Lexpert Magazine

June 2017

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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56 LEXPERT MAGAZINE | JUNE 2017 | INTERNATIONAL TRADE | Member of Parliament Ed Fast, a for- mer minister of international trade in the Harper government, believes the notion of Canada as an "honest broker" among world powers does not imply that opportunities will come from the government somehow moderating relationships between other countries. "Rather, as a preeminent advo- cate of freer trade, we can create competi- tive advantages to lure businesses and in- vestment to Canada," he says. However that may be, the socio-histor- ical international perception about Cana- da's role in international relations, together with the current global view of our political and international positioning, cannot help but foster the "honest broker" perception in trade circles. Earlier this year, Canada's provincial premiers agreed on a Canadian Free Trade Agreement intended to nullify many of the myriad local rules that differentiate do- ing business in different provinces. While some commentators have pointed to the host of potential exemptions preserving many of these hurdles to intra-provincial trade and concluded that the new regime will be only marginally better than the old one, it's still a step forward. "e Canadian market probably feels more acceptable to international trade when we tie that socio-historical perspec- tive to what appears to be a sincere effort to liberalize internally," says Martha Harrison of Dentons Canada LLP. "It certainly bol- sters the view that Canada is a nation that is serious and transparent in how it man- ages domestic and international trade." e new investment hub created by the Ministry of Foreign Affairs to increase and encourage investment in Canada will also ever-shiing both in words and actions. An analysis of Canada's role on the inter- national trade scene in the era of President Trump has no choice but to ignore the mi- rages of his tenure to date: that he threat- ened to do away with the North Ameri- can Free Trade Agreement (NAFTA) and eviscerate it, then told Canada's Prime Minister there was really nothing to worry about because Canada was a good trade partner whose behaviour dictated only that NAFTA be "tweaked"; that President Trump's statements about China stand in dire contrast to the conciliatory welcome he extended to Xi Jinping on the Chinese president's visit to Washington earlier this year, culminating in Trump's declaration that China was not, in fact, a currency ma- nipulator and that a new round of bilateral trade negotiations was in the works. help. e $200-million project creates a concierge service for international investors to help them navigate what will remain of the web of rules and regulations that differ- entiate doing business in individual prov- inces. "e hub is designed to help foreign investors deal with barriers that may still exist," Harrison says. "It encourages inter- national investors to see us not only as an advocate for international free trade but as a country that's putting our money where our mouth is by liberalizing internally." Nonetheless, given the torrents emanat- ing from President Trump and his admin- istration, it's difficult to make assumptions or predictions about the impact of his re- gime. e best and perhaps the only way to do so at this early stage is to forget what he says and even does from one day to the next. President Trump has proven himself to be PHOTO: SHUTTERSTOCK MICHAEL WOODS > WOODS, LAFORTUNE LLP "[The Americans will] see that we're not standing still, that we have something else we can do other than make concessions to them. So if we're strategic and play our cards properly, we could even win in those negotiations."

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