Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Monthly Archives: February 2018

BEWARE OF THE WHISTLEBLOWER!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Buy America, Corporate Counsel, Criminal Law, Cross-border litigation, Cross-border trade, Customs Law, Excise Duty, Excise Tax, Government Procurement, Legal Developments, Trade Agreeements, Trade Remedies, U.S. Federal Government, Uncategorized

Originally published by the Journal of Commerce in February 2018 Customs and Border Protection (“CBP”) and other federal enforcement agencies seizing goods or imposing penalties is not unexpected. However, there are other consequences triggered by the actions of private actors which present equal danger to importers. In particular,  there is the False Claims Act (“FCA”),… Continue Reading

The Government of Canada Has Not Appointed Needed Canadian International Trade Tribunal Members

Posted in Antidumping, Canada's Federal Government, Customs Law, Government Procurement

Canada is nearing a trade law crisis point that, quite frankly, is avoidable and easily solved.  There are too few permanent members of the Canadian International Trade Tribunal (“CITT”) for the workload.  Section 3 of the Canadian International Trade Tribunal Act provides for the appointment of a Chairman and six (6) permanent members to the… Continue Reading

Federal Court of Appeal Finds NEXUS Pass Confiscation Not Justified

Posted in Legal Developments, NEXUS

On February 8, 2018, the Federal Court of Canada released its decision in Gunwani Sodhi v. The Minister of Public Safety and Emergency Preparedness, 2018 FC 145 in which Justice Campbell found that the confiscation of Mr. Sodhi’s NEXUS membership by the Canada Border Services Agency (“CBSA”) lacked justification. This is the first Canadian judicial… Continue Reading