34 PARLIAMENTMAGAZINE 8 November 2010

Signed, sealed, delivered?

Following the recent decision by the European Court of Justice to lift its temporary suspension on the EU’s ban on the trade in seal products, Canada’s fisheries and oceans minister Gail Shea vowed to continue the fight at the World Trade Organisation (WTO). Although Canadian moves against the

EU’s ban are now to a certain extent viewed more as a symbolic action – around three-quarters of Canadians are thought to support the EU’s right to ban the seal products trade – Shea told the Parliament Magazine that Ottawa believed that the ban was inconsistent with the EU’s international trade obligations. “This is why Canada initiated a WTO dispute settlement process in the fall of 2009,” said Shea, adding, “By moving ahead with this challenge; we are reiterating our commitment to defend the Canadian sealing industry and the coastal and northern communities that depend on the seal harvest.” Ottawa, said Shea, also wanted to use the WTO chal-lenge “to send a clear message to the international community that Canada will not allow to go unchallenged trade barriers

that have no scientific basis”.Responding to the EU court’s ruling on the legal challenge

put forward by 16 plaintiffs, including Inuit groups and two of Canada’s largest commercial seal processing plants, Shea said, “While the government of Canada is not a party to this legal action, we support their efforts to see the ban overturned. Their challenge adds to the voices of those opposed to the EU ban on seal products, and it is a welcome complement to Canada’s own WTO challenge.”

However MEP campaigners welcomed the court’s decision and called on the Canadian authorities to come to terms with the ban. Socialist MEP Arlene McCarthy called the result “a victory for people power and a credit to the campaigners involved”. McCarthy told the Parliament Magazine that the European parliament had been determined to steer the law into place as a clear expression of the will of EU citizens. “It has been a battle to get this law on the statute book. Sustained last minute lobbying by non-EU countries sought to demonise Europe for ending a trade which in reality is collapsing around

The impact on trade may be negligible in monetary terms, but the seal products ban is still ahighly emotive issue for the EU and Canada. Brian Johnson reports on the latest developments

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the world. We fully expected the seal industry to bring a legal challenge, but they have no justification for their action. The EU has no desire to trespass on the Inuit traditional way of life so the law was drafted to specifically permit trade in products from traditional Inuit subsistence hunting.”

ALDE deputy, Diana Wallis said that Canada now needed to make the ban work for the sake of their communities. “Rather than raising endless protest in the hope the EU will eventually, somehow, drop this ban, Canada must set about dealing with the reality of the ban,” she said. “Canada must make this ban work for the Inuit communities which it tries to protect by granting their seal products access to our valuable market. To do otherwise would not only be of great disservice to these fragile communities, but also call into question all the rhetoric which Canada has raised around this ban.”

But Canada’s national Inuit organisation, Inuit Tapiriit Kanatami (ITK), and the Fur Institute of Canada (FIC), two of

the leading groups in the consortium that put forward the chal-lenge with the Court of Justice warned that they would appeal the decision. “I am disappointed and angered that the suspen-sion of the ban has been lifted, now that the judge has had ample time to properly consider this immoral legislation,” said ITK president Mary Simon. “We view this as a minor setback. We plan to appeal the ruling as we believe the original seal ban was based on colonial perceptions of our sealing practices, and the ruling is a perfect illustration of this.” Simon said that ITK were “in this for the long haul”, and would continue to use all available avenues to overturn the ban. “Regrettably, a majority of European parliamentarians continue to be blinded by a com-bination of old, discredited colonialist attitudes and a cynical disinformation campaign from animal rights activists.”

Rob Cahill, executive director of the FIC said the court’s decision was disappointing, but it will not affect the outcome of our main case on the ban, which is still before the court, and

“The EU has no desire to trespass on the Inuit traditional way of life so the law was drafted to specifically permit trade in products from traditional Inuit subsistence hunting”Arlene McCarthy MEP

“This legislation is discriminatory and unjust. It does absolute nothing to address marine conservation or animal welfare, and is misguided at best” Rob Cahill, executive director of the Fur Institute of Canada

“Rather than raising endless protest in the hope the EU will eventually, somehow, drop this ban, Canada must set about dealing with the reality of the ban”Diana Wallis MEP

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processes, it is deep in negotiations over a free trade agree-ment with the EU. This link is not lost on MEPs. A recent parliamentary question from MEP David Martin pointed out that the European parliament – which overwhelmingly supported the seal ban – will have to vote to ratify any FTA with Canada.”

EU communications officer for the International Fund FOR Animal Welfare Adrian Hiel said that his organisation was pleased that the court had made the right decision and lifted the suspension. “By any measure the EU ban on seal products represents a watershed moment in animal welfare legislation, said Hiel. “However the next threat to the ban could well be a WTO challenge from the Canadian government. Already they have asked for consultations with the EU.” Hiel praised the dedication and determination of the MEP is achieving the ban. “Future parliamentarians will have the responsibility of defend-ing this remarkable legislation and ensuring that the EU has animal welfare at the heart of its policy. They can be certain that we will be on hand with our scientists, our video footage and our hunt observers to help defend the ban at every turn.”

“By moving ahead with this challenge; we are reiterating our commitment to defend the Canadian sealing industry and the coastal and northern communities that depend on the seal harvest”Canadian fisheries and oceans minister Gail Shea

“Regrettably, a majority of European parliamentarians continue to be blinded by a combination of old, discredited colonialist attitudes and a cynical disinformation campaign from animal rights activists”Mary Simon president of Canada’s national Inuit organisation, Inuit Tapiriit Kanatami

“The latest attack on the EU seal product trade ban by Canadian sealing industry apologists has been rebuffed – at least for now”Mark Glover, executive director, Humane Society International/UK

“By any measure the EU ban on seal products represents a watershed moment in animal welfare legislation”Adrian Hiel, EU communications officer for the International Fund for Animal Welfare

expected to go to trial next year.” Cahill added, “This legisla-tion is discriminatory and unjust. It does absolute nothing to address marine conservation or animal welfare, and is mis-guided at best.”

Unsurprisingly animal rights activists applauded the court’s decision, with Mark Glover, executive director, Humane Society International/UK saying “The latest attack on the EU seal product trade ban by Canadian sealing industry apologists has been rebuffed – at least for now.” Glover however warned that decision could still be appealed and that the ban still faced a potential challenge at the WTO as well as the plaintiffs’ original appeal to the general court. “None of this surprised animal welfare groups working on the issue, led by Humane Society International. In the lead-up to a federal election, Canada’s minority government leaders – including prime minister Stephen Harper – made numerous public statements regarding their plans to pursue WTO action against the EU ban,” said Glover.

Canada, he warned, needed to tread warily. “At the same time it is attacking European values and EU democratic