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Brenda Swick Looks at US Legal Efforts to Curb Trump’s Tariff Powers in the Globe and Mail

05/12/2025

Brenda Swick has been quoted in the article “How Canada Could Bolster US Legal Efforts to Curb Trump’s Tariff Powers,” published by The Globe and Mail.

Writes Nathan Vanderklippe: “Canada could strengthen legal efforts in the United States to curb Donald Trump’s tariff powers, if governments and businesses are willing to tell courts how badly they have been harmed by the President’s actions, American lawyers say. At least five different U.S. court cases argue that Mr. Trump is acting contrary to law in using emergency economic legislation to impose border levies. If they succeed, those cases could overturn some current tariffs and bar the U.S. President from using one of his favoured tools to summarily impose new trade measures. For Canada, however, the value of any contribution to those cases must be weighed against the possibility of provoking a reaction from the White House.”

Indeed, any Canadian right to battle the Trump administration in court must be considered against the possibility of blowback from the President, said Brenda Swick, an international trade specialist with Cassels Brock & Blackwell LLP. Still, she said, “litigation by Canada can be a leverage in any negotiations with the U.S. to resolve the issue.”

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