Michael Woods and Wayne Garnons-Williams are pleased to announce that a strategic alliance has been concluded between Woods, LaFortune LLP and Garwill Law Professional Corporation to facilitate cooperation in providing advice and guidance to clients in the growing field of First Nations/International Trade, Business and Investment law. The firms are also jointly supporting the work of the International Inter-Tribal Trade and Investment Organization, a cross-border organization that focuses on the development of First Nations/International Trade Law and the re-invigoration of First Nations’ participation in international, interprovincial and inter-tribal trade. Michael Woods, Senior Partner at Woods, LaFortune LLP, stated “The Supreme Court of Canada has established that First Nations have the right to economically benefit from land under aboriginal title… Because of these decisions, First Nations have a significant role to play in trade relations, including regulation of investment on First Nations’ land, and have to be considered by government and investors alike.” The Supreme Court of Canada’s decision in Tsilhquot’in Nation v. B.C. has changed the landscape in Canada by making it clear that First Nations have economic rights over land subject to aboriginal title. These rights will affect business, trade and investors seeking to do business on First Nations’ land. To discuss the implications of the Tsilhquot’in decision and the impact it may have on your business or investment feel free to contact Michael Woods by phone at (613) 355-0382 or by e-mail at woods@wl-tradelaw.com or contact Wayne Garnons-Williams by phone at (613) 778-8685 or by e-mail at...
Read MoreISDS (Investor State Dispute Settlement) – Different Perspectives
A recent study by the Canadian Centre for Policy Alternatives (CCPA) has found that Canada has been the target of more claims under the North American Free Trade Agreement (NAFTA) investor-state dispute settlement (ISDS) mechanism than the U.S. or Mexico. [https://www.policyalternatives.ca/publications/reports/nafta-chapter-11-investor-state-disputes-january-1-2015]. The CCPA affirmed its abolitionary stance on ISDS by stating that “the pervasive threat of investor-state challenge under NAFTA Chapter 11 puts a chill on public interest regulation” and that “current trends will only worsen unless political and legal action is taken.” ISDS, also known as Chapter 11 under NAFTA provides foreign investors, including Canadians, the right to seek compensation for damages when host state governments violate NAFTA investment obligations including: protection in cases of expropriation, as well as National Treatment and Most Favoured Nation Treatment standards, among others. These provisions allow private investors from Canada, Mexico and the U.S., to launch an action for compensation directly against the host state where that state implements or enforces measures that damages the investor’s investment. NAFTA’s Chapter 11 provides investors with direct access to third-party adjudication before an impartial international tribunal. Relying on the national courts of the host country to enforce obligations under NAFTA is not always easy, impartial or even possible in all cases. Since regulations affecting individual investors would not normally be challenged by governments through state-to-state dispute settlement, the creation of ISDS as a stand-alone procedure appears to be a reasonable step for a sovereign state to take. There have only been 77 cases brought under NAFTA’s Chapter 11 since it came into force in 1994. That represents a rough average of 3.7 cases per year in its 20 year lifespan, in comparison to the several thousands of domestic commercial cases being launched in each respective signatory country on an annual basis. In total, there have been 35 claims against Canada, 22 against Mexico and 20 against the U.S. It is important to note that out of the 35 cases noted against Canada, 15 of them were withdrawn. This means that there were only 20 “real” cases brought against Canada, which represents an average of one case per year. Interestingly, out of the 77 overall claims...
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FIPA and What It Means for Canada-China Business
Catherine Walsh and Michael Woods of Woods, LaFortune LLP, have been invited to speak as part of a Canada-China Business Council (CCBC) Round-Table to be held on Friday February 6th, 2015 from 12:00 to 2:00 PM, at the Rideau Club in Ottawa. The topic for discussion will be the recently implemented Canada-China Foreign Investment Protection and Promotion Agreement (CC-FIPA). Catherine Walsh has been published and presented on this topic on several occasions and Michael Wood has extensive experience with investment treaties and Investor State Dispute Settlement in general. The distinguished panel will offer objective insights on the contents of the CC-FIPA and will consider how its provisions operate to protect investors, as well as different ways for investors to factor these protections into their businesses planning. The importance of the agreement in the context of the Canada-China bilateral relationship will also be addressed. For more details please see:...
Read More#CanadaBizGoGlobal Seminar on Doing Business in Turkey
#CanadaBizGoGlobal Seminar on Doing Business in Turkey at the Ontario Investment and Trade Centre on Friday, March 20, 2015 in Toronto, Canada. The Allam Advisory Group (AAG) and Woods, LaFortune LLP, in partnership with the Canadian-Turkish Business Council are hosting a seminar designed for business executives whose companies are considering export trade and investment in Turkey or setting up operations in Turkey to support exports and investments from Canada or third markets. Former Canadian trade diplomats, international trade lawyers, senior Turkish government officials, as well as corporate and association executives, will share insights and perspectives to help companies minimize risks, while maximizing rewards. Following the event, there will be pre-arranged B2B meetings with Senior International Business Development Executives and International Trade Lawyers, from 2:00pm to 4:00pm. For more information please hyperlink: http://canadabizgoglobal-seminar-series.evolero.com/doing-business-in-turkey...
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