Trade & Tax Law News

Cyndee Todgham Cherniak is quoted in CTV News article entitled "U.S. allows lawsuits against foreign companies in Cuba, imperilling Canada"
Cyndee Todgham Cherniak is quoted in an article written by Mike Blanchfield on April 17, 2019 and posted by CTV News entitled "U.S. allows lawsuits against foreign companies in Cuba, imperilling Canada". Cyndee discusses President Trump's decision to allow Helms-Burton Title III claims to proceed. Cyndee urged the Canadian government to look at updating the law for the digital age, to allow Canadian companies to collect additional damages from eager American litigants who might bring unfounded claims. She said

"Your reputation can be damaged by online allegations of inappropriate expropriation of property," she said. "We want to discourage U.S. persons from pursuing claims against Canadians."


Cyndee Todgham Cherniak is quoted in this Financial Post article entitled "Domestic steelmakers angry as Ottawa waives tariffs on another $110-million worth of U.S. steel"
Cyndee Todgham Cherniak is quoted in a Financial Post article written by Naomi Powell on April 18, 2019 entitled "Domestic steelmakers angry as Ottawa waives tariffs on another $110-million worth of U.S. steel". Cyndee is quoted as saying the Canadian Government's plans to impose new countermeasures again U.S goods has been given a boost.

Cyndee Todgham Cherniak is quoted in a Mike Blanchfield article entitled "New U.S. trade report predicts modest economic gains from new NAFTA"
Cyndee Todgham Cherniak is quoted in an article written by Mike Blanchfield for the Canadian Press on April 18, 2019 entitled "New U.S. trade report predicts modest economic gains from new NAFTA". Cyndee discusses a 379 page USITC Report about the impacts of USMCA.

Cyndee Todgham Cherniak is quoted in CBC article entitled "What you should know if you are detained at the border".
Cyndee Todgham Cherniak is quoted in CBC article written by Angela Bosse on April 16, 2019 entitled "What you should know if you are detained at the border". Cyndee is quoted as saying that you can always ask to speak to a supervisor or lawyer, but Todgham-Cherniak cautions that could escalate the situation depending on the personality of the officer.

Cyndee Todgham Cherniak is quoted in CBC article entitled "An Indigenous artist takes a vacation alone - CBSA holds him, X-rays him for drugs"
Cyndee Todgham Cherniak is quoted in CBC article written by Maria Jose Burgos on April 15, 2019 entitled ""An Indigenous artist takes a vacation alone - CBSA holds him, X-rays him for drugs". Cynde is quoted as saying "The Customs Act allows the CBSA to detain persons. You don't have charter rights at the border saying you can't undergo a strip search, or you can't be detained for an X-ray search."

Cyndee Todgham Cherniak is quoted in CBC article entitled "Canada ends surtax on 5 kinds of foreign steel"
Cyndee Todgham Cherniak is quoted in a CBC article written by Janyce McGregor on April 6, 2019 entitled "Canada ends surtax on 5 kinds of foreign steel". Cyndee is quoted as saying "If the Canadian government were to ignore the CITT decision or report, then what does that do, on a going forward basis, for all of the anti-dumping cases? They'd undermine every decision that they've had in the past, and our ability to use it in the future, if they ignore a tribunal report for political reasons."

Cyndee Todgham Cherniak is quoted in CBA National article entitled "A fix to NAFTA's roster problem?"
Cyndee Todgham Cherniak is quoted in Doug Beazley's March 29, 2019 article publcished in the CBA National Magazine entitled ""A fix to NAFTA's roster problem?". Cyndee is quoted as saying USMCA “says nothing about what happens if the roster never gets established in the first place,...and given how few challenges there have been under this section, it’s not really a problem if there’s no roster … until it is a problem.”

