Trump’s new tariffs against Canada would likely be shot down in any court challenge, law experts say

By Josh Rubin
The Toronto Star
July 24, 2026
Category: Business & Politics
Region: Canada, United States

Donald Trump’s latest 50% tariffs against Canada would likely be shot down in any court challenge, trade law experts say. …Trump still needs to prove that Canada is “discriminating” against American trade, said international trade lawyer Barry Appleton. But the Canada-U.S.-Mexico Agreement on trade — negotiated and signed by the US during Trump’s first term in office — includes the things he’s now complaining about. “It’s a hard thing to walk into court and call your own trade deal discrimination,” said Appleton. “It’s harder still when that same deal has a dispute-settlement process built for exactly this kind of complaint, and Washington is choosing to skip it and go straight to tariffs.” …US trade lawyer Marc Wheat said US importers will soon challenge the Section 338 tariffs at the U.S. Court of International Trade, and will likely win. While the White House could keep appealing and the Supreme Court may not the case.

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