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

Tag Archives: judicial review

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

Why The U.S. Should Want To Keep NAFTA Chapter 19: Canada’s FCA Significantly Limits Judicial Review in Trade Remedies Cases

Posted in Antidumping, Legal Developments, NAFTA Renegotiations, Trade Remedies

On August 29, 2017, Canada’s Federal Court of Appeal (the second highest court in Canada) issued two decisions dismissing two judicial reviews (one filed by a Korean exporter and the other filed by a Canadian producer) of Canada Border Services Agency (“CBSA”) antidumping calculations on grounds of a lack of jurisdiction.  These cases and the… Continue Reading

Three Notices of Application For Judicial Review Filed Against CITT FISC Decision

Posted in Antidumping, Trade Remedies

On May 25, 2017, the Canadian International Trade Tribunal (“CITT”) made an AD Order in respect of fabricated industrial steel components (“FISC”) originating in or exported from China, South Korea and Spain and made a CVD Order in respect of FISC originating in or exported from China.  On June 9, 2017, the CITT issued its… Continue Reading

Canada’s Minister of Foreign Affairs Has Broad Export Controls Discretion Says Federal Court

Posted in Export Controls & Economic Sanctions, Legal Developments

On January 24, 2017, the Federal Court of Canada issued its judicial review decision in Daniel Turp v. The Minister of Foreign Affairs, T-462-16.  The Federal Court dismissed an application for judicial review of the decision of the Minister of Foreign Affairs to approve an export permit in respect of the export of General Dynamics… Continue Reading

Do Not Enter! Canada Is Rejecting Potential Immigrants Who Have Broken Foreign Export Controls Laws

Posted in Border Security, Export Controls & Economic Sanctions, Exports, Immigration law

On August 30, 2016, the Federal Court of Canada issued its judicial review decision in Mahmood Sajid v. The Minister of Citizenship and Immigration, 2016 FC 981.  The Federal Court dismissed a judicial review application filed by Mr. Sajid to review a decision by Canada’s Refugee Protection Division (RPD) to vacate Mr. Sajid’s refugee protection. … Continue Reading

Canada’s Economic Sanctions And Admissibility Into Canada: Employees Of Designated Companies May Not Get Into Canada

Posted in Border Security, Export Controls & Economic Sanctions, Immigration law

An employee of a designated entity under Canada’s economic sanctions laws may be determined to be inadmissible into Canada and denied entry due to concerns that their employer is subject to sanctions.  In addition, an employee of an entity that is covered by economic sanctions of another country or countries (e.g., the United States, the… Continue Reading

IREP Disputes Must Be Handled With Care

Posted in Agriculture

From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs… Continue Reading

IREP Disputes Must Be Handled With Care

Posted in Agriculture, Imports Restrictions

From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs… Continue Reading