Trade & Tax Law News

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 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.

Invitation to Thompson Reuters Inaugural Tax Round Table
You're invited to a complimentary event – Join us for breakfast at the inaugural tax round table by Thomson Reuters.

This event will take place on January 23, 2018 from 7:00 am to 10:00 am at the Bay Adelaide Centre, West Tower 333 Bay Street, 29th Floor. For more information and to register please click "read more".


LexSage is pleased to announce that we have received a favourable decision on behalf of our client Conares Metal Supply with respect to the importation of Carbon Steel Welded Pipe.
On December 8, 2017, the Canadian International Trade Tribunal ("CITT") released its decision in LE-2017-003. The CITT ordered that an expiry review of goods being exported from the UAE by Conares Metal Supply Ltd. is not warranted.

To read the CITT's complete Decision and Reasons, please click "read more".


Cyndee Todgham Cherniak was interviewed on the CBC program "On the Money"
On December 1, 2017, Ms. Todgham Cherniak appeared on CBC's "On the Money" to discuss Prime Minister Trudeau's trip to China and the expectation that it will lead to free trade talks. Ms. Todgham Cherniak was interviewed by Peter Armstrong and discussed what could be achieved during this meeting and what issues would need to be discussed during future trade talk negotiations with China.

Cyndee Todgham Cherniak has been quoted in the Globe and Mail
On November 3, 2017, Cyndee Todgham Cherniak was quoted in an article by Michelle Zillio in the Globe and Mail entitled "Canada sanctions 52 human-rights violators under new Magnitsky law". Ms. Todgham Cherniak discussed companies new obligations under the Magnitsky Act.

Cyndee Todgham Cherniak wrote an article which was published in the October 30, 2017 Law Times
On October 30, 2017, Ms. Todgham Cherniak's article titled "Know Your Rights at the Border" was published in the Law Times.

Cyndee Todgham Cherniak provided testimony before the House of Commons Standing Committee on Public Safety and National Security
On October 19, 2017, Ms. Todgham Cherniak appeared before the House of Commons Standing Committee on Public Safety and National Security. Ms. Todgham Cherniak provided testimony with respect to Bill C-21 which amends the Customs Act to implement the Beyond the Border initiative between Canada and the United States.

On September 27, 2017, Cyndee Todgham Cherniak appeared before the House of Commons ETHI Committee
Ms. Todgham Cherniak appeared before the House of Commons Access to Information, Privacy and Ethics Committee. We are pleased to provide a link to the transcript of Ms. Todgham Cherniak's testimony.

On September 27, 2017, Cyndee Todgham Cherniak appeared before the House of Commons ETHI Committee
Ms. Todgham Cherniak appeared before the House of Commons Access to Information, Privacy and Ethics Committee. We are pleased to provide a link to the recording of Ms. Todgham Cherniak's testimony.

Cyndee Todgham Cherniak has been quoted in an article by Colin Ellis for Canadian Accountant
Cyndee Todgham Cherniak has been quoted in an article by Colin Ellis for Canadian Accountant on October 3, 2017 entitled "Do we need NAFTA more than NAFTA needs us?" Ms. Todgham Cherniak discussed NAFTA negotiations around government procurement at the federal, provincial and municipal levels.

Cyndee Todgham Cherniak has been quoted in an article by Colin Ellis for Canadian Accountant
Cyndee Todgham Cherniak has been quoted in an article on October 3, 2017 by Colin Ellis for Canadian Accountant titled "Why CFOs should worry about rising U.S. protectionism". Ms. Todgham Cherniak discussed the recent countervailing duty imposed on Bambardier by the U.S. Department of Commerce.

Cyndee Todgham Cherniak has been quoted in an article by Cristin Schmitz in the Lawyer's Daily
Cyndee Todgham Cherniak has been quoted in an article by Cristin Schmitz in the Lawyer's Daily on September 28, 2017 entitled "CBA Asks Ottawa for Robust Protections for Solicitor-Client-Privilege at US Border". Ms. Todgham Cherniak discussed searches of cell phones, laptops and pda's.

Cyndee Todgham Cherniak has been quoted in an article by Jeff Buckstein for the Canadian Accountant
Cyndee Todgham Cherniak has been quoted in an article on September 28, 2017 by Jeff Buckstein for the Canadian Accountant titled "Canadian manufacturers nervous after 3rd round of NAFTA negotiations". Ms. Todgham Cherniak discussed the three basic options that lay ahead in the NAFTA negotiations.

Privacy of Canadians at Airports and Borders - CBA Submission to the House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI)
Cyndee Todgham Cherniak, as a member of the CBA Privacy at the Border Working Group, contributed to the preparation of a submission entitled "Privacy of Canadians at Airports and Borders". This submission was presented to the House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI) on September 27, 2017.

Cyndee Todgham Cherniak provided testimony before the House of Commons Standing Committee on Access to Information, Privacy and Ethics
On September 27, 2017, Ms. Todgham Cherniak spoke before the House of Commons Standing Committee on Access to Information, Privacy and Ethics. Ms. Todgham Cherniak provided testimony with respect to solicitor-client privilege at Canadian airports, Canadian ports of entry, and U.S. pre-clearance areas on Canadian soil.

Cyndee Todgham Cherniak has been quoted in an article published by Thompson Reuters
Cyndee Todgham Cherniak has been quoted in an article published by Thomson Reuters on September 22, 2017. The title of the article is "Canada Imposes Sanctions on Key Venezuelan Officials". Ms. Todgham Cherniak discusses the scope of the sanctions.

Cyndee Todgham Cherniak to appear before the House of Commons Standing Committee on Access to Information, Privacy and Ethics
On September 27, 2017, Cyndee Todgham Cherniak will be appearing before the House of Commons Standing Committee on Access to Information, Privacy and Ethics. Ms. Todgham Cherniak will be discussing privacy of Canadians at airports, borders and travelling in the United States.

Cyndee Todgham Cherniak has been quoted in an article by Ann Macaulay
Cyndee Todgham Cherniak has been quoted in an article written by Ann Macaulay in the CBA National Magazine on September 5, 2017. The title of the article is "Managing the Trump Effect". Ms. Todgham Cherniak discussed issues regarding NAFTA, and the NEXUS Program.

Cyndee Todgham Cherniak was interviewed on CBC's Power and Politics
Cyndee Todgham Cherniak appeared on CBC's Power and Politics hosted by Piya Chattopadhyay. Ms. Todgham Cherniak appeared with Brett House, Economist at Scotiabank to discuss NAFTA Round 2, Trump and Hurricane Harvey

Cyndee Todgham Cherniak has been quoted in an article by Ken Hanely
Cyndee Todgham Cherniak has been quoted in an article written by Ken Hanely for the Digital Journal entitled "Canada's NAFTA priorities exclude key proportionality clause"

Cyndee Todgham Cherniak has been quoted in article by Michelle Zilio
Cyndee Todgham Cherniak has been quoted in an article in the Globe and Mail entitled "Ottawa says it lacks law to sanction Venezuelan government officials" written by Michelle Zilio.

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