports:
One concession he won means Belgium would be able to go to the European court of justice to determine whether the new investor-state special tribunals are compatible with EU law. The four-page document also contains a guarantee that the Belgian government will assess the socio-economic and environmental impact of Ceta.


Note: It appears that there is a typo throughout the Statement of Claim re the spelling of Hellyer's name, which appears incorrectly as "Helleyer". This makes it tricky to search for the docket, which can be found here. This will presumably be corrected.

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