Bloc Québécois Leader Yves-François Blanchet said he will seek a legal opinion on whether the U.S. government has legal grounds to impose trade sanctions on Canada in response to Quebec’s controversial language law, Bill 96.
Blanchette told reporters on Tuesday that records showing the U.S. Trade Representative’s office discussed possible sanctions did not match what she heard from the State Department during her visit to Washington — that U.S. companies don’t necessarily like Bill 96, but they respect Canadian and Quebec law.
“I’m concerned,” Blanchett said. “I intend to seek a well-founded legal opinion before I become emotional in public.”
Blanchette suggested that lobbying groups were influencing the US government.
“I know there is probably lobbying going on,” he said, “and I have sought a legal opinion on the content of the trade agreement to see whether the United States really has a basis for imposing fines on such grounds. This would set a dangerous precedent for the protection of French citizens in Quebec.”
Blanchette’s comments came after CBC News obtained documents under the US Freedom of Information Act showing US government officials have discussed possible trade sanctions against Canada in response to Bill 96.
The documents also reveal that U.S. government officials have been told that the implementation of Bill 96 could result in fewer products being shipped to Canada, not just Quebec.
The documents show that U.S. Trade Representative officials discussed whether the bill, which includes provisions that could affect trade marks, trademarks and product labeling, would violate trade agreements between Canada and the United States.
For example, officials discussed whether the Bill 96 restrictions could constitute technical barriers to trade, infringe trade-related intellectual property rights, or violate Section 301 of the Trade Act of 1974.
The International Trademark Association, an industry group, has privately urged the U.S. government to impose trade sanctions against Canada, arguing that Bill 96 will affect the ability of U.S. companies to sell their products in Quebec.
But other USTR officials questioned whether provisions of Bill 96 would result in sanctions.
The document, which covers the period from November 2022 to late January 2024, does not say whether USTR officials have reached any conclusions. The USTR is still consulting with industry groups and companies concerned about Bill 96 and is monitoring the situation.
On his way out of a cabinet meeting on Tuesday, Public Services and Procurement Minister Jean-Yves Duclos told reporters that protecting the French language and protecting the economy were both important.
“Of course we have to eat bread and we have to pay for our groceries at the end of the month, so economic concerns are important to Quebecers,” he said. “Our region depends very much on its ability to export its products and attract foreign investment to Canada, and especially to Quebec.”
Justice Minister Arif Virani said he was closely monitoring Bill 96, particularly how its “notwithstanding” clause was used.
Asked about the concerns expressed by US officials, Villani referred questions to Finance Minister Chrystia Freeland.
“But certainly there would be concerns across the board if there were any impact on the Canadian economy,” he said.
