Trade & Tax Law News

Cyndee Todgham Cherniak is quoted in Nate Tabak's article entitled "Firm helps U.S. companies bypass China tariffs via Canada"
Cyndee Todgham Cherniak is quoted in the August 7, 2019 article in Freight Waves written by Nate Tabak that is entitled ""Firm helps U.S. companies bypass China tariffs via Canada". Cyndee is quoted as saying that shipments valued at less than $800 sold to consumers are legal and where you have a problem is if someone brings 500 pairs of Chinese sunglasses into Canada, and then puts a ‘Made in Canada’ label on them.”

Cyndee Todgham Cherniak is quoted in this CBC Online article entitled "U.S. House breaks with no new NAFTA tabled for ratification. Now What?"
Cyndee Todgham Cherniak is quoted in Mike Blanchfield's July 29, 2019 article entitled "U.S. House breaks with no new NAFTA tabled for ratification. Now What?". This article was published on CBC Online and other forum. Cyndee is quoted as saying that "the Democrats are likely to want substantive changes that could leave the deal in limbo for many months. In the meantime, the Democrats will be sharpening their talking points on USMCA to use against Trump in the 2020 U.S. election".

Cyndee Todgham Cherniak is quoted in this Law Times article written by Gabrielle Girody entitled "Federal bill may impact steel trade"
Cyndee Todgham Cherniak is quoted in this August 6, 2019 article in the Hill Times written by Gabrielle Girody entitled "Federal Bill may impact steel trade". Cyndee is quoted as saying “If the goal is to protect the Canadian industry and artificially create a demand for steel in Canada, then we’re probably going to reach that short-term goal, but in the long term, the safeguards can only be in place for three years,” and “There’s a limited period of time that the safeguards can be in place. So, what’s going to happen down the road? We’re pushing the problem down the road.”

Cyndee Todgham Cherniak appeared on "On Point with Alex Pierson" to discuss President Trump's announcement about allowing US compa nies to purchase medicines from Canada
On August 1, 2019, Cyndee Todgham Cherniak appeared on On Point with Alex Pierson". She discussed the US/Canada trade issues related to Canadian medicaions being less expensive.

Cyndee Todgham Cherniak appeared on "Ottawa today with Mark Sutcliff" to discuss USMCA"


Cyndee Todgham Cherniak appeared on Global News Radio's McArthur Program and discussed Buy America and Canada being caught in the US-China trade war
Cyndee Todgham Cherniak appeared on Global News Radio's McArthur Program and discussed Buy America and Canada being caught in the US-China trade war. We have the link.

Cyndee Todgham Cherniak is quoted in Steven Chase's Globe & Mail Article entitled "Quebec lobbying firm may have broken Sudan sanctions with deal ‘striving’ to supply equipment for military"
Cyndee Todgham Cherniak is quoted in Steven Chase's June 28, 2019 Globe & Mail Article entitled "Quebec lobbying firm may have broken Sudan sanctions with deal ‘striving’ to supply equipment for military". Steven Chase writes:

"Toronto trade lawyer Cyndee Todgham Cherniak said that depending on what exactly is being sold to persons in Sudan, Dickens & Madson could be acting contrary to prohibitions in the UN sanctions if they supply arms or technical assistance. There are exceptions though for non-lethal military gear intended for protective use, such as bulletproof vests."

After this article appeared, Canada announced it would investigation Dickens & Madson.


Cyndee Todgham Cherniak is quoted in Steven Chase's Globe & Mail Article entitled "Ottawa denied some military exports to China in 2018, citing foreign policy"
Cyndee Todgham Cherniak is quoted in Steven Chase's June 25, 2019 Globe & Mail Article entitled "Ottawa denied some military exports to China in 2018, citing foreign policy". Canada has blocked some exports of military goods to China. Cyndee explained that “Long and short of it is we don’t want these goods in the hands of the Chinese."

Cyndee Todgham Cherniak is quoted in a June 11, 2019 Le Journal du Montreal article entitled "Fouille électronique à la douanne"
Cyndee Todgham Cherniak is quoted in a June 11, 2019 article written by Louis-Philippe Messier entitled "Fouille électronique à la douanne". Cyndee Todgham Cherniak discusses examinations for electronic devices by the CBSA. If you do not want the CBSA to see embarrassing photos during an examination of your smart phone, don't keep embarrassing photos on your electronic device.

Cyndee Todgham Cherniak appeared on CTV Your Morning this morning to talk abotu NAFTA 2.0 and VP Pence's visit
To see Cyndee Todgham Cherniak's appearance on CTV Your Morning, please click the link.

