Quebec Fracking Ban Gets $250 Million NAFTA Challenge

NAFTA challenge launched over Quebec fracking ban

by Joan Russow - Global Compliance Research Project

There should be a fracking ban all across Canada. There is sufficient and mounting evidence that the practice of fraking is harmful to human health and the environment to justify invoking the precautionary principle. Under the Convention on Biological Diversity is the following enunciation of the precautionary principle

It is vital to anticipate, prevent and attack the causes of significant or loss of biological diversity at source and that where there is a threat of significant biological diversity, the lack of full scientific certainty should not be used as a reason for postponing measures to avoid such a threat ( a paraphrase)

Under Chapter 11 , Under article 1106 d 6

of NAFTA, each party can end a practice for environmental reasons; if Canada undertook to ban fracking across Canada and cited sections under the Convention on Biological Diversity then then Lone Pine Resources Inc. would have no case.

In 1993, there was an environmental assessment review of Nafta, and Canada made a statement that all international instruments would supersede NAFTA. Thus the Canadian government could support the Quebec ban by banning the practice of fracking across Canada and citing Canada’s obligations under the legally binding Convention on Biological Diversity. Canada ratified the Convention in 1992. The US has signed the Convention but not ratified it.

NAFTA challenge launched over Quebec fracking ban
The Globe and Mail

Energy firm Lone Pine Resources Inc. is taking on Quebec’s fracking moratorium, saying it violates the firm’s rights under the North American free-trade agreement and demanding more than $250-million in compensation.

The company disclosed in a filing with the U.S. Securities and Exchange Commission this week that it has filed a notice of intent to sue the Canadian government under NAFTA’s controversial Chapter 11.