Panel releases report in the appeal of the decision on trade dispute between
Saskatchewan and Quebec
Winnipeg – February 25, 2022 – An Appeal Panel held under the Agreement on Internal Trade (AIT) has released its decision concerning the report on the dispute between Saskatchewan and Quebec regarding Quebec’s measures under the Food Products Act (FPA), related to Dairy Blends, Dairy Analogues and Dairy Alternatives.
Under Government-to-Government dispute resolution provisions of the AIT, a Disputing Party may appeal a Panel Report to an Appellate Panel on the grounds that the Panel erred in law,failed to observe a principle of natural justice or acted beyond or refused to exercise its jurisdiction. In April of 2014 Québec, under Article 1706.1(1), appealed the March 31, 2014,decision on Dairy Blends, Dairy Analogues and Dairy Alternatives. A hearing was held in Regina on October 27, 2014.
The appeal Panel report confirmed the original decision that Québec repeal or amend those Measures which that Panel determined to be non-compliant with the AIT.
The AIT is an intergovernmental trade agreement signed by Canadian First Ministers in July 1994. Its purpose is to reduce and eliminate, to the extent possible, barriers to the free movement of persons, goods, services, and investment within Canada so as to establish an open, efficient, and stable domestic market. Access to the dispute resolution mechanisms of the AIT is open to governments, individuals and businesses.
For more information on the AIT and its dispute resolution procedures contact:
Patrick Caron, acting Managing Director, Internal Trade Secretariat,
T: 204 - 987-8094
or email: firstname.lastname@example.org
Biographical Notes – Appeal Panel Members
Michael F Donovan, QC is the principal of Michael F Donovan Law Incorporated, an independent litigation and dispute resolution law firm based in Halifax Nova Scotia and practicing throughout Atlantic Canada. For 32 years, Michael Donovan was employed as a lawyer with the Federal Department of Justice Atlantic Regional Office in Halifax, Nova Scotia; and for 15 of those years, was Director of Civil Litigation for Atlantic Canada. Immediately following his retirement from the Department of Justice, he served as counsel with large regional law firm Cox & Palmer. Since 2011, he has practiced through his own firm. Given this broad experience, he has expertise in all aspects of civil litigation and dispute resolution, including in particular public law and corporate commercial litigation. He was called to the New Brunswick bar in 1978 and the Nova Scotia bar in 1979 and appointed Queen’s Counsel in Nova Scotia in 2003.
Sandra MacPherson-Duncan, Q.C. is a Halifax based lawyer and has been a member of the Nova Scotia Bar since 1984. She received her Q.C. designation in 2000. She has extensive experience in administrative law and alternate dispute resolution. She now focuses her practice entirely in these areas. She is currently Vice Chair of Professional Conduct for the Nova Scotia Registered Nurses Association and member of the Nova Scotia Securities Commission and acts as an arbitrator in a variety of forums.
Ron Perozzo, Q.C. has served as an independent officer of the Legislative Assembly of Manitoba as the Manitoba Conflict of Interest Commissioner and Lobbyist Registrar since January 1, 2010. In late 2010 he was also appointed as Manitoba Information and Privacy Adjudicator. These duties are performed on a part-time basis. Mr. Perozzo retired as the Deputy Attorney General and Deputy Minister of Justice (Manitoba) in August, 2008. In the past Mr.Perozzo conducted reviews of Legal Aid Manitoba, the Manitoba Crown Lands Branch and led public consultations leading to a new Manitoba Police Act. He resides in Thunder Bay, Ontario.