ARTICLE
26 March 2019

Canada-US-Mexico Trade Agreement Recognizes Indigenous Interests

WS
Willms & Shier Environmental Lawyers LLP
Contributor
Willms & Shier Environmental Lawyers LLP logo
Willms & Shier Environmental Lawyers LLP www.willmsshier.com is Canada’s recognized leading environmental law firm, delivering a full range of environmental, Indigenous and energy law services. For 40 years, our clients have benefitted from our innovative, practical solutions and extensive knowledge of environmental, Indigenous, and energy and natural resource issues.  With 19 highly specialized lawyers, we are the largest private sector environmental law practice in Canada.  Seven of our lawyers are Environmental Law Specialists, certified by the Law Society of Ontario. Willms & Shier has offices in Toronto, Ottawa, Calgary and Yellowknife.  Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, the Northwest Territories, and Ontario.
On November 30, 2018, Canada, the United States, and Mexico (collectively, the "Parties") signed the Canada-United States-Mexico Agreement ("CUSMA").
Worldwide Government, Public Sector
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On November 30, 2018, Canada, the United States, and Mexico (collectively, the "Parties") signed the Canada-United States-Mexico Agreement ("CUSMA").   The CUSMA's text can be found here.

The CUSMA replaces the North American Free Trade Agreement ("NAFTA").  Both agreements regulate international trade and investment between the Parties.  NAFTA and the CUSMA create sanctions against a Party who restricts trade or investment in a manner inconsistent with either agreement.

One of the differences between the CUSMA and NAFTA is that the CUSMA's text recognizes the importance of Indigenous peoples within the Parties' respective territories.  The agreement includes a provision that shields a Party against liability under the CUSMA for actions that the Party considers necessary to fulfill its legal obligations to Indigenous peoples.

This exception would protect the Crown's duty to consult, but also put Canada's implementation of its Indigenous commitments under international scrutiny.

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ARTICLE
26 March 2019

Canada-US-Mexico Trade Agreement Recognizes Indigenous Interests

Worldwide Government, Public Sector
Contributor
Willms & Shier Environmental Lawyers LLP logo
Willms & Shier Environmental Lawyers LLP www.willmsshier.com is Canada’s recognized leading environmental law firm, delivering a full range of environmental, Indigenous and energy law services. For 40 years, our clients have benefitted from our innovative, practical solutions and extensive knowledge of environmental, Indigenous, and energy and natural resource issues.  With 19 highly specialized lawyers, we are the largest private sector environmental law practice in Canada.  Seven of our lawyers are Environmental Law Specialists, certified by the Law Society of Ontario. Willms & Shier has offices in Toronto, Ottawa, Calgary and Yellowknife.  Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, the Northwest Territories, and Ontario.
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