Why did Canada intervene in the B.C. Supreme Court case ?
Recognizing that the Metalclad decision could have a persuasive impact on future tribunals, Canada chose to intervene in the Metalclad review. Canada’s written submission argued that any interpretation of the NAFTA must promote the NAFTA’s objectives and ensure governments possess flexibility to safeguard public interests. Canada further argued that the NAFTA Tribunal incorrectly read into the Agreement obligations that federal governments are obligated to remove all doubt and uncertainty about all relevant legal requirements applicable to NAFTA investors. • What did the B.C. Supreme Court rule? On May 2, 2001, Justice Tysoe released his decision in the Metalclad Review, finding that the Tribunal had gone beyond the scope of the submission to arbitration in respect of the Tribunal’s finding that Mexico had breached Article 1105. While Justice Tysoe found that there was no evidence of a violation of Article 1110 on account of events prior to the Ecological Decree, he held that the Tribu
