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Canada Disregards NAFTA Public Disclosure Law

The Canadian National Administration Office (NAO) failed to release a public report 120 days after review of Public Communication CAN 2008 1 on labour law matters in the state of North Carolina, USA as required by law. The public communication process under the NAALC allows citizens to voice their concerns to governments about labour law matters arising in the territory of another party, and provides a formal channel for governments to review these concerns. CAN 2008-1 alleges that the United States has failed to meet its obligations under NAFTA surrounding several labour issues including "compensation in cases of occupational injuries and illnesses". The CIWS is concerned that the Canadian government is failing to make this report public in order to evade scrutiny of its own dismal record on workers compensation.

Canada accepts to review the public communication received under the North American Agreement on Labour Cooperation

OTTAWA, ONTARIO, June 27, 2008—On June 20, 2008, the Canadian National Administration Office (NAO), established under the North American Agreement on Labour Cooperation (NAALC), accepted to review Public Communication CAN 2008 1 on labour law matters in the state of North Carolina, United States of America.

The public communication process under the NAALC allows citizens to voice their concerns to governments about labour law matters arising in the territory of another party, and provides a formal channel for governments to review these concerns. Canada will review the CAN 2008-1 submission in accordance with procedures established under the Canadian Guidelines for Filing Public Communications.

Public Communication CAN 2008-1 was submitted to the Canadian NAO by the United Electrical, Radio and Machine Workers of America and the Canadian Association of Labour Lawyers (CALL), along with more than 40 other labour organizations in Canada, the United States and Mexico. Public Communication CAN 2008-1 alleges that the United States has failed to meet its obligations under the Agreement because legislation in North Carolina denies public sector employees the right to engage in collective bargaining. The submission also raises issues related to the following NAALC labour principles: freedom of association and protection of the right to organize; elimination of employment discrimination; minimum employment standards; equal pay for women and men; prevention of occupational injuries and illnesses; and compensation in cases of occupational injuries and illnesses.

The Canadian NAO has 120 days to examine the public communication and release a public report. The Office is established within the Labour Program of Human Resources and Social Development Canada. This is the sixth public communication that has been submitted to Canada for its consideration.

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The Federal Government of Canada is under international treaty obligation to ensure that workers compensation is being provided to Canadian workers. The North American Free Trade Agreement (NAFTA) stipulates* that the signatory countries must uphold "high labor standards" and includes in this, "compensation in cases of occupational injuries and illnesses" *under its side agreement NAALC, the North American Agreement on Labor Cooperation) (see PETITION) The CIWS is concerned that the Canadian government is failing to make this report public in order to evade scrutiny of its own dismal record on workers compensation.

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