Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

My Predictions for 2011

You do not need be a psychic to make predictions. I have been watching the trends in the new trade laws and cases. The trends are:

A. Accountability - Following the law is not a suggestion - individuals and partnerships will be held accountable if they break the law

B. Best Practices

C. Corporate Social/Legal Responsibility - corporations will be held to account

D. Disputes

E. Export Controls & Economic Sanctions on the world stage if countries do not play nice

Here are my 2011 predictions:

1. The Royal Canadian Mounted Police will announce more than one prosecution under the Corruption of Foreign Public Officials Act relating to alleged bribes of foreign public officials;

2. The Canada Border Services Agency (CBSA) will announce a number of enforcement actions pursuant to the Export and Import Permits Act and the Special Economic Measures Act;

3. The Government of Canada will amend the Defence Production Act and Controlled Goods Regulations to implement the Enhanced Security Strategy of the Controlled Goods Directorate;

4. The CBSA will promote changes to the Customs Act relating to the definition of "sale" for customs duty purposes;

5. The Government of Canada will re-table in the House of Commons legislation to regulate food safety;

6. Many countries will implement new food safety regulations and there will be WTO challenges;

7. Canada and the EU will no be able to finalize the Canada-EU CETA before the end 2011;

8. Canada and China will sign a Foreign Investment Promotion an Protection Agreement before the end of 2011 likely in Q4);

9. The Canada-India CEPA negotiations will get off to a slow start;

10. The DOHA Round will not conclude in 2011;

11. Canada will impose additional economic sanctions against North Korea and Iran.

12. Canada will find itself in another significant "Buy America" battle tat will lead to a request for consultations under chapter 20 of NAFTA.

13. Canadian companies will experience negative consequences as result of U.S. regulatory measures and will file a number of requests for consultation pursuant to Chapter 11 of NAFTA; and

14. Canada will commence free trade agreement negotiations with Japan (actually an Economic Partnership Agreement).

I will continue to add to my list throughout the year --- and will be held to account next year for my predictions.

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