LexSage

About Jon

 JON RAGNAR JOHNSON HON B.A., LL.B., LL.M.

PROFILE
Extensive experience in the practice of international trade law.  Participated as a legal advisor in Canada’s Trade Negotiation Office respecting the automotive provisions of the Canada-U.S. Free Trade Agreement (“CUFTA”) and advised Canada’s Office of the Trilateral Trade Negotiations during the negotiation of the North American Free Trade Agreement (“NAFTA”) respecting Rules of Origin and other issues, particularly as related to the automotive sector.  Advised the Canadian Government respecting the negotiation with the United States and Mexico of the Uniform Regulations that implemented the NAFTA Rules of Origin.  Has advised industry associations and other clients, both in the public and private sectors, on matters involving international trade arising under both NAFTA and the Agreement Establishing the World Trade Organization (“WTO Agreement”).  Advised the Federal Government in respect of actions brought by U.S. investors under Chapter Eleven of the North American Free Trade Agreement, including in particular the claims brought by Ethyl Corporation, Pope & Talbot, UPS, Crompton (now Chemtura), Mobil, Gottlieb and Merrill & Ring.  Has advised industry stakeholders in respect of WTO challenges brought against Canada regarding automotive duty remission programs, patent protection for pharmaceuticals and the term of protection under Canadian patent legislation, and in respect of the various WTO challenges brought by Canada against the United States in respect of the softwood lumber dispute.  Involved in Canada’s softwood lumber from 2001 to 2006.  Has advised clients respecting antidumping and countervailing duty actions brought under the Canadian Special Import Measures Act (including in particular reinforcing bar, garlic, fasteners and laminate flooring) as well as respecting customs matters, import and export controls and other border measures. 
Extensive experience in acting as an agent of the Federal Government including the international trade matters described above, as well as in privatization matters and establishment contracts for major helicopter and automobile assembly facilities.
Has taught extensively in the field of international trade law, including giving two LL.M courses, as well as numerous seminars, lectures and panel presentations.  Has testified on a number of occasions before both the House of Commons Subcommittee on Foreign Affairs and International Trade and the Senate Committee.  Numerous publications including definitive text on NAFTA.
Recipient of the Award of Excellence in International Law from the International Section of the Ontario bar Association, October 20, 2009
EDUCATION
1980  LL.M. Osgoode Hall, York University
1968  LL.B. University of Toronto Law School
1965  Hon B.A. Political Science and Economics, University of Toronto
1961  Senior matriculation from University of Toronto Schools
PROFESSIONAL QUALIFICATIONS
Admitted to the Bar of the Province of Ontario in 1970.
WORKING EXPERIENCE
2007  Sole Practitioner
1982 – 2006 Partner, Goodmans LLP
1980 – 1982 Partner, Rosenfeld Malcolmson Lampkin Levine & Johnson
1974 – 1980 Partner, Johnson Baker Blakely Freeman
1970 – 1973 Associate, Tory Tory Deslauriers & Binnington
1968 – 1969 Articling Student, Tory Tory Deslauriers & Binnington
EXPERIENCE ACTING AS AGENT FOR THE FEDERAL GOVERNMENT
1982 – 1983 Acted for the Department of Regional Industrial Expansion and assisted in the negotiation of the Bell Establishment Contract with Bell Helicopter in establishing the helicopter assembly facility in Mirabel, Québec.
1983 – 1984 Acted for the Department of Regional Industrial Expansion and assisted in the negotiation of the MBB Establishment Contract with MBB in establishing the helicopter assembly facility in Fort Erie, Ontario.
1984 – 1985 Acted for the Department of Regional Industrial Expansion and assisted in the negotiation of the AMC Establishment Contract with American Motors Corporation in establishing the automobile assembly plant in Bramalea, Ontario.
1985 – 1986 Acted for the Federal Government in connection with the privatization of each of deHavilland and Canadair.
1987 Participated as a legal advisor in Canada’s Trade Negotiation Office respecting finalizing the definitive text of the automotive provisions of the CUFTA.
1991 Acted as an advisor to the Department of External Affairs in connection with In the Matter of Article 304 and the Definition of Direct Cost of Processing or Direct Cost of Assembling, a complaint brought by Canada against the United States under CUFTA Chapter Eighteen, in which Canada prevailed.
1992 – 1993 Worked closely with trade officials at Canada’s Office of the Trilateral Trade Negotiations (“OTTN”) during the negotiation of NAFTA respecting Rules of Origin and other issues, particularly as related to the automotive sector.
1992 – 1993 Worked closely with OTTN trade officials respecting the negotiation with the United States and Mexico of the Uniform Regulations that implemented the NAFTA Rules of Origin. 
1997 – 1998 Worked closely with legal division (“JLT”) of the Department of Foreign Affairs and International Trade in preparing pleadings and providing advice in Ethyl Corporation v. Canada.
1999 – 2001 Worked closely with JLT in preparing pleadings and providing advice and attending a hearing and assisting in preparation by JLT counsel of oral presentation in Pope & Talbot v. Canada.
2000 – 2005 Worked closely with JLT in preparing pleadings and providing advice in UPS v. Canada as well as assisting JLT counsel in preparing oral argumentation before the tribunal.
2007 Provided list and analysis of cases to JLT relevant to the defence by Canada of the claim brought against Canada in Crompton Corp.(now Chemtura Corp.) v. Canada under NAFTA Article 1110(1).
2007  Provided commentary on the Preliminary Legal Assessment respecting the claim against Canada in Mobil and Murphy v. Canada.
2007 Provided preliminary opinion to JLT as to whether the Notice of Intent filed by Marvin Gottlieb et al against the Government of Canada on October 30, 2007 had merit, and particularly whether NAFTA Article 2103 exclude the claim.
2008 Provided an opinion to JLT contradicting the position taken in the Memorial filed by Merrill & Ring Forestry L.P. (“Merrill”) in Merrill & Ring Forestry L.P. v. Government of Canada that the right to export and the right to an export permit constitutes an investment within the meaning of NAFTA Article 1139. 
2008 Provided a survey for JLT of the application of most-favoured nation (MFN) provisions in various trade agreements with particular emphasis on MFN provisions in NAFTA Chapter Eleven, as well as in various bilateral investment treaties, including Canada’s Foreign Investment Promotion and Protection Agreements.
OTHER INTERNATIONAL TRADE EXPERIENCE
1998 – 2000 Represented DaimlerChrysler Canada Inc. in respect of the challenge by Japan and the European Union of the Auto Pact duty remission orders in Canada-Certain Measures Affecting the Automobile Industry and in this capacity worked closely with JLT in defending this challenge.
1999 – 2001 Represented the Canadian Drug Manufacturers Association (now the Canadian Generic Pharmaceutical Association) in respect of the challenge by the European Union of the early working and stock piling provisions of the Patent Act in Canada-Patent Protection of Pharmaceutical Products and in respect of the challenge by the United States of the pre-1989 patent term under the Patent Act in Canada-Term of Patent Protection, and in this capacity worked closely with JLT in defending these challenges.
1999 – 2006 Represented the Free Trade Lumber Council and the Canadian Lumber Trade Alliance (“CLTA”) throughout the recent iteration of Canada’s softwood lumber dispute with the United States including the following:
• Worked closely with JLT in pursuing the complaints filed by Canada in United States-Treatment of Export Restraints as Subsidies, United States – Section 129(c)(1) of the Uruguay Round Agreements Act, United States – Provisional Anti-Dumping Measures on Imports of Certain Softwood Lumber from Canada and United States – Final Countervailing Duty Determination with Respect to Softwood Lumber from Canada.
• Assisted in liaising between the CLTA and U.S. Counsel for both the Government of Canada and the CLTA in respect of the extraordinary challenge brought by the United States Government against the finding of the binational panel in Certain Softwood Lumber Products from Canada (USITC Final Injury Determination) and in respect of the litigation brought by the CLTA and the Government of Canada in the U.S. Court of International Trade to enforce the binational panel and extraordinary challenge committee decisions, and assisted in formulating strategy in connection with that litigation.
2004 Acted as an advisor to The Honourable Mr. Justice Konrad von Finckenstein of the Federal Court of Canada in the NAFTA Chapter Nineteen extraordinary challenge in Pure Magnesium from Canada, ECC-2003-1904-01USA
ANTIDUMPING AND COUNTERVAILING DUTY EXPERIENCE
1997 Fresh Garlic Originating in or Exported from the People's Republic of China (“PRC”).  Represented PRC garlic exporters in the injury inquiry by the Canadian International Trade Tribunal (“Tribunal”) and successfully secured a January to June seasonal exemption for fresh garlic imports from the PRC.
1998 – 1999 Fresh Garlic Originating in or Exported from the People's Republic of China.  Successfully resisted requests by the domestic garlic growers to the Tribunal to extend its 1997 Order to remove the exemption for January to June.
1999 Certain Concrete Reinforcing Bar Originating In Or Exported From The Republic Of Cuba, The Republic Of Korea And The Republic Of Turkey.  Represented a major Canadian producer of reinforcing bar in initiating an antidumping complaint and, as lead counsel, pursued the action from the initiation by the Canada Customs and Revenue Agency (“CCRA”) through to a successful outcome in a finding of injury by the Tribunal.
2001 Certain Concrete Reinforcing Bar Originating In Or Exported From The Republic Of Indonesia, Japan, The Republic Of Latvia, The Republic Of Moldova, The Republic Of Poland, Chinese Taipei And Ukraine.  Represented the same Canadian reinforcing bar producer in a second reinforcing bar complaint initiated by another major producer.  Represented the producer throughout the process including the initiation of the case by the CCRA and the injury hearing before the Tribunal and obtained a successful result.
2004 – 2005 Re Certain Carbon Steel and Stainless Steel Fasteners from the People's Republic of China and Chinese Taipei: Represented a coalition of importers and domestic manufacturers which opposed the antidumping and countervailing duty complaint filed by a domestic manufacturer.  Successfully submitted to the Tribunal that fasteners comprised four separate classes of unlike goods, namely carbon steel nuts and bolts, stainless steel nuts and bolts, carbon steel screws and stainless steel screws, which resulted in achieving substantial success in the injury inquiry conducted by the Tribunal culminating in a seven-day hearing, by obtaining a no injury finding for carbon steel nuts and bolts from both China and Taiwan, stainless steel nuts and bolts from both China and Taiwan and stainless steel screws from China.  Also successfully obtained a reversal of a CBSA ruling reclassifying hex head cap screws as dutiable.
2005 – 2006 Re Certain Laminate Flooring Originating In Or Exported From Austria, Belgium, The People's Republic Of China, France, The Federal Republic Of Germany And The Republic Of Poland And The Subsidizing Of Such Product Originating In Or Exported From The People's Republic Of China.  Represented a Chinese exporter in communicating with the Canada Border Services Agency (“CBSA”) and working with the exporter’s Chinese lawyer to achieve a zero dumping margin and a subsidy rate of less than one percent.  Also represented this exporter in a CBSA reinvestigation of dumping and subsidization with similar results. 
TEACHING EXPERIENCE
2006 Prepared and conducted one day seminars in each of New Westminster, Calgary and Edmonton for the Purchasing Management Association of Canada on the topic of “Canada Border Measures – Canadian Duties and Import and Export Controls”
2004 Lead Trainer:  Preparation and delivery of Interdepartmental Training Course for MOFCOM, (Department of Treaty and Law Investigation Bureau of Industry Injury, Bureau of Fair Trade for Import and Export), other government departments, academics and lawyers on WTO Litigation Strategy and WTO compliance in Beijing, China.
