Academic journal article Canada-United States Law Journal

The Canada-United States Regulatory Regime as the Road to Recovery

Academic journal article Canada-United States Law Journal

The Canada-United States Regulatory Regime as the Road to Recovery

Article excerpt

Session Chair--Christopher Sands

United States Speaker--Donald B. Cameron, Jr.

Canadian Speaker--James P. McIlroy

Canadian Speaker--Larry L. Herman

Canadian Speaker--J. Michael Robinson, Q.C.

United States Speaker--R. Richard Newcomb


MR. SANDS: My name is Christopher Sands, and I am a senior fellow from the Hudson Institute. (1) It is a great honor to not only listen to three days of terrific presentations, but now to be able to moderate what will be the grand finale of the panel. In this panel, we will try to put into perspective some of what you have seen and heard in previous panels. My role is similar to that of William Shatner's in the closing ceremony of the 2010 Vancouver Winter Olympics, (2) in which he gave a sort of comedic opening, but also set the tone for the rest of the presentations.

As the William Shatner role, I am to set in motion a cavalcade of Canadian Law Institute celebrities: people who have been well involved with this organization for a long time, who are well involved in the issues of Canada-United States law, and who will bring their perspectives to what we have heard as well. Let me briefly introduce the panelists for this final session, who actually need no introductions.

Don Cameron is the practice group leader for the International Trade group at Troutman Sanders LLP in Washington, D.C. (3) Next to him is Jim McIlroy, who is counsel on Public Policy at McIlroy & McIlroy in Toronto. (4) Larry Herman is a partner at Cassels, Brock, & Blackwell in Toronto. (5) Michael Robinson is counsel at Fasken, Martineau, DuMoulin's Toronto office. (6) Finally, Rick Newcomb is the chairman of the International Trade practice group and a partner at DLA Piper, LLP in Washington, D.C. (7)

I am going to make a few contextual remarks, after which each of these gentlemen will have a chance to comