I would like to thank Ms Justice Butler for the consideration given to this case. We will have to take time to study the judgement before deciding on next steps and deciding on the question of an appeal.
It is encouraging that many of the Government’s arguments were rejected by the court. The court has also acknowledged that CETA Tribunals are the administration of justice, and not one that is limited.
There are however significant issues in this case, that need to be considered further and would benefit from being clarified by the Supreme Court.
Over the course of this case, the Government’s oral arguments contradicted their written submission, which in turn contradicted their pleadings. In a case where the Government is unclear of its own position, ensuring certainty is essential.
The reality is CETA and the Investor Court System remain a huge concern, and put simply are a threat to meaningful climate action and other progressive policies required across the EU. In recent months we have seen the Dutch government sued for billions through investor courts for trying to move away from burning fossil fuels. Recent investor court decisions internationally have shown that the claimed safeguards are in fact worthless.
CETA will dangerously weaken Government’s ability to respond to the issues of climate, health and housing at a time when action is needed most.