Trade deal could jeopardize school junk food ban

[Stop TILMA!]

All,

A legal opinion released today finds that the B.C. government's
guidelines on junk food in schools could be challenged under the terms
of the Trade, Investment and Labour Mobility Agreement (TILMA).

You can download a copy of this legal opinion here: http://tinyurl.com/4kwoqm

The opinion by lawyer Steven Shrybman of Sack Goldblatt Mitchell says
that TILMA, the trade deal between BC and Alberta, could impact
decisions like the junk food ban in schools to the point where the
initiative could be scrapped if it restricts investment.

Shrybman argues that under TILMA, an Alberta company could invoke
dispute procedures if it believed its business was affected by BC's
new guidelines for food and beverage sales in BC schools.

"The overwhelming majority of government measures that are subject to
TILMA have little if anything to do with inter-provincial trade," said
Steven Shrybman. "These measures - from environmental controls to
health care insurance plans - were established to serve broad public
or societal purposes."

Shyrbman argues that despite the fact that their essential purpose
does not concern investment, trade or labour mobility, important
public policies could be challenged for offending TILMA.

Caelie Frampton, Stop TILMA campaign coordinator, says the legal
opinion represents another opportunity for legislators and the public
to rethink TILMA. "If a deal like this actually means governments'
hands are tied when it comes to important initiatives like the junk
food guidelines and fighting climate change it is not in the public
interest," says Frampton.

TILMA came into law without public debate or legislative oversight
April 2007. It is a legally binding agreement between B.C. and Alberta
that allows businesses and individuals to sue either the province,
including Ministries and school boards, when they feel that any
regulation and policy "restricts or impairs" investment.