IN THE HOUSE | Trudeau government’s reply on Q-2157 on Infinito Gold against Costa Rica case before the ICSID

Published: March 18, 2019
Categorised in: In the House

Trudeau government’s reply to Q-2157 Infinito Gold Ltd v Costa Rica case before ICSID

42nd Parliament, 1st Session | Question on the Order Paper:

Q-2157 — January 24, 2019 — Mr. Julian (New Westminster—Burnaby) — With regard to the arbitration case that the Canadian mining company lnfinito Gold brought against Costa Rica, asking for $321 million in compensation, lnfinito Gold’s invocation of the 1998-1999 Foreign lnvestment Protection Agreement signed between Canada and Costa Rica, the Government of Canada’s request to participate as “amicus curiae” in the case, and Global Affairs Canada recently becoming a non-disputing party in the case: (a) why did the government involve Canada in this four year-old case that dates back to February of 2014; (b) why did the government seek permission to have observer status at the proceedings of the International Centre for Settlement of lnvestment Disputes (ICSID); (c) what new information concerning this case has prompted the government to ask for and receive observer status at this international arbitration, including (i) where did that new information come from, (ii) date the information was shared, (iii) with whom it was shared, (iv) were the relevant ministers notified, (v) was the relevant parliamentary committee notified; (d) what are the details of Global Affairs Canada’s “amicus curiae” submission to the ICSID requesting “observer status” in this case dated August 24, 2018, including (i) title, (ii) subject matter, (iii) file numbers, (iv) author, (v) sender, (vi) name of the recipients, (vii) location of the submission online, if available, (viii) the names and titles of all individuals who were involved in negotiating, preparing and approving this written submission on behalf of Global Affairs Canada, (ix) the recommendations that were made by these individuals to the Minister of International Trade and to the Minister of Foreign Affairs; (e) what are the details of the written submission from the government shown as formally registered on November 30, 2018, including (i) title, (ii) subject matter, (iii) file numbers, (iv) author, (v) sender, (vi) name of the recipients, (vii) location of the submission online, if available, (viii) the names and titles of all individuals who were involved in negotiating, preparing, and approving this written submission on behalf of the government, (ix) the recommendations that were made by these individuals to the Minister of International Trade and to the Minister of Foreign Affairs; (f) what Canadian government officials are involved as observers in this case; (g) did Canada indicate a concern about what harm a sizeable award if handed down, well over $400 million for Costa Rica to pay if it loses, might do to Costa Rica’s vaunted social and ecological programs and, if not, why; (h) if the answer to (g) is affirmative, what specific measures is the Canadian government taking to address these concerns; (i) following the two submissions to the ICSID on August 24, 2018, and November 30, 2018, what are the details of the ministerial directives or recommendations to the Minister of International Trade and to the Minister of Foreign Affairs; and (j) if the government is celebrating the end of the investor-state provisions in the new USMCA or NAFTA, why is Canada continuing to demand that such damaging provisions be adhered to in the case of a country like Costa Rica?

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