Cyndee Todgham Cherniak is quoted in a The Lawyer's Daily aricle entitled "Lawyers should scrub privileged info before hitting border, states CBA toolkit"
Cyndee Todgham Cherniak is quoted in a May 29, 2019 article in The Lawyer's Daily" by Terry Davidson entitled "Lawyers should scrub privileged info before hitting border, states CBA toolkit". Cyndee says “I can tell you that most lawyers don’t do it,” ... What they are doing is travelling across the border with everything in their electronic devices, including client documents and all their personal data. When I travel, however, I have a … clean laptop. The only thing on my laptop are the documents I’m working on for that particular client. … If I cross the border and the customs officers want to look at my computer, I have a little file folder that says solicitor-client privilege containing the documents for specific client I’m going to visit. I put the information in there, so it is clearly marked solicitor-client privilege.”

On May 30, 2019 Cyndee Todgham Cherniak is a speaker participating in a Strafford Webinar entitled "Canadian VAT Issues for U.S. Sellers: Goods & Services Tax and Harmonized Sales Tax Requirements"
On May 30, 2019, Cyndee Todgham Cherniak is speaking on a Strafford Webinars panel with Brian Litvin about "Canadian VAT Issues for U.S. Sellers: Goods & Services Tax and Harmonized Sales Tax Requirements". This presentation will assist US sellers understand the basics about the Canadian GST/HST and other sales tax rules. Many U.S.-based businesses sell to Canadians and run into difficulty with Canadian sales taxes.

Cyndee Todgham Cherniak is speaking at "Strong Moms and Empowered Women"
Cyndee Todgham Cherniak is speaking at "Strong Moms and Empowered Women" at the Ontario Legislature. Cyndee is speaking about "Slaying the Dragon in the Legal Profession". Cyndee will also receive a Women Empowerment Award".

Cyndee Todgham Cherniak was on the John Oakley Show on May 17, 2019 speaking with Alex Pierson about the Canada-US Agreement to end tariffs on steel and aluminum.
Cyndee Todgham Cherniak was on the John Oakley Show on May 17, 2019 speaking with Alex Pierson about the Canada-US Agreement to end tariffs on steel and aluminum. Cyndee said that this is good news for the Canadian steel industry and suppliers to steel companies, such as scrap sellers.

Cyndee Todgham Cherniak is quoted in this Law Times article written by Gabrielle Girody entitled "CBA launches online resource for lawyers crossing international borders"
Cyndee Todgham Cherniak is quoted in Gabrielle Girody's May 15, 2019 article entitled "CBA launches online resource for lawyers crossing international borders". Cyndee has been involved in CBA initiatives since the 2013 Resolution to obtain clarity on rights of lawyers at the Canadian border to protect electronic records and claim solicitor-client privilege.

Cyndee Todgham Cherniak is quoted in May 15, 2019 Law Times Article entitled "CBA launches online resource for lawyers crossing international borders"
Cyndee Todgham Cherniak is quoted in a May 15, 2019 Law Times Article by Gabrielle Giroday entitled "CBA launches online resource for lawyers crossing international borders". Cyndee is quoted as saying “There are lawyers who are being stopped by the Canada Border Services Agency and U.S. Customs and they’re being asked to provide passwords so that the customs officials can review documents on their laptop, ... Lawyers’ have an obligation to protect existing clients’ information and former clients’ information, and lawyers aren’t allowed under the Rules of Professional Conduct to allow the Canada Border Services Agency or other customs officials to look at the documents belonging to their clients.”

Cyndee Todgham Cherniak is quoted in this CBA National article entitled "How Canada can defend against Helms-Burton"
Cyndee Todgham Cherniak is quoted in Justin Lang's April 30, 2019 article in the CBA National Magazine entitled "How Canada can defend against Helms-Burton". Cyndee is quoted as saying “I think that, with Trump, any form of economic warfare that he can engage in — to disadvantage corporations in a foreign jurisdiction — he will find a way to do it.”

Cyndee Todgham Cherniak is quoted in Design Engineering in an article entitled "New U.S. trade report predicts modest economic gains from new NAFTA"
On April 24, 2019, Cyndee Todgham Cherniak was quoted in Design Engineering in an article entitled "New U.S. trade report predicts modest economic gains from new NAFTA". Cyndee says That’s it? All this time and all this headache, and the disruption to the North American supply chain and to the companies for the sake of 176,000 jobs?”

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.


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