US embassy cable - 05OTTAWA3372

UNCLAS SECTION 01 OF 02 OTTAWA 003372 
 
SIPDIS 
 
SENSITIVE 
 
L/CID AND WHA/CAN 
 
E.O. 12958: N/A 
TAGS: EINV, ETRD, CA, NATO 
SUBJECT: NAFTA CHAPTER 11:  SUN BELT WATER REQUESTS 
ASSISTANCE FROM AMBASSADOR 
 
 
1.  (SBU)  Post has received the following letter regarding 
Sun Belt Water's Nafta Chapter 11 dispute with the government 
of Canada.  Note:  Sun Belt is Claimant C in the 527 Report 
to Congress on investment disputes.  End note.  The original 
letter and the accompanying CD, which we have not viewed at 
post, are being sent to L/CID with a copy of the letter to 
WHA/CAN.  We request guidance on the most appropriate 
response to Mr. Carten. 
 
2.  (U)  Begin text of letter: 
 
John Frederick Carten, B.A., L.L.B. 
34-3075 Nanaimo Street, Vancouver, B.C. 
Tel 604 877 0312 
 
October 29, 2005 
 
The Honorable David Wilkins 
United States Ambassador to Canada 
490 Sussex Drive 
Ottawa, Ontario 
K1N 1G8 
 
Dear Ambassador Wilkins: 
 
Re:  SUN BELT WATER INC. & Related Matters 
 
I am enclosing for review by you and by the appropriate 
authorities in your government a CD which contains on it a 
copy of a document entitled SECOND POLICE REPORT which is 
dated October 3, 2005.  The document is in Adobe 6 format 
and, although 120 pages long, the exhibits, which amount to 
100 pages in total, are hyper-linked to the text for ease of 
reading. 
 
The enclosure should be read in combination with the POLICE 
REPORT, dated December 2002, a copy of which was sent to your 
predecessor, Mr. Celucci (sic). 
 
Both of these documents, along with other related material, 
are available on-line at www.sunbeltwater.com 
 
The two POLICE REPORTS set out proof of a fraud carried out 
by the BC government in 1990-91 in relation to bulk water 
exports.  That fraud was then carried forward with the crimes 
of fraud, perjury and obstruction of justice in relation to 
litigation in Canada involving your corporate citizen, SUN 
BELT WATER INC., in which I acted as legal counsel. 
 
In the background to these events was the attempted 
conspiracy by the Premier of British Columbia, a number of 
political insiders and W.C.W. Western Canada Water 
Enterprises Inc. to fix the outcome of a public tender 
process being conducted by the Goleta Water District of 
southern California, in March, 1991. 
 
As a Canadian, I request that you bring these issues to the 
attention of your President.  Mr. George Bush, and your 
government, generally. 
 
I also request that you and your government take immediate 
steps to inform the Canadian public of the deceit and 
duplicity of their political elites, who have fed them the 
propaganda that Canada complies with NAFTA while your country 
does not. 
 
The events of 1990 and 1991 were an early violation of the 
Canada US Free trade Agreement and the treatment of SUN BELT 
WATER INC. in our domestic courts was a continuous violation 
of the fair and equitable treatment provisions of Article 
1103 of the NAFTA. 
 
It was an embarrassment for me to recently witness Ms. Rice 
suffer, unfairly, the taunts of the Canadian media, that is 
filled with wild accusations that your government ignores its 
obligations under NAFTA, which I know, perfectly well, how 
both the British Columbia and the Canadian government have 
ignored their duties to uphold NAFTA in relation to SUN BELT 
WATER INC. and how the Canadian media continues to refuse to 
publish that story. 
 
When the events of 9-11 occurred, it was average Canadians 
who reached out to Americans who were stranded at our 
airports and it is average Canadian who need your 
government's help in lifting the clouds of falsity and deceit 
that have shrouded their vision with regard to these issues. 
 
I trust that your and your government will do the right thing 
by supporting the revelation of the truth in relation to 
these matters. 
 
Yours very truly, 
 
JOHN FREDERICK CARTEN, B.A., L.L.B. 
 
End text of letter. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
WILKINS