Former New Zealand MP says Canada's new trans-Pacific trade deal may leave Indigenous Peoples defenceless

On the cusp of Canada's signing of the resurrected Trans-Pacific Partnership, a former Maori parliamentarian from New Zealand is warning First Nation peoplesthat the deal couldleave nation-to-nation treaties vulnerable to foreign interests.

The new agreement,dubbed the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP),is based on the originally negotiatedTrans-Pacific Partnership (TPP),which outlinedthe conditions on which 12countries skirting the Pacific oceanconduct business with each other.

It wasestimated to be worth$4.3 billion forCanada,but has been under renegotiation since the United States pulled out in 2017. Reports suggest the new CPTPPcould besigned andfinalized in March.

The Waitangi clause

The originalTPP included a clause that should be of interest to First Nations in Canada, says HoneHarawira, the Maorileader of an Indigenous rights-focused political party in New Zealandcalled theManaMovement.

The clauseaffirms New Zealand's obligations to the Treaty of Waitangibetween the British and the Maori, signedin the 1800s.The Treaty ofWaitangi, much like First NationsPeace and Friendship Treaties, is regarded as a documentthat laid the foundation for what is now New Zealand.

"Waitangistates that Maori could retain sovereigntyover their lands, forests and fisheries in return for allowing the British Crown to govern New Zealand," said Harawira.

"But of course, we didn't retain sovereignty of these things,and we've been fighting for it ever since."

Harawiracalls theTPP'sWaitangiclause "cosmetic only" and"useless in principle." He said Canada's First Nations should learnfrom the Maori.

"Keep pushing for your treaties to be included in international trade documents, but ensure your rights are adequately represented," he said.

Harawirasaid he thinks Indigenous Peoples should be given a seatin trade negotiations. He said he's concerned that some may notunderstandthe nature ofthe CPTPP, and that it canallowforeign investors toinfringe on their rights at no consequence.

A report by the United Nations Special Rapporteuron the rights of Indigenous Peoples,Victoria Tauli-Corpuz, suggests that in the event of a legal dispute between a country and a foreign corporation under the TPP, a settlement can overrule any of the country's domestic obligations or legal rulings.

In 2015, a U.S. mining company used the North American Free Trade Agreement to successfully sue Canada over the expansion of a quarry in rural Nova Scotia, which was protested by the Mi'kmaqbecause the quarrywas intheirtraditional territory.

Simply put, international trade law cantrumpnation-to-nationtreaties and that's Harawira's concern.

"If confronted with a legal challenge by a major corporation over access to natural resources in this country,it's highly unlikely that the Crown will defend Maoriinterests," he said.

Because Indigenous treaty rights are affirmed by the constitution and in Supreme Court decisions,Canada's interest inthe TPP, initiated by Stephen Harper,has been under the microscope by Indigenous rights advocates, and criticized for not acknowledgingFirst Nations, Inuit and Mtistitle.

Consultation or consent?

The departments ofGlobal Affairsand Indigenous and Northern Affairs told CBCNews in a joint email statement that Canada is "continuing to engage with stakeholders"on the TPP and thatsince 2015, Canada has carried out"comprehensive,formal consultations,"including"some 250 interactions" with stakeholders across the country Indigenous and non-Indigenous alike.

In 2016, Chief Stacey Laformeof the Mississaugas of the New Credit First Nation near Toronto sat down with other Indigenousleaders to talk TPPwith Indigenous and Northern Affairs Minister Carolyn Bennett andthen-International Trade Minister Chrystia Freeland.

Laforme said at the timehe was "very alarmed" by the powerthat international corporations were being given in the deal.

"It's not an issue of consultation.It's an issue of consent,"said Laforme.

Laforme saidthe Canadian government hasa "vague"definition of consultation, and that he felt little respect was given to the "degrees of ownership" the governmentand Indigenous peoples have over natural resources.

"Harper did not get to say 'Canada's open for business' without the consent of First Nations people, who still have rights and interests in the land and this is no different," said Laforme.

"It's just a new prime minister with a slightly different agenda. You can't come and help yourself to the resources of this land, when you haven't asked the people who own the resources."

Laforme saidhe respected the Maori's inclusion of their treaty in the agreement, but said it would have "limited effectiveness" ifFirst Nations were to try to have their treaties included. He saidit's a "deeper issue."

"Let's face it.We need our rights clearly defined before we try to protect them in an agreement."

CPTPPupdates

While the CPTPPhas not yet been signed, and the agreement's contents are still missing from Canada's website, INAC and Global Affairs told CBCNews that"the new CPTPP also makes explicit reference to our commitment to Indigenous Peoples by reaffirming the importance of promoting Indigenous rights, sustainable development and traditional knowledge, as well as the importance of preserving the state's right to regulate in the public interest."

The statement said Canada is approachinginternational partnershipsin a way that seeks "balanced solutions that advance reconciliation," and added that, for example,Canada's negotiators are currently discussing the potential for integrating into the North American Free Trade Agreement a chapter on Trade and Indigenous People.