Posted by Michael Woods on Jul 24, 2017

Michael Woods was recognized by his colleagues at the Inter-Tribal Trade Investment Organization (IITIO) for his contribution to the organization’s submission to Global Affairs Canada with respect to the upcoming negotiations with the United States and Mexico on the modernization of the North American Free Trade Agreement (NAFTA). The submission  draws on recent decisions by the Supreme Court of Canada and  important developments in international law including the  adoption of United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 and the more recent reaffirmation of Indigenous rights by the adoption of the American Declaration on the Rights of Indigenous Peoples (ADRIP) in 2016.  In the submission IITIO, points to these recent developments and the Government of Canada own statements leads to the need to for the participation of Indigenous peoples in the negotiation of international agreements that impact their rights. IITIO submits that this is consistent with international law as well as in line with current international and Canadian domestic policy for Indigenous rights.  See the submission endorsed by IITIO executive at this link  as well as a letter in support filed by the Shuswap National Tribal Council.  ...

Posted by Michael Woods on Jun 23, 2017

Michael Woods was quoted at length in the June 2017 edition of Lexpert Magazine, a leading Canadian business law publication.  In the article, A Siren Call among Shrill Notes by  Julius Melnitzer, Michael is one of the leading members of Canada’s international trade bar asked to comment on the implications for Canada of the current U.S. Administration’s protectionist moves on trade. He takes a positive view that that “ … the demand for international business expansion remains alive and well … [Canada] is a G7 country that looks like the global leader in promoting trade liberalization.” The article addresses both NAFTA and Canada’s growing options with respect to Europe and the CETA and Asia on continuing negotiations with TPP partners as well as China. Michael encourages continuing and deepening strategic partnership between Canada’s businesses and government in building the strongest partnership possible – one that will keep Canada “punching above our weight” in terms of global...

Posted by Michael Woods on Jun 22, 2017

Michael Woods participated in the third Inter-Tribal Trade Investment Organization (IITIO) Conference on June 4-6 hosted by the Faculty of Law of the University of Oklahoma in Norman. The conference itself was proceeded by a visit to the Choctaw Nation and Citizen Potawatomi Nation and trade discussions these two Nations as well as the Chickasaw Nation.  Michael chaired two panels at the conference – one on “Optimizing Conditions for Tribal Trade” featuring Miles Richardson O.C. former President of the Council of Haida Nation and Robert Fox, former Chief of the Blood Tribe and current President and CEO of Indian Resource Council of Canada.  He also chaired a panel on Trade Agreements and Trading Frameworks in International Trade Law and Inter-Tribal Trade”  and led a discussion on the implications of the upcoming NAFTA modernization negotiations. The conference was followed by the Supreme Court of Oklahoma’s 30th Annual Sovereignty Symposium and Michael took an active part in discussion on economic development for Canada’s First Nations and the American Native communities through  greater and broader economic co-operation. [ For further details see http://iitio.org/agenda/...

Posted by Gordon LaFortune on Jun 2, 2017

Many are asking what the Trump Administration’s “America First” position on international trade will mean for Canada, how it will affect NAFTA (the world’s largest bilateral trade relationship) and how they can respond. The United States has indicated that it wants to renegotiate the NAFTA. In May 18, 2017 letters, the U.S. Trade Representative (“USTR”) notified Congress that the Administration intends to use renegotiation to modernize the NAFTA.   USTR noted “NAFTA was negotiated 25 years ago, and while our economy and businesses have changed considerably over that period, NAFTA has not.” To this end, USTR is seeking to include new provisions on intellectual property, regulatory practices, state-owned enterprises, services, customs procedures, sanitary and phytosanitary measures, labour, environment and small and medium sized enterprises. The U.S. should have its negotiating objectives in place by August 16, 2017, the potential start date for the renegotiation and will likely take particular aim at the Canadian and Mexican measure identified as trade barriers in the annual USTR National Trade Estimates Report. For its part, Canada has indicated a willingness to modernize NAFTA and has been taking steps to prepare for the negotiations for some time. Canada will come to the table with its own objectives. Mexican officials have been openly calling for a NAFTA update for some time and should also be ready. Trade negotiations are complex undertakings that are intended to liberalize trade between the parties to the benefit of all Parties. This has been the case with NAFTA. Despite all the NAFTA Parties having protected particular interests and industries, the Agreement has provided greater benefit overall. If the renegotiations succeed, the NAFTA should increase the overall benefit. However, NAFTA renegotiation can raise the spectre of lost markets and lost business for individual businesses and sectors. This is because while NAFTA renegotiation will likely result in new opportunities, trade negotiations are complex and have many moving parts. The Parties may engage in “give and take” that will inevitably result in winners and losers; particularly if the Parties are not aware of the full extent of trade interests that are affected. How should businesses engaged in NAFTA trade or who want to participate...

Posted by Jean-Marc Clement on Feb 7, 2017

It is fair to say that Canada’s food safety programs strive to keep pace with the global food environment, with a view to protect the health of Canadians. For years the federal government has been working on improving standards in food safety while keeping an eye on harmonizing the Canadian system as much as possible with those of its key trading partners. Well, the long-awaited modernization of Canada’s food regulatory landscape is finally coming to a close: indeed the Canadian Food Inspection Agency (CFIA) – one of many Canadian food regulators – published proposed new regulations in the Canada Gazette Part I publication issued January 21, 2016. You may access this publication by following this link: The CFIA notice begins at page 258 by providing a very instructive backgrounder on this colossal food modernization undertaking. Then from page 338 to 540 the proposed text of the new regulations is reproduced in its entirety; it is aptly called Safe Food for Canadians Regulations. The proposed regulations aim to combine various disparate food requirements found in numerous regulations under a common regulatory umbrella. It deals with food standards of course, but also with food packaging, labeling, registrations, licensing, inspections, to name but a few. One noteworthy provision deals with the mandatory requirement to possess a fixed place of business in Canada in order to import food. Failing that, non-resident importers can only bring food from a foreign state that has a food safety system equivalent to Canada, or make the appropriate arrangements with a Canadian-based importer. Minor exceptions apply in specific circumstances. It is worth noting that the new regulations are at the proposal stage at the moment. CFIA invites views from stakeholders to be communicated to them in the next 90-days, or until April 21, 2017 to be precise. Food is one of the most complex commercial sectors to manage when ensuring compliance with import and export trade requirements. Hard to imagine but food is perhaps more heavily regulated than, say, arms and munitions. Health and safety of consumers is of course at the top of the regulators’ mind, with trade facilitation a distant second. Those involved in food trade...

Posted by Michael Woods on Feb 7, 2017

Jean-Marc Clément and Michael Woods both spoke at the  American Conference Institute (ACI)  6th Forum on U.S. Export & Re-Export Compliance for Canadian Operations which was presented in Toronto January 30 to February 1, 2017. Jean-Marc partnered with Pascal Girard, the Director of the Government of Canada’s  Controlled Goods Directorate, offering a workshop on obligations under recently revised Controlled Goods Program (CGP).  Later during the conference Michael teamed up with Selina Hui-Garreaud, Director, Export Controls, Bombardier, and Bruce Latimer, President and General Counsel, L-3 Communications Electronic Systems. Their panel addressed practical steps in compliance with the CGP’s Enhanced Security Strategy. If you have export compliance issues or questions about Canada’s Export Controls regulations, the Controlled Goods Program, and/or Canada’s economic sanctions regime, please contact us at Woods, LaFortune...