Injunction to CETA's Ratification by Canada to Be Filed by End of Year

An injunction to prevent Canada from ratifying the CETA between Ottawa and Brussels is likely to be brought by the end of the year.

MOSCOW (Sputnik) — An injunction demanding a judicial order to prevent Canada from ratifying the Comprehensive Economic and Trade Agreement (CETA) between Ottawa and Brussels is likely to be brought before the Federal Court of Canada by the end of December, a Canadian lawyer representing high-profile opponents of the trade deal told Sputnik on Tuesday.

Highly controversial CETA, aimed at establishing a free trade zone between Canada and the European Union, was signed last month by Canadian Prime Minister Justin Trudeau, European Council President Donald Tusk and European Commission President Jean-Claude Juncker.

"Although the CETA has been signed, we plan to bring an injunction to stop ratification/implementation until the Court hears the case," Canadian constitutional lawyer Rocco Galati said, adding that he hoped "to be in Court, on the injunction, in the next 5-7 weeks".

The challenge against CETA was filed with the Federal Court of Canada on October 21 on behalf of Canada's member of the Queen's Privy Council Paul Helleyer and two members of the parliament's Committee on Monetary and Economic Reform. They argue that the Canadian government has no legal right to sign, ratify and implement such major treaties without a parliamentary approval, just based on the so-called "Royal Prerogative" — a series of historic powers formally exercised by the monarch acting alone, but which in reality are exercised by government ministers, and which, according to the lawyer, "no longer exist after the Patriation of our Constitution in 1982."

"There are much bigger constitutional breaches under our system, which is NOT a unitary system, but one where Provinces have EXCLUSIVE jurisdiction over which the Federal government has NO say, such as Natural Resources, Health, Education, etc. In addition, Native rights are enshrined in our constitution, as are the citizen's Charter rights," Galati elaborated on the main grievances with CETA.

He also mentioned the recent precedent in the United Kingdom, where the British High Court ruled that Royal Prerogative cannot be used to bypass the parliament with respect to Brexit.

"We made the same challenge with respect to all trade treaties," Galati stated.

On November 3, the British High Court ruled that the UK government needs parliamentary approval to start the process of leaving the European Union, potentially delaying Prime Minister Theresa May's Brexit plans. The government announced it would appeal against the High Court ruling with Britain's Supreme Court being expected to consider the case early December.