The Second Canada Agreement on Internal Trade Appellate Report

A couple years ago https://www.hotmoncleroutlet.com , I blogged about moncler outlet store the first appellate decision under Canada Agreement on Internal Trade, which was on dairy products. The second decision has just been circulated, this time on beer. (The Canadian Free Trade Agreement recently replaced the AIT, so aside from any ongoing AIT cases, future cases will be under the CFTA.)

cheap moncler jackets I may have more to say on the substance later, but for now I just wanted to note a difference between the two appeal panels approach to the standard of review for interpretation of the AIT. This is what was said in the dairy case: cheap moncler jackets

moncler jacket sale 91. This brings us to the fundamental question to be resolved with respect to standard of review. When an Appellant alleges that a Panel erred in interpretation of the AIT, does the Appellate Panel review the Panel on a standard of correctness or a standard of reasonableness? moncler jacket sale

92. In our view, the appropriate standard is reasonableness.

moncler outlet jackets 93. As we have explained above, many of the considerations that induce a court to exercise deference towards an administrative tribunal on judicial review do not apply in the relationship between the Appellate Panel and a Panel under the AIT. Likewise, many of the considerations that govern an appeal court’s moncler outlet online oversight of lower courts do not apply in the relationship between the Appellate Panel and a Panel under the AIT. moncler outlet jackets

cheap moncler jackets sale 94. One consideration however that does apply in both the judicial review context and in the present context is the relative expertise of the generalized reviewing body as compared to the specialized decision maker. Unlike the Panel, we do not have “expertise or experience in matters covered by this Agreement”. Such experience provides a basis for a practical interpretation of the Agreement in a manner that best achieves its objectives. cheap moncler jackets sale

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moncler outlet online 46. In terms of the respective roles of panels and Appellate Panels under the AIT Moncler Outlet , the legislation the AIT clearly provides for moncler sale outlet a full review of the Panel’s decision by the Panel and permits the Appellate Panel to “confirm, vary, rescind, or substitute the Report whole or in part, or refer the matter back to the Panel for re hearing”. Even if we were to accept the Newton moncler mens jackets considerations, we do not consider that significant is required. moncler outlet online

cheap moncler outlet 48. In terms of the nature of the question in issue, Appellate Panel review will almost always a review of cheap moncler the panel’s interpretation of provisions of the AIT. Our conclusions in respect those interpretations of the AIT may have an impact well beyond the parties to the dispute. cheap moncler outlet

49. There is nothing in the AIT itself that clearly requires an Appellate Panel to exercise with respect to panel decisions. Rather, the agreement suggests that an Appellate Panel conduct a full and unrestrained review of the Panel decision.

50. On pure questions of law, the standard of review is correctness, and we are free to replace opinion of the Panel with our own. In sum, we considered that the Appellate Panel has a broad to review the panel decision in this appeal and, in conducting that review, it should be by cheap moncler outlet the Supreme Court’s decision in Housen.

A couple years ago, I blogged about the first appellate decision under Canada monlcer down jackets Agreement on Internal Trade, which was on dairy products. The second decision has just been circulated, this time on beer. (The Canadian Free Trade Agreement recently replaced the AIT, so aside from any ongoing AIT cases, future cases will be under the CFTA.)

moncler sale outlet I may have more to say cheap moncler jackets on the substance later, but for now I just wanted to note a difference between the two appeal panels approach to the standard of review for interpretation of the AIT. This is what was said in the dairy case: moncler sale outlet

moncler sale 91. This brings us to the fundamental question to be resolved with respect to standard of review. When an Appellant alleges that a Panel erred in interpretation of the AIT, does the moncler sale Appellate Panel review the Panel on a standard of correctness or a standard of reasonableness? moncler sale

cheap moncler 92. In our view, the appropriate standard is reasonableness. cheap moncler

moncler jackets outlet 93. As we have explained above, many of the considerations that induce a court to exercise deference towards an administrative tribunal on judicial moncler outlet sale review do not apply in the relationship between the Appellate Panel and a Panel under the AIT. Likewise, many of the considerations that govern an appeal court’s oversight of lower courts do not apply in the relationship between the Appellate Panel and a Panel under the AIT. moncler jackets outlet

moncler outlet sale 94. One consideration however that does apply in both the judicial review context and in the present context is the relative expertise of the generalized reviewing body as compared to the specialized decision maker. Unlike the Panel, we do not have “expertise or experience in matters covered by this Agreement”. Such experience provides a basis for a practical interpretation of the Agreement in a manner that best achieves its objectives. moncler outlet sale

moncler outlet uk By contrast, this is what was said in the beer case: moncler outlet uk

moncler factory outlet 46. In terms of the respective roles of panels and Appellate Panels under the AIT, the legislation the AIT clearly provides for a full review of the Panel’s decision by the Panel and permits the Appellate Panel to “confirm, vary, rescind, or substitute the Report whole or in part, or refer the matter back to the Panel for re hearing”. Even if we were to accept the Newton considerations, we do not consider that significant is required. moncler factory outlet

48. In terms of the nature of the question in issue, Appellate Panel cheap moncler sale review will almost always a review of the panel’s interpretation of provisions of the AIT. Our conclusions in respect those interpretations of the AIT may have an impact well beyond the parties to the dispute.

49. There buy moncler jackets is nothing in the AIT itself that clearly requires an Appellate Panel to exercise with respect to panel decisions. Rather, the agreement suggests that an Appellate Panel conduct a full and unrestrained review of the Panel decision.

moncler outlet 50. On pure questions of law, the standard of review is cheap moncler coats correctness, and we are free to replace opinion of the Panel with our own. In sum, we considered that the Appellate Panel has a broad to review the panel decision in this appeal and, in conducting that review, it should be by the Supreme Court’s decision in Housen moncler outlet.