Cyndee Todgham Cherniak is quoted in CBC article written by David Thurton entitled "Canada risks deep prestige damage from OECD review of SNC-Lavalin affair, experts say"
Cyndee Todgham Cherniak is quoted as saying "If countries believe Canada is not living up to its obligations, they will see whether or not their own investigation will find a sufficient nexus so that they can prosecute under the foreign law. And that would be worse."

Cyndee Todgham Cherniak is quoted in CBC article that is entitled "Canada quietly moves to resolve steel spat with Mexico"
Cyndee Todgham Cherniak is quoted in the February 14, 2019 article written by Janyce McGregor and posted on CBC online entitled "Canada quietly moves to resolve steel spat with Mexico". Cyndee is quoted as saying "We are in an age where the finding of injury in anti-dumping cases involving steel is quite common. ...Are [American] steel producers bringing cases because they know they can? Probably."

Cyndee Todgham Cherniak is quoted in CBC article entitled "International trade in 2018: making sense of a "tariffying" year"
Cyndee Todgham Cherniak is quoted in this December 28, 2018 article written by Janyce McGregor for CBC online entitled "International trade in 2018: making sense of a "tariffying" year". Cyndee is quoted as saying "she thinks businesses are only just beginning to wake up to the consequences of politicians escalating economic sanctions against countries like Iran and Saudi Arabia. The arrest of a Huawei executive in Vancouver, she said, may be only the beginning.

Canada's new Magnitsky Act — a law allowing Canada to go after the assets of foreign officials implicated in human rights violations — should get more attention, she added, particularly if it's applied to Saudi Arabia. "It will have a significant effect on companies carrying on business worldwide."


Cyndee Todgham Cherniak is quoted in Vice article entitled "How the U.S. government shutdown could impact Canadians"
Cyndee Todgham Cherniak is quoted in this January 8, 2010 Vice article written by Anne Gaviola entitled "How the U.S. government shutdown could impact Canadians". Cyndee discusses the impact of the U.S. government shutdown on Canadians.

Cyndee Todgham Cherniak is quoted in CBC article entitled "International trade is 2019: getting worse before it gets better"
Cyndee Todgham Cherniak is quoted in this January 1, 2019 CBC article written by Janyce McGregor entitled "International trade is 2019: getting worse before it gets better". Cyndee spoke about Canada's safeguard proceedings.

Cyndee Todgham Cherniak is quoted in this CBC article entitled "Canada's new steel tariffs will "kill businesses" in push to please U.S., lawyers warn"
Cyndee Todgham Cherniak is quoted in the October 20, 2018 article by Janyce McGregor entiled "Canada's new steel tariffs will "kill businesses" in push to please U.S., lawyers warn". Cyndee is quoted as saying "It's working well in the United States, with President Trump saying to unions and to workers, 'I got your back.' So are we doing the same thing because oh, we have an election in 2019?"

Cyndee Todgham Cherniak is quoted extensively in this The Lawyer's Daily article entitled "Challenges await with NAFTA 2.0, say lawyers"
Cyndee Todgham Cherniak is quoted extensively in this October 5, 2018 The Lawyer's Daily article written by Christopher Guly entitled "Challenges await with NAFTA 2.0, say lawyers". This article acknowledges that my paternal grandfather, Ron Todgham, was the first Canadian-born president of Chrysler Canada. He held that position during the Auto Pact negotiations.

Cyndee Todgham Cherniak is quoted in this CBA National Blog article entitled "Why the U.S. agreed to scrap NAFTA's Chapter 11"
Cyndee Todgham Cherniak is quoted in this CBA National Blog article written by Doug Beazly on October 5, 2018 entitled "Why the U.S. agreed to scrap NAFTA's Chapter 11". Cyndee says “I think that, in the end, this all came down to what President Trump wanted and what he cared about, ... he just wasn’t as wound up about getting rid of Chapter 19 as his negotiators were. He got what he wanted on autos and dairy and he didn’t really care about the sovereignty argument. He saw Chapter 19 as temporary leverage.”

