Neighbourly relations with the U.S. are over – Globe and Mail Op-Ed
The Trump administration’s announcement of punitive tariffs on Canadian steel and aluminum means we’re into a full-blown economic and political war with the Americans.
Prime Minister Justin Trudeau’s tough statement Thursday afternoon that these tariffs are unacceptable and an affront to all Canadians is unprecedented for its direct and unrestrained criticism of an American president and his administration by any Canadian leader. In answering the press, Mr. Trudeau said that President Donald Trump’s actions represent a “turning point” in Canada-U.S. relations.
The descent into full-scale economic warfare with the Americans had been evident for some time, notwithstanding overly optimistic comments by some observers…
Christopher Sands – Why Canada Should Resist a Skinny NAFTA 2.0
From: Christopher Sands To: The Hon. Chrystia Freeland, Minister of Global Affairs Date: May 25, 2018 Re: Why Canada Should Resist a Skinny NAFTA 2.0 In recent days, Washington has been buzzing with speculation that a “Skinny” NAFTA deal is possible. Treasury Secretary Steve Mnuchin suggested it as the US and China appeared to be […]Benjamin Dachis – Backstopping Kinder Morgan Makes Sense
To: The Hon. Bill Morneau, Minister of Finance From: Benjamin Dachis Date: May 17, 2018 Re: Backstopping Kinder Morgan Makes Sense The federal government is wise to indemnify Kinder Morgan from any losses it may suffer in its Trans Mountain pipeline expansion project due to political obstruction in British Columbia —as announced yesterday. The Trans Mountain saga is well […] Ian A. Blue – The New Brunswick Beer Case: Temperance Redux
From: Ian A. Blue To: Concerned Canadians Date: May 16, 2018 Re: The New Brunswick Beer Case: Temperance Redux What is most remarkable about the decision in the recent Supreme Court of Canada ruling on interprovincial movement of alcohol is that it allows the long arm of temperance to still govern Canada. In 1920, the Supreme Court was asked […]Daniel Schwanen – Canada Should Steel Itself for Concessions, find Common Ground in NAFTA (Part 2)
From: Daniel Schwanen To: Concerned Canadians Date: May 7, 2018 Re: Canada Should Steel Itself for Concessions That Make Sense, Emphasize Common Ground in NAFTA Talks (Part 2) In my previous memo, I discussed why an approach to a new NAFTA agreement in which Canada (and Mexico) could give the US Administration some visible “wins”, through intelligent compromises while […]Daniel Schwanen – Canada Should Steel Itself for Concessions, find Common Ground in NAFTA (Part 1)
From: Daniel Schwanen To: Concerned Canadians Date: May 7, 2018 Re: Canada should steel itself for concessions that make sense, emphasize common ground in NAFTA (Part 1) Canada and Mexico got another reprieve last week, until June 1, against duties imposed globally by the US on steel and aluminum imports. US Trade Representative Robert Lighthizer indicated that to […]Robert Mysicka – New Brunswick Ruling was Unfortunate, but Inevitable
From: Robert Mysicka To: Canadians Mourning the Supreme Court’s Beer Decision Re: New Brunswick Ruling was Unfortunate, but Inevitable Date: May 4, 2018 The recent Supreme Court ruling on Gérard Comeau’s now famous purchase of beer in Quebec for consumption in New Brunswick was both unsurprising and disappointing. From a lawyer’s standpoint, I can understand […]How the Supreme Court got the ‘free the beer’ ruling exactly backwards: Financial Post Op-Ed
Now that some time has passed since the surprising Supreme Court of Canada decision in the Comeau case, it’s worth reflecting on some of the concepts enunciated in that judgment in upholding New Brunswick’s ban on cross-border beer imports.
The central issue in that case, of course, was whether Section 121 of the Constitution was breached by the New Brunswick law under which Mr. Comeau was charged. Section 121 says: “All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall . . . be admitted free into each of the other Provinces.”
Note that the words are “shall . . be admitted free.” Section 121 doesn’t say “duty free” but “free” — full stop. That word would in a normal sense seem to mean…
Christopher Sands – Canada’s Middle Power Mission: To Save The Wto
To: François-Philippe Champagne, Minister of International Trade From: Christopher Sands Date: May 1, 2018 Re: Canada’s Middle Power Mission: To Save the WTO International trade turmoil is a direct threat to the Canadian economy. And it appears to be getting worse. Canada must do what it can to shore up the world trading system – not […]