My weekly technology law column (Toronto Star version, homepage version) focuses on the U.S. decision to elevate Canada to the Priority Watch list. I note that the elevation will undoubtedly heighten pressure for reforms, it also points to the need for the Canadian government to reassess how it manages the Special 301 process and its bilateral relationship with the U.S. on this issue. In previous years, Canadian officials have done little more than express disappointment with the U.S. findings. According to documents obtained under the Access to Information Act, the Minister of Foreign Affairs has been repeatedly advised that "Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."
Raising the issue in bilateral discussions may have worked in the past, but this year's report sends a clear signal that more is needed. This year's designation is so unsupportable that Industry Minister Tony Clement and Canadian Heritage Minister James Moore should not hesitate to challenge both the process and the substance of the findings.
