Introduction

The question of the constitutional validity of the various dispute settlement systems under NAFTA has arisen from time to time in all three NAFTA countries. Most recently, a coalition of public interest groups and labour unions has applied in the Superior Court of Justice of Ontario for a declaration against the constitutionality of the investor state dispute settlement provisions of Chapter 11 of NAFTA. The application was rejected by Justice Pepall, a leading commercial list judge on July 8, 2005. Justice Pepall reviews the provisions of NAFTA, various cases taken by ...