2003 Lead organizer and, together with other practitioners and academics, prepared and taught a Masters of Laws course on Trade Regulation at Osgoode Hall Law School
2000 – 2002 Prepared a Trainer’s Manual on Trade Law Jurisprudence and prepared and delivered a two day seminar to JLT respecting the use of the Manual
1997 Organized and taught a Master of Laws course on NAFTA at the Osgoode Hall Law School. 
1992 – 1995 Organized and conducted seminars on Rules of Origin for the Centre for Trade Policy and Law in Costa Rica, El Salvador and Ottawa for groups from Latin America.
1989 – 2012 Has given lectures and has participated in numerous seminars and panel discussions on a variety of issues respecting international trade law including automotive issues, rules of origin, NAFTA Chapter Eleven, trade-in-goods issues, antidumping and countervailing duties, various aspects of trade in softwood lumber, as well as various WTO issues including in particular pharmaceutical issues and environmental issues.
MAJOR PUBLICATIONS
Jon R. Johnson (2010) The 2010 Government Procurement Agreement Between Canada and the United States – Buy American Resolved?  Canadian International Lawyer, 2010, Vol.8, No. 2, at page 55.
Jon R. Johnson (2007)  The Effect of the Softwood Lumber Agreement 2006 on the NAFTA Chapter Nineteen Binational Panel Process, [2007] International Trade Law & Regulation, Volume 14, Issue 4 at page 79.
Jon R. Johnson (2005)  Canada and U.S. Approaches to Health Care in the Canada-United States Law Journal, Volume 31, 2005, page 251
Jon R. Johnson (2005)  Rules of Origin in Canadian and US Preferential Trade Arrangements and  Current State of Negotiations on the Harmonized Rules of Origin in Rules of Origin: Textiles and Clothing Sector  edited by Dr. Roman Grynberg, Cameron May, London.
Jon R. Johnson (2004) International Agreements and Canadian Health Care at page 369 in The Fiscal Sustainability of Health Care in Canada edited by Gregory P. Marchildon, Tom McIntosh, and Pierre-Gerlier Forest
Jon R. Johnson (2004) The WTO Decision – MFN, National Treatment, TRIMs and Export Subsidies in The Auto Pact: Investment, Labour and the WTO edited by Professor Maureen Irish, Kluwer Law International, The Hague/ London/ New York
Johnson, J. R. (2002). How Will International Trade Agreements Affect Canadian Health Care?  Discussion Paper prepared for the Commission on the Future of Health Care in Canada
Johnson, Jon R. (1998) International Trade Law, Essentials of Canadian Law Series, Irwin Law, Toronto. 
Johnson, Jon R. (1996) Consistency of Cuba “LIBERTAD” Act With the North American Free Trade Agreement, The Canadian Law Newsletter, Pending Issue, A Publication of the Committee on Canadian Law/ Section of International Law and Practice/American Bar Association, Washington.
Johnson, Jon R. (1994) The North American Free Trade Agreement:  A Comprehensive Guide, Canada Law Book, Aurora.
Johnson, Jon R. (1994) Canadian Water and Free Trade in Continental Water Marketing, Pacific Research Institute for Public Policy, San Francisco, and the Fraser Institute, Vancouver.
Johnson, Jon R. (1993) What Is a North American Good?  The NAFTA Rules of Origin, C.D. Howe Institute Commentary No. 40, February, 1993, Toronto.
Johnson, Jon R. (1993) The  Effect of the Canada-U.S. Free Trade Agreement on the Auto Pact in Driving Continentally:  National Policies and the North American Auto Industry, Carleton University Press, Ottawa.
Johnson, Jon R. (1992) NAFTA and the Trade in Automotive Goods in Assessing NAFTA:  A Trilateral Analysis, The Fraser Institute, Vancouver.
Johnson, Jon R. & Schachter, Joel S. (1988) The Free Trade Agreement: A Comprehensive Guide, Canada Law Book, Aurora.