Cyndee Todgham Cherniak is quoted in Vancouver Sun article entitled "Trudeau affirms China trade aspirations after USMCA's 'non-market' requirement"
Cyndee Todgham Cherniak is quoted in Mike Blanchfield's October 2, 2018 Vancouver Sun article entitled "Trudeau affirms China trade aspirations after USMCA's 'non-market' requirement". Cyndee says of the USMCA clause: "This impinges on Canadian sovereignty; the U.S. gets to tell us who we can enter into a free trade agreement with."

Cyndee Todgham Cherniak is quoted in the Washington Post article entitled "With new trade deal, Canada avoids a doomsday scenario. But is it a win?"
Cyndee Todgham Cherniak is quoted in Selina Ross' October 1, 2018 Washington Post article entitled "With new trade deal, Canada avoids a doomsday scenario. But is it a win?". Cyndee says:

“This is a situation where President Trump took away some of the concessions that were granted under the original NAFTA.”

“So it’s about U.S. farmers winning and Canadian farmers losing. U.S. pharmaceutical winning and Canadian pharmaceutical losing. U.S. steel companies winning, Canadian steel companies losing.”


Cyndee Todgham Cherniak is quoted in CBC article entitled "Trump's Canadian envoy Kelly Craft says U.S. respects Chrystia Freeland"
Cyndee Todgham Cherniak is quoted in this September 27, 2018 article written by Mike Blanchfield entitled"Trump's Canadian envoy Kelly Craft says U.S. respects Chrystia Freeland". Cyndee is quoted as saying Freeland "has made negative comments towards the U.S. administration, which (Trump) takes to be him. I think he's got a hate on for Canada right now".

Cyndee Todgham Cherniak is quoted in Globe & Mail article "U.S. procurement demand on Canada, Mexico fading from NAFTA: sources""
Cyndee Todgham Cherniak was quoted in Mike Blannchfield's Globe & Mail article on September 19, 2018 "U.S. procurement demand on Canada, Mexico fading from NAFTA: sources". Cyndee said governments will be likely more inclined to take Chapter 20 cases forward in the interest of large enterprises such as softwood lumber or metals companies.

“The problem with it being in Chapter 20 is you’ve got to convince your government to bring the case.”

“The government may not want to because it’s too small of an industry to spend the resources. This will create an injustice for small and medium-sized businesses, who quite frankly are the backbone of North American business.”


Cyndee Todgam Cherniak is quoted CBC article entitled "Canada has taken almost $300 million from retaliatory tariffs on U.S. imports"
Cyndee Todgham Cherniak is quoted in Kathleen Harris' September 11, 2018 article posted on CBC News entitled "Canada has taken almost $300 million from retaliatory tariffs of U.S. imports". Cyndee says tariffs will cost the consumers in both countries.

Cyndee Todgham Cherniak is quoted in Canadian Free Press article "Liberals won't compromise on culture, dispute resolution in NAFTA talks: Trudeau"
Cyndee Todgham Cherniak s quoted in Mike Blanchard's September 5, article entitled "Liberals won't compromise on culture, dispute resolution in NAFTA talks: Trudeau" posted online on September 5, 2018. Foreign companies seeking relief through the Federal Court of Appeal are often repeatedly coming up empty handed, said Todgham Cherniak.

Cyndee Todgham Cherniak Talks to Alex Pierson About the NAFTA Developments
Cyndee Todgham Cherniak regularly is invited to talk on "ON Point with Alex Pierson" about trade related matters. On September 5, 2018, Cyndee and Alex spoke about the unhelpful comments made by Prime Minister Trudeau on September 5, 2018 as Foreign Affairs Minister Freeland was meeting in Washington regarding sensitive NAFTA negotiations.

