The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50801
Sept. 11, 2001 the regulations have be- come even more closely scrutinized than when they were first introduced back in the early 1980s. As of June 19, 2008, however, dual nationals in the Canadian Commu- nications Security Establishment, the Canadian Space Agency, and the Na- tional Research Council who are issued a "minimum secret-level security clear- ance" will be permitted access to ITAR- controlled items. But the State Depart- ment has made it abundantly clear that "this applies only to the CSE, CSA, NRC and DND and is not extended to private companies in Canada." For its part, the Canadian Depart- ment of Public Works and Govern- ment Services, the ministry respon- sible for Canada-U.S. relations with respect to ITAR, says, "There are ad- ministrative and policy challenges re- lating to the implementation of ITAR that require the governments of [both countries] to work together." Speaking for Public Works, Lucie Brosseau says, in the post-Sept. 11 era, one serious is- sue between Canada and the U.S. has been the increasingly restrictive appli- cation of ITAR on U.S. exporters as it relates to access for Canadian citizens with another nationality. But, in spite of this, the timeline for future talks is uncertain, and she will only say that "government officials continue to meet formally and informally on this very important issue." In January of this year, Quebec's Commission des droits de la personne et des droits de la jeunesse, reported that a settlement had been reached be- tween Bell Helicopter and a prospec- tive intern concerning the application of the ITAR rules in the hiring process. The complainant, a Haitian-born Ca- nadian who held citizenship in Cana- da for almost 30 years, applied for an internship with the company as part of a training program. His application was accepted, along with 14 others, but when he began the internship he was notified that his place of birth dis- qualified him from continuing under the ITAR rules. "The commission very loudly said that this wasn't acceptable. It's only a matter of time before we see ntitled-1 1 more of these," says Coulter. In its statement released at the time, the commission reiterated its opposition to the application of the ITAR rules in Quebec "because of their discriminatory impact," saying they were "inconsistent" with the Quebec Charter of Human Rights and Freedoms. It further pub- licly invited others who felt their rights had been infringed by the application of ITAR to come forward. In a case before the Ontario Human Rights Commission, General Motors Defense, a division of General Motors of Canada Ltd. that manufactured mili- tary vehicles for various governments, including the U.S. (using material and data exported from the U.S.), was taken to task by six unionized employees who were Canadian citizens or landed im- migrants from a country other than the U.S. According to information released Ownership notwithstanding, your business is our business. The most productive relationships are born of mutual understanding. That's why we're as committed to getting to know our clients' business as we are to helping them understand the intricacies of labour and employment law. Toronto 416.408.3221 I London 519.433.7270 I filion.on.ca www. C ANADIAN Law ye rmag.com OC T OBER 2008 45 5/14/08 9:58:39 AM