A senior Democrat comes to Ottawa to talk NAFTA. But what do Democrats want? - Action News
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A senior Democrat comes to Ottawa to talk NAFTA. But what do Democrats want?

Proponents of the ratification of the revised North American trade agreement are hoping Richard Neal's trip to Ottawa on Wednesday was a sign Congressional Democrats and the Trump administration are close to a deal. But was the chair of the House ways and means committee coming to town to propose changes?

Ways and means committee chair Richard Neal met Trudeau briefly before talks with Freeland

House ways and means committee chairman Richard Neal, of Massachusetts, listens to a reporter's question as House Democrats arrive for a caucus meeting on Sept. 24 in Washington, D.C. (Alex Brandon/The Associated Press)

Proponents of the ratification of the revised North American trade agreement are hoping Richard Neal's visit to Ottawa today was a signCongressional Democrats and the Trump administration are close to a deal.

But was it also a sign that Democratsnow needsomething from Canada? If NAFTA changes weren't afoot, why would the chair of the House ways and means committee need face time with Canada'sotherwise-busy-with-transitioning government?

While the cameras rolled at a morning courtesy call on the prime minister, Justin Trudeau said "it's a pleasure to see the positive momentum that seems to be happening" on the revisedNAFTA'sratification.

"We want to see this implemented. Renewal is very important to the United States, and I can tell you with all certainty that Speaker [Nancy]Pelosi is committed to getting to yes," Neal said, before reporters were escorted out.

Trudeau welcomes head of U.S. Committee on Ways and Means

5 years ago
Duration 1:30
PM Justin Trudeau welcomes Richard E. Neal, Chairman of the Committee on Ways and Means, who is in Ottawa to try and get the CUSMA ratified.

From there, Neal and three other House representatives two Democrats and one Republican headed for talkswithForeign Affairs Minister Chrystia Freeland and other Canadianofficials.

"We're excited to have this opportunity to talk to you about getting to ratification in both of our countries," Freeland said today.

"I particularly stressed the importance of meaningful enforcement mechanisms that ensure the protection of workers in all three nations and of our shared environment," Neal said in a written statement at the conclusion of the talks.

"I'm pleased that our neighbors to the north also have a strong desire for an agreement that benefits our economies while also lifting up our people."

Nealalso visited Mexico City last month, where he met with PresidentAndrs Manuel Lpez Obrador.

Notwithstanding Washington's ongoingimpeachment fight, House SpeakerPelosihas saidDemocrats are still open to voting onthe new NAFTA before primary season takes over.

Notwithstanding Washington's ongoingimpeachment fight, House SpeakerNancy Pelosihas saidDemocrats are still open to voting onthe new NAFTA before primary season takes over. (Susan Walsh/The Associated Press)

U.S. Trade RepresentativeRobert Lighthizeristrying tobridge their gaps, finalize an implementation billand getthe revised trade deal onto the floor.

But time's ticking down. Lighthizer and the Democratsmay needa deal before U.S. Thanksgiving. That's just three weeks away.

The most influentialunion leader in the U.S., AFL-CIO president Richard Trumka, has warned it wouldbe a"colossal mistake" to call a vote without addressing organizedlabour's concerns. Trumkamet with Pelosi last week.

Can Mexico keep its word?

Democrats wantguarantees thatthe deal's stronger labour and environment protections can be enforced. Some fearedMexico's budget lackedsufficient resources to implement its labour reforms.

Toease theirconcerns, Lpez Obradorwrote a four-page letter to Neal last month, outlining what steps his government is taking on enforcement.

"Without some penalties, all the good work that has been done to try to raise labour standards, and make sure there's some minimum payment that auto workers will receive for the work they're doing, could all just be back to where things started," said Hassan Yussuff, president of the Canadian Labour Congress, who also served on Freeland's NAFTA advisory council.

Mexico's President Andrs Manuel Lpez Obrador gives a speech to celebrate the one-year anniversary of his election in Mexico City's main square on July 1. (Fernando Llano/The Associated Press)

Canada proposed more robust labour language but theadministration of U.S. President Donald Trump rejected it, Yussuff said. It's "quite ironic" to watchwhat's happening now to get the deal through Congress, he said.

One controversial proposal fromDemocrats Ron Wyden and Sherrod Brownis fora NAFTA inspection regime forMexican facilities.But the prospectof American inspectors showing up to enforce Mexicanlabour reforms raisedsovereignty concerns.

Mexico's approach to labour rightswon't change overnight. By one count shared with Brian Kingston, the vice-president of the Business Council of Canada, there are150,000 collective agreements in Mexico that are not based onlegitimatecollective bargaining with representative unions. They all may need updating, if notoverhauling, to enshrineworkers' rights.

"There's a huge amount of capacity-building that needs to occur, and Canada has some deep expertise there," Kingston said.

Last summer, Labour Minister Patti Hajdutravelled to Mexico City to announce a new bilateral working group to help implement Mexico'slabour reforms.

But it's not clear exactly what kind of commitment thatrepresents, financial or otherwise. Yussuff said the help Canada couldprovide remains "in flux, until a new cabinet is named."

It's also "up to the Mexicans to decide what help they need from us," Yussuff said.

A spokespersonfor the Mexican Embassy told CBC News that it was not Mexico's understanding that Nealwould be discussing specific financial assistance from Canada for the implementation of Mexican labour reforms.

Mexico also may need help raising its environmental standards.

Congressional Democrats like Oregon's Earl Blumenauerhave suggested that Canada start contributing to the North American Development Bank, which improves environmental infrastructure on the U.S.Mexico border.

Revisions, side letters coming?

Critics inside and outside Democratic circles also argue the new dispute resolution chapter doesn'tfixa weakness of the existingNAFTA: acountry's ability to block the formation of an arbitration panel when disagreements arise over compliance.

Tightening this requires either revising Chapter 31 of the newagreement, or adding abinding side letter between the three partners. (Some Democrats feelside letters aren't enforceable.)

Then there arethe deal's unpopular pharmaceutical protections.

With voteranger over the high cost of drugsbecoming an issue in next year's presidential election, Democratsdon't want the new NAFTA topreventa future administration from being able to dialback the data protections profitable pharmaceutical companies enjoy.

"There's no justification why that was done in the first place," Yussuff said. "I could understand the Democrats feeling very vulnerable. They've got to do something to recoup what the administration gave away [to pharmaceutical companies] in the negotiation."

Why wouldaCanadian government that's also focused on drug costs andpondering a national pharmacare plan stand in the way of that?

The Liberal government may have seen this coming when the last Parliament rose without passing the NAFTA implementation bill.

Change it or walk away?

Until now, Freeland has heldfirm: reopening the agreement could be a Pandora's box, she's said. A deal's a deal. No more concessions.

It's a line meant to dampenexpectations in Democratic circles that it's possibleto rewrite Lighthizer's deal.

"I think that was the right message,"particularly in the months leading up to Canada's election,Kingston said. "You don't want to give the impression that we've reached this final solutionand now suddenly we're going to start nibbling away at various pieces of it."

But what if what Neal's proposing doesn't hurt Canada, or evenstrengthens the deal?

"If they're coming to us with improvements, I think it could be challenging to hold that line," Kingstonsaid.

Negotiating changes to the text, or drafting side letters, would be Lighthizer's job.

For now, Neal needs to take the temperature to find out if Canada'samenable to improvements.

Yussuffsaid he'd be surprised if Mexico and Canada refused to makechanges.

"If they can't get it through Congress, what's the value of that agreement?"