Cyndee Todgham Cherniak is quoted in National Post article "Trudeau says Canada won't sign NAFTA deal without a dispute settlement process, cultural protections"
Cyndee Todgham Cherniak is quoted in Mike Blanchfield's September 4, 2018 National Post article entitled "Trudeau says Canada won't sign NAFTA deal without a dispute settlement process, cultural protections". Cyndee says the U.S. has a need for NAFTA Chapter 19 and should do some research.

Cyndee Todgham Cherniak is quoted in Ken Hanly's Op-Ed in Digital Trade entitled "Trump's remarks threaten U.S.-Canada NAFTA negotiations"
Cyndee Todgham Cherniak is quoted in Ken Hanly's September 1, 2018 Op-Ed in Digital Trade entitled "Trump's remarks threaten U.S.-Canada NAFTA negotiations". Cyndee says the NAFTA energy chapter is unique for a trade agreement. There are only three free trade agreements in the world that have energy chapters, and the other two don't have NAFTA-like proportionality clauses.



Cyndee Todgham Cherniak Talks to Alex Pierson About the NAFTA Developments
Cyndee Todgham Cherniak regularly is invited to talk on "ON Point with Alex Pierson" about trade related matters. On September 5, 2018, Cyndee and Alex spoke about the unhelpful comments made by Prime Minister Trudeau on August 31, 2018 as Canada returned without a NAFTA deal.

Cyndee Todgham Cherniak Talks to Alex Pierson about Mexico reaching NADTA deal without Canada


Cyndee Todgham Cherniak is quoted in this CBC article entitled "Morneau ready to use 'emergency' measure to protect steel sector"
Cyndee Todgham Cherniak is quoted in Janyce McGregor's August 14, 2018 article on the CBC website entitled "Morneau ready to use 'emergency' measure to protect steel sector". Section 55 of the Customs Tariff has never been used before.

Cyndee Todgham Cherniak is quoted in this Law Times article entitled "Privacy of documents at the border under question"
Cyndee Todgham Cherniak is quoted in this August 6, 2018 article written by Meagan Gillmore entitled "Privacy of documents at the border under question". Cyndee says that there needs to be “a robust policy that is written, publicly available, transparent and accessible" relating to solicitor-client privilege at the border.

Cyndee Todgham Cherniak is quoted in this Coast Reporter article entitled "Canada faces 'collateral damage' in escalating US-China trade war"
Cyndee Todgham Cherniak is quoted in an article written by Mike Blanchfield of the Canadian Press and discusses the potential effects of the US-China trade war on Canadian companies who export to the United States.

Cyndee Todgham Cherniak is quoted in this CBC article entitled "U.S. launches tariff challenge at WTO against Canada, Mexico, Turkey, China & EU"
Cyndee Todgham Cherniak is quoted in this July 16, 2018 article written by Peter Evans for CBC News and talks about how the newly filed U.S. case against Canada's countermeasures may not see the end of the WTO dispute settlement process.

Cyndee Todgham Cherniak is quoted in this Vancouver Sun article entitled "Collateral Damage: Canada hit by escalating U.S.-China tariff wars"
Cyndee Todgham Cherniak is quoted in a July 16, 2018 article written by Mike Blanchfield of the Canadian Press and discusses the potential effects of the US-China trade war on Canadian companies who export to the United States.

Cyndee Todgham Cherniak is quoted in the Globe & Mail and provides comments about whether Canadians pay customs duties on U.S. made goods
Cyndee Todgham Cherniak is quoted in June 19, 2018 a Globe & Mail Article written by Steven Chase entitled "Canada's duties for shoppers to smuggle, Trump wrongly accuses"

Canada does not charge customs duties on U.S.-made shoes when a Canadian shopper goes to the United States for a day of shopping (less than 24 hours). Canada only charges sales tax at the border - just as Canadians have to buy sales tax when they buy shoes in Canada. If a Canadian buys non-U.S. shoes (e.g., shoes made in China), a Canadian pays customs duties and sales taxes at the border). So, Canada give a preference to U.S.-made products bought by Canadians in the United States.


Cyndee Todgham Cherniak is quoted in this Herald article and talks about supply management and what President Trump wants
Cyndee Todgham Cherniak is quoted in this June 15, 2018 article in the Herald entitled "U.S. pressure on supply management concerns local farmers". Cyndee says “My belief is Trump is all about managed trade... “He just wants a bigger piece of the pie so he can go back to Wisconsin and say ‘Look what I got you.’".

Cyndee Todgham Cherniak is quoted in this MacLeans article about Trump and Supply Management Trade War
On June 13, 2018, Cyndee Todgham Cherniak was quoted in "Donald Trump doesn't really want to kill supply management. Neither do American farmers." This article was written by John Geddes for MacLeans.

Cyndee Todgham Cherniak is quoted in CBA National Article "Canada's trade fight: The legal options are slim"
Cyndee Todgham Cherniak is quoted in Yves Faguy's article "Canada's trade fight: The legal options are slim" on June 1, 2018. Cyndee says "It makes no sense that [the 5 year sunset clause] is his critical piece ... He'll never use it even assuming he gets re-elected. He's two-years into his current term and in year seven, he'll be a lame-duck president. I just don't see why Trump is making the sunset clause his red line.

Cyndee Todgham Cherniak and Heather Innes quoted in CBA National "Can we do business? Making trade deals work for you?"
Cyndee Todgham Cherniak and Heather Innes spoke on a CCCA panel about how in-house counsel can take advantage of trade agreements and trade variables for the benefit of their companies. Some of the points raised are quoted and discussed in the CBA National (blog) article "Can we do business? Making trade deals work for you?" written by Kim Covert.

Cyndee Todgham Cherniak is quoted in Vice Canada article "How Canadian Customs Decides Which Porn is Too Hardcore"
Cyndee Todgham Cherniak is quoted in Justin Rohrlich's article entitled "How Canadian Customs Decides Which Porn is Too Hardcore". Who said that customs is not interesting? This article does contain too much information - Cyndee said “Sometimes you know it when you see it; other times, you don’t know what you’re watching”. A former CBSA Officer provides the colourful details...

Cyndee Todgham Cherniak appeared on Global News Radio On Point with Arlene Bynon
On May 2, 2018, Cyndee Todgham Cherniak was a guest on Global News Radio "On Point" with Arlene Bynon. She spoke about the Trump steel and aluminum tariffs, the Canadian temporary exemption and the NAFTA 2.0 negotiations.

Heather Innes' article "Know Your FTAs" is published in the Journal of the Law Society of Scotland (April 2018)
Heather Innes' article "Know Your FTAs" was published in the April 2018 Issue of the Journal o the Law Society of Scotland. Heather explains the value of using trade agreements to gain a competitive edge in the global marketplace.

Cyndee Todgham Cherniak and Heather Innes spoke at the 2018 Canadian Corporate Counsel Association National Conference in Toronto
On April 30, 2018, Cyndee Todgham Cherniak and Heather Innes spoke on a panel about managing trade risks and communicating information about trade variables to the Board of Directors. Cyndee and Heather provided useful information to in-house counsel about various free trade agreements, trade remedies and economic sanctions. Cyndee and Heather also discussed how advice about trade variables can help save money.

Cyndee Todgham Cherniak is quoted in Digital Journal about NAFTA's Energy Chapter
On April 26, 2018, Cyndee Todgham Cherniak was quoted in Ken Hanly's Op-Ed in Digital Journal entitled "Op-Ed: Top Officials pushing for a NAFTA Agreement soon". Cyndee discusses the uniqueness of NAFTA 1.0's energy chapter.

Cyndee Todgham Cherniak is quoted in the Globe & Mail giving advice on digital devices searches at the Canadian border
On April 25, 2018, Cyndee Todgham Cherniak was quoted in an article by Allan Lynch in the Globe and Mail entitled "Facing a digital strip search at the border? Here's how to keep things under wraps". Cyndee discusses what the Canada Border Services Agency is permitted to do under Canadian law. She also discusses what travelers can do to minimize the intrusion into their digital suitcase.

Cyndee Todgham Cherniak spoke at the ABA Section of International Law Annual Meeting in New York on the topic of "Blockchain and Trade Compliance"
On April 20, 2018, Cyndee Todgham Cherniak was a speaker on a panel "Blockchain: Disrupting the Economy of Trust in International Trade" at the American Bar Association, Section of International Law Annual Meeting. Cyndee spoke on the topic of "Blockchain and Trade Compliance". Cyndee discussed the importance of incorporating customs and trade compliance in Blockchain solutions for international trade.

Cyndee Todgham Cherniak to speak at World ECR Export Controls and Sanctions Forum in Washington DC June 4 & 5, 2018
Cyndee Todgham Cherniak will be speaking at the World ECR Export Controls and Sanctions Forum that will be held in Washington DC on June 4 & 5, 2018. Cyndee supports World ECR because it is one of the best forums to discuss export controls & economic sanctions. The speakers are top in the field and knowledgeable about the current issues (speakers include in-house compliance officers). If you would like to know more, please click on this link to the brochure- https://www.worldecr.com/wp-content/uploads/WorldECR-Forum-Programme-2018-WASHINGTON-DC-1.pdf

Cyndee Todgham Cherniak was quoted in this Globe & Mail article
On April 12, 2018, Cyndee Todgham Cherniak was quoted in this Globe & Mail article written by Guy Dixon. The article is entitled "When it comes to multisourced products like autos, what's on the NAFTA table?" Ms. Todgham Cherniak discussed the auto rules of origin in the NAFTA modernization and how she did not think this even possible two years ago.

Cyndee Todgham Cherniak Talks to Alex Pierson about the U.S. steel and aluminum tariffs
Cyndee Todgham Cherniak regularly is invited to talk on "ON Point with Alex Pierson" about trade related matters. On March 8, 2018, Cyndee and Alex spoke about Canada's exemption from U.S. steel and aluminum tariffs.

Cyndee Todgham Cherniak has been appointed to the NAFTA Chapter 19 Roster
LexSage Professional Corporation is pleased to announce that Cyndee Todgham Cherniak has been appointed to the NAFTA Chapter 19 (Trade Remedies) Roster for a term of ten years commencing on 6 February 2018, at pleasure. In Canadian law, the roster is found in the Members of Panels (NAFTA) Regulations made under the Special Import Measures Act.

Cyndee Todgham Cherniak was interviewed on AM640 News
On February 7, 2018, Ms. Todgham Cherniak was interviewed by Alex Pierson, on the AM640 program called "On Point". Ms. Todgham Cherniak discussed the issues surrounding the provincial government's proposed bill regarding "Buy America".

Cyndee Todgham Cherniak has been quoted in the Financial Post
On February 7, 2018 Ms. Todgham Cherniak was quoted in an article in the Financial Post written by Mike Blanchfield. The article was titled "Buy America has 'consequences' including proposed Ontario Law. Ms. Todgham Cherniak discussed whether Ontario should move forward with the proposed Act or pursue the issue at the WTO.

Cyndee Todgham Cherniak speaks on the Rick Gibbons show on 1310 News
Ms. Cyndee Todgham Cherniak spoke with Rick Gibbons of 1310 News. Ms. Todgham Cherniak discussed the US Government shutdown and how it affects Canadians. The next date to worry about is February 8, 2018. Ms. Todgham Cherniak suggests that Canadians should be proactive to avoid any delays that could result from a further government shutdown. To listen to the interview please click the link. Ms. Todgham Cherniak appears on the program at the 9:08 time mark in hour one of the January 22, 2018 recording.

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