Appeal court won’t rule on tribunal’s jurisdiction over Shared Services contracts — CBC News

Sonja Pavic

Nov 22, 2017

Osler associate Sonja Pavic tells CBC News that more clarity is needed regarding the scope of the national security exception. In her article, author Alison Crawford discusses the Federal Court of Appeal deciding not to rule on the Canadian International Trade Tribunal (CITT)’s jurisdiction over government contracts covered by national security exceptions. The article discusses a case involving a $430-million Environment Canada contract, in which a national security exception was invoked. Sonja, an associate in Osler’s Litigation Group who specializes in international trade and investment law, explains why guidance on this exception would allow businesses to “more effectively navigate the government’s procurement process.”

"Government bodies such as [Shared Services Canada], that apply the national security exclusion, could provide guidance on the criteria or rules that they use, or this issue may come before the courts again — as the Federal Court of Appeal invited," Sonja tells CBC News.

"And in that case, it could be the courts who provide guidance on the parameters of the exception."

For more information, read Alison Crawford’s article “Appeal court won’t rule on tribunal’s jurisdiction over Shared Services contracts” in CBC News.