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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LEXPERT MAGAZINE | JUNE 2017 57 | INTERNATIONAL TRADE | Similarly, the analysis must discount the false comfort some have taken from Trump's focus on Mexico only to discover in his relatively recent remarks to Wiscon- sin farmers that he has Canada's dairy sup- then, and the likelihood that some form of free trade agreement will remain in place between Canada and the United States, Canada will likely remain a viable and at- tractive springboard for companies seek- ing to access our southern neighbour's enormous markets. "Foreign businesses have long used Canada as a beachhead for entering the US market," says Woods, who spent two decades in government as a trade commissioner and negotiator. "at role has never been more important as Euro- pean and Asian businesses try to find a way into that market that doesn't rely on broad multinational agreements." On this analysis, CETA, of course, is huge. "e EU is the largest single market in the world and the single most impor- tant market aer the US, and Canada is the only country in the world to have such an agreement as deep, complex and broad as CETA with the EU," says Cliff Sosnow in the Toronto office of Fasken Martineau Dumoulin LLP. "Japan and Australia are also trying to negotiate something with the EU, but they're playing catch-up, so right now Canada does have a leg up on the rest of the world." But there's a problem: Canada has not been taking full advantage of its trade agreements. "One of the things we've missed out on is being strategic," Woods said. "Canada's tendency has been to get into a bit of a rut by negotiating agreements and then stopping right there." What Canada needs to do, Woods main- tains, is to ensure that government works with the private sector to highlight the advantages a particular trade agreement brings to specific sectors and regions. "We've been heavily influenced by the American laissez-faire approach, so the idea of government and the private sector working to- gether to develop trade goes against the grain of the last 20 years of Canadian politi- cal history. "We need to compete," says Woods, "to have bums in seats, airplanes going over, and people actively seeking markets and investors in- stead of just assuming that a trade agree- ment automatically means we'll be wel- comed with open arms." ply management system, sowood lumber industry and energy sector in his sights, and that his support for "Buy America" does not appear to have wavered. It should also discount the indications that the na- tionalists who surrounded Trump at the outset — particularly Stephen Bannon, recently demoted from his post on the Na- tional Security Council — appear to have lost some of their influence, at least for the time being. There are four pillars intertwined in any construct devised to assess the oppor- tunities that the Trump era opens up for Canada on the international trade front. ese are NAFTA; the Comprehensive Economic and Trade Agreement (CETA) with the European Union, ratified by the House of Commons in February and cur- rently before the Senate; the aermath of the Trans-Pacific Partnership; and Cana- da's relationship with China. NAFTA is relevant to the discussion not only because of the potential changes to the agreement, but because a free trade agree- ment with the US will almost certainly continue to exist in some form. "We have to put all this in context, and remember that this isn't the first time that presidents or presidential candidates have threatened to pull out of NAFTA," says Brenda Swick of Dickinson Wright LLP in Toronto. "ere were heated debates between Clinton and Obama about disowning the agreement unless changes were made, and George W. Bush did the same thing." Given President Trump's consistent stance against multilateral agreements, BRENDA SWICK > DICKINSON WRIGHT LLP "We have to put all this in context, and remember that this isn't the first time that presidents or presidential candidates have threatened to pull out of NAFTA. There were heated debates between Clinton and Obama about disowning the agreement unless changes were made, and George W. Bush did the same thing."

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