On January 17, 2018, the Government of Canada furthered its “progressive trade agenda” and responded to calls from human rights groups by announcing that it is going to watch the activities of Canadian businesses operating in overseas markets more seriously.  The Government of Canada will create an Office of the Canadian Ombudsman for Responsible Enterprise

In the week of August 16, 2017, Canada’s NAFTA modernization team met in Washington D.C. with the United States Trade Representative’s NAFTA renegotiation team and Mexico’s NAFTA modernization team. At the end of the meeting, they issued a Trilateral Statement on the Conclusion of NAFTA Round One and indicated that Round Two will be held

Yesterday, August 2, 2017, President Trump signed into law H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act”.  The general press is covering this story by writing about Russia’s initial retaliation taking the form of cutting the staff authorized at the U.S. embassy in Moscow and the seizure of certain U.S. diplomatic property within Russia. 

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region.

In explaining the


Business team on top of the globe. European and African side. Conceptual business illustration. Isolated

On March 4, 2017, Global Affairs Canada announced consultations concerning a possible free trade agreement between Canada and China.   Consultations means that Global Affairs Canada is consulting with Canadian interested stakeholders (the free trade agreement negotiations have not started yet – Canada is in a preliminary exploratory stage). Global Affairs Canada has posted information

4378694036_b58f5081de_bWhen I say that the Canada-Ukraine Free Trade Agreement “should be ratified in 2016”, it is an opinion that it would be beneficial for ratification to occur.  I do not have any inside knowledge about the new Trudeau Government’s plans. In fact, we have heard very little from PM Justin Trudeau or Canada’s new Trade

On November 4, 2015, the Trudeau Government was sworn into power at Rideau Hall (that is where Canada’s Governor General lives) in Ottawa.  Prime Minister Justin Trudeau appointed his Cabinet (orders-in-council and regulations are promulgated by this group of law-makers).USA lawyers should know the following about the new Ministers (many are similar to US Secretaries, except they are all elected officials):

1. The new Minister of International Trade is Chrystia Freeland. Ms Freeland has written two books – Plutocrats: The Rise of the New Global Super-Rich and the Fall of Everyone Else in 2012 and Sale of the Century.  I suggest that US trade lawyers read these books.  Ms. Freeland also is a former journalist.  Ms. Freeland speaks many languages, including Russian and Ukrainian.

2. The new Minister of Foreign Affairs is Stéphane Dion: Mr. Dion was previously Prime Minister and leader of the Liberal Party (after PM Paul Martin).  Mr. Dion will likely not be as ideological as John Baird and unilateral economic sanctions may not be his preferred approach to world issues.

3. The new Minister of Public Safety and Emergency Preparedness is Ralph Goodale.  The Minister of Public Safety and Emergency Preparedness overseas the Canada Border Services Agency. Mr. Goodale held position in previous Liberal governments.  He understands the issue of security.

4.  The new Minister of Environment and Climate Change is Catherine McKenna.  Ms. McKenna is a lawyer.  I do not wish to be disrespectful to her in my next comment – I must keep it authentic.  The most interesting aspect of her appointment is the name change of the Ministry itself – the Ministry now has “Climate Change” in the name.  Words must have meaning – no? I think that Ms. McKenna will be taking Canada in a different direction in a few weeks in Paris.

5. The new Minister of Justice is Jody Wilson-Raybould.  Ms. Wilson-Raybould has an impressive resume; but it is who she is that is very interesting. Ms. Wilson-Raybould’s ancestors are Kwakwaka’wakw, one of Canada’s indigenous peoples.

6. The new Minister of Innovation, Science and Economic Development is Navdeep Bains.  Mr. Bains holds the portfolio that used to be known as Minister of Industry (portfolio includes Industry Canada).  I know Mr. Bain and he is very intelligent and personable. His Deparment will be responsible for the new Investment Canada reviews under the Canada-EU CETA and the TPP.

7. Half of the Cabinet positions are women.  This is because there are many capable women who ran for the Liberal Party and were elected.

8. Many of the Ministers are young.  Prime Minister Trudeau is 43 years old (he will be 44 on Christmas Day). But, do not underestimate them – young people have more energy – the world will have to keep up.

9. The Department of Foreign Affairs, Trade and Development Canada is now called Global Affairs Canada.

10. Citizenship and Immigration Canada is now called Immigration, Refugees and Citizenship Canada.

11. Industry Canada is now called Innovation, Science and Economic Development Canada.

12. Public Works and Government Services Canada is now called Public Services and Procurement Canada.

13. Environment Canada is now called Environment and Climate Change Canada.

The complete list of Cabinet is:Continue Reading Canada Has A New Government – What USA Lawyers Should Know

Originally published in the Journal of Commerce in May 2014.

The word cybersecurity causes shudders in the hearts of anyone in the etailing business, and one need to look no further than Target, Michaels, eBay and Neiman Marcus for the latest examples of significant consumer data theft. Unfortunately, cybersecurity and the thought of data being

Perhaps your computer system was hacked. Maybe you opened a container to find goods in it that did not belong to you (thank goodness they were not dangerous) or perhaps no goods but evidence people lived in the container while it was en route to the U.S., or you found sizable payments made to questionable

Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) on December 15, 2006 and investors and trade lawyers have been patiently waiting ever since for the Government of Canada to ratify the ICSID . We have been waiting and waiting.

In 2008, the Government of Canada