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Posted February 6, 2008
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Unfair Trade Practices
NAFTA In Question

Clayton Family Starts NAFTA Case for Unfair Treatment

OTTAWA - The Clayton family - owners of Bilcon of Nova Scotia - has taken the first step in a claim against the Government of Canada for over $188 million. The claim, brought under the North American Free Trade Agreement (NAFTA), says the Claytons were treated unfairly by Canada when they were denied the opportunity to open a quarry and marine terminal in Digby County, Nova Scotia.

"For five and a half years, the Clayton family played by all the rules." said Barry Appleton, of Appleton & Associates International Lawyers, the legal firm representing the Claytons. "But the Governments of Canada and Nova Scotia kept changing the rules, and then blindly followed the biased, flawed recommendations of an environmental panel."

"Honest business people who are invited to do business in Canada expect to be treated fairly when they come." said Appleton. "The NAFTA is designed to ensure they have a level playing field in Canada. The NAFTA entitles the Claytons to be treated in an even-handed way when they are investing in Canada."

The NAFTA is reciprocal. It guarantees Canadian companies the same kind of treatment in the United States as American companies should receive in Canada. A NAFTA claim cannot compel a government to change its laws. It entitles investors to seek compensation for unfair, discriminatory, or unequal treatment by government measures.

There are other quarries in Digby County, Nova Scotia and the Claytons' proposed 120-hectare basalt quarry and marine terminal would have provided at least 34 full-time jobs in the community.

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