Donald Trump's latest round of tariffs against Canada would almost certainly be struck down if challenged in court, legal experts say. The ruling matters because it could spare Canadian exporters from billions in new levies and prevent a major trade disruption between the two countries.
The tariffs, announced without a formal trade investigation, target a wide range of Canadian goods. Legal scholars argue that the president exceeded his constitutional authority by imposing duties without clear congressional approval, violating the separation of powers.
Experts also note that similar tariff actions in the past, such as the steel and aluminum duties in 2018, were partially upheld only after lengthy litigation. But the current measures go further, raising questions about their legal basis under the International Emergency Economic Powers Act and World Trade Organization rules.
Canadian businesses and the federal government are already preparing legal challenges, with some filing lawsuits in U.S. federal court. A successful challenge could force the tariffs to be lifted retroactively, though the process could take months.
The practical impact for Canadians is immediate uncertainty. Exporters face higher costs, and consumers may see price increases on goods ranging from lumber to maple syrup. Trade lawyers advise companies to document any harm caused by the tariffs to support future compensation claims.
What remains uncertain is whether the courts will issue an injunction to halt the tariffs while the case is heard. If so, the tariffs could be suspended before they take full effect, but that decision is not guaranteed.