Water and Social Activism in Canada by Kelly Busch B.A. University of Victoria, 1992 A thesis Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS in Interdisciplinary Studies We accept this thesis as conforming to the required standard Dr. Rennie Warburton, Supervisor (Department of Sociology) Dr. Peter Stephenson, Committee Member (Department of Anthropology) Dr. Ken Hatt, Committee Member (Department of Sociology) Dr. Honore France, Committee Member (Faculty of Education) Dr. Pamela Moss, External Examiner (Faculty of Human and Social Development) © Kelly Busch UNIVERSITY OF VICTORIA All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. ii ABSTRACT: This thesis on water and social activism in Canada is a journey into the realm of shared social understanding. Water is too precious to all forms of life to simply permit commodification for the benefit of a few at the expense of the many. The Sun Belt case adjudicated under the North American Free Trade Agreement (NAFTA) when compared with what prevailed under previous Canadian national law reveals severe limits to state sovereignty. A high measure of support has already been manifest around concerns and considerations which pertain to water and the potential for the growth of social activism with reference to water may well be unprecedented in Canada. There are fundamental inequalities found within the Sun Belt case. Current international trade policy coupled with private banking practices does not value the principles of sustainability, equality and justice because it is committed to the commodification of the “commons”. This thesis uses a variety of sources to oppose the present discourses followed by governments according to the doctrines found in the study of classical economics within a capitalist context. Dr. Rennie Warburton, Supervisor (Department of Sociology) Dr. Peter Stephenson, Committee Member (Department of Anthropology) Dr. Ken Hatt, Committee Member (Department of Sociology) Dr. Honore France, Committee Member (Faculty of Education) Dr. Pamela Moss, External Examiner (Faculty of Human and Social Development) iii Acknowledgements: I begin by acknowledging the patience and understanding of my supervisor, Dr. T. Rennie Warburton, and, in particular, I would like to extend a personal “Thankyou” for his courageous decision to allow me to change my topic from “Ethnicity as a Strategic Resource” to my current subject of Water and Social Activism in Canada. I would like to acknowledge the support of my committee members, namely Dr. Stephenson, Dr. France and Dr. Hatt. A particular debt of gratitude is due to my external examiner, Dr. Moss, for her considerable efforts with reference to the form of the discourse submitted for the oral defence; the current draft of the discourse is considerably better as a product of her efforts. I also wish to acknowledge Dr. Reistma-Street who chaired my oral defence and thank her for her participation in that process as the “representative of the Dean”. Doug Seely is to be acknowledged for providing the template for the original schematic diagram as well as John Michael Dlugos for his work on the schematic diagram and map found in the text. And finally, I wish to acknowledge the work of academics and activists who through a variety of efforts endeavor to create a more just, sustainable society. Dedication: This essay which pertains to actions surrounding the possible commodification of water as well as the stewardship of government is dedicated to the development of a “just” “sustainable” society and thus is advanced in spirit to all mothers past, present and future and, in particular, to my own mother, Doreen Busch; it is also dedicated as an academic manifestation of the visions offered by social activists such as Maude Barlow complete with the recognition that: “There is no polite way to say that business is destroying the world.” Paul Hawken: Businessman-turned-environmentalist * Quoted from: Barlow, M., (1998), The Fight of My Life Confessions of an Unrepentant Canadian, Toronto: HarperCollins Publishers, p. 192. Frontispiece: The essay enclosed is also addressed to those whom I will label as the “functionaries” of capitalism, to include: 1) Bankers 2) Trade lawyers 3) Business Practioners 4) Politicians 5) Academics 6) Consumers A recognition of the impact of the social and ecological fallout externalized on the environment due to the traditional practices of business is in order. They must endeavor to understand what it is they actually do in the pursuit of more zeros attached to the bottom line of particular portfolios. The functionaries of capitalism are asked to consider the wisdom presented by George Soros as follows: “The belief in laissez faire capitalism has elevated the deficiency of social values into a moral principle... The supreme challenge of our time is to establish a set of fundamental values that applies to a largely transactional, global society.” Soros, G., (1998), The crisis of global capitalism: open society endangered, New York: Public Affairs, p. 82, 84. If we continue on our present course of development it is certain that we will find in the future there are some things that capitalist practices will be unable to secure, namely clean air and water (fit for iii all inhabitants of the planet) at any price. We must, instead, seek sustainable alternatives. Table of Contents iv Abstract ii Acknowledgements, Dedication and Frontispiece iii Table of Contents iv List of Tables and List of Figures v 1 A DISCURSIVE STUDY IN THE NATURE OF WATER AND AIR IN CANADA Personal Thoughts on the Dialogic Method in Discourse 1 2 WATER IN CANADA: Private Property or Public Resource An Introduction To Canadian Water Set Within A Historical Context 11 Canadian State Sovereignty Over Water: An Illusion Of The Past? 19 3. POLITICAL ECONOMY AND LEGAL ASPECTS OF WATER IN CANADA Nature of the Sun Belt NAFTA Challenge Under Chapter 11 to Water in Canada 26 Sun Belt Affidavit Summary 34 The Illusion Of Sovereignty Yes, But Only If You Can Pay For It 43 The Federal Government Maintains Its Sovereignty As Usual 50 4. ACTIVISM AROUND WATER IN CANADA Water, Civil Disobedience and the Law 61 Movement For Change Which Flows From Unified Oppositional Politics 63 The “Water Watch Summit” 65 The Common Theme of Water as a Public Resource 66 Water Export and Trade 68 Protecting Municipal Water Systems 69 Protecting Water in the Environment 70 “Water Watch Declaration” and a List of Recommendations 71 Personal Reflections on the “Summit” 71 CUPE Policy Statement On Water “Not For Sale!” 75 Environmental Water 78 5. A PERSONAL ACADEMIC STUDY WITH AN ACTIVIST ORIENTATION The Value of Personal Experience Within The Journey of Discourse 88 Water As A Medium By Which To Create A Process Of Sustainable Development 92 Strategic Resources Associated With Water 103 Limitations of the Discourse 107 A Just Conclusion for Water and Social Activism in Canada 109 Appendices A. Aquatic Academic Activist Glossary 119 B. Treaty Initiative 146 C. Summary of Statutes Applicable in British Columbia Related To Water 147 D. Sun Belt Affidavit Summary 150 E. Summary of Civil Contempt Decision 155 F. “Water Watch” Declaration, Recommendations and Materials 157 G Summary of CUPE Application for Intervenor Status 160 H. The Top 10 Corporate Agents In Canada 164 I. The Meta-Program for Global Corporate Rule 167 J. Summary of the Global Sustainable Development Resolution 173 K. Cited and Referenced Related Websites and Email Addresses 174 Bibliography 176 Curriculum Vitae 184 Partial Copyright License 185 v List of Tables Table 1: Summary of The Canada Water Act 15/16 Table 2: Ten Water Principles 67 Table 3: Actions of the Sierra Legal Defence Fund 80/81 Table 4: National Sewage Report Card (Number Two) 84 Table 5: Drinking Water Report Card 85 Table 6: Recommendations For Canadian Drinking Water 87 Table 7: The Standing Committee on Foreign Affairs and Trade on Bill C6, An Act to Amend The Boundary Waters Treaty Act. Submission by: The Council of Canadians 93 Table 8: A Water Policy For Canada 94/95 List of Figures Figure 1: Map of Proposed Water Diversions 22 Figure 2: “Structural Adjustments By Stealth” in the Sun Belt Case 39 Chapter 1: A Discursive Study In The Nature Of Water And Air In Canada. Personal Thoughts on the Dialogic Method in Discourse: Seek ...... Understandiing Water Cllariifiicatiion Liight of the Raiinbow..1 Navigating a discourse such as my Haiku poem referenced above, whether it is done during the act of creation on the part of the author or later as seen from the perspective the reader, is a personal journey into the realm of social understanding. The shared meaning of a personal journey in discourse, by definition, is originally constructed as a product of careful analysis - in which the individual endeavors to access the validity of the collective message in question - so that understanding may then be shared and further discussed (and thus developed) within society. My story of water and social activism in Canada, with particular reference paid to this reflexive phenomenon, is certainly no exception and consequently has proven difficult to concisely conceptualize in discourse. A central difficulty to be overcome in discourse lies in establishing clear concise conceptual terminology which is free from external conflicting connotations for the purpose of conveying shared social meaning with universal clarity as far as is humanly possible. To this end, regardless of the various discursive connotations associated with the “rainbow” label as they may be found in 1 Throughout the text of the “rainbow” discourse references are made in the footnotes to additional references which are located in Appendix A or what I have called an “Aquatic Academic Activist Glossary”. For the benefit of traditional academics, summaries for the textual references of Appendix A are first located in each individual footnote so the glossary of Appendix A may be ignored without compromising references in the main text of the discourse.