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Why Canada Needs a National Security Amicus: Three McMillan LLP Lawyers Publish Report With C.D. Howe Institute

News Feb 17, 2022

Foreign investment in Canadian companies has long been subject to government review. In recent years, however, the government has shifted from “net benefit” analyses that focus on economic and employment impacts to national security reviews.

As leading experts in foreign investment review, McMillan LLP lawyers, are deeply familiar with these issues. Our team understands the dampening effects the lack of transparency can have on inbound investment into Canada.

Three of our top lawyers — Joshua Krane, Stephen Wortley and Connor Campbell — have co-authored a report for the think tank C.D. Howe Institute arguing that the creation of a national security amicus would both lend transparency to an opaque process and ensure Canada’s national security concerns continue to be addressed.

We welcome their insights, which highlight our firm’s expertise and high-level of engagement with complex, cross-border transactions as well as Canadian and international trade law.

The report is entitled A Friend in High Places: A Proposal to Add a National Security

Amicus to Canada’s Investment Review Regime.

You can read the report on the C.D. Howe website here.

About McMillan LLP

McMillan LLP offers advice on all aspects of trade law in Canada.

McMillan LLP is one of Canada’s leading national law firms with offices in Montréal, Ottawa, Toronto, Calgary, Vancouver and Hong Kong. As a full-service business law firm, McMillan’s wide-ranging expertise serves public, private and not-for-profit clients nationally and around the globe, across a broad array of industries with particular emphasis on infrastructure and construction; natural resources and energy; technology and technology transactions; and transportation. With globally recognized expertise and acknowledged leadership in cross-border transactions and investment into Canada, raising debt and equity, resolution of complex disputes and guidance through complex regulatory regimes, we provide creative and solutions-oriented business and legal advice to our clients. Our firm values — respect, teamwork, commitment, client service and professional excellence — are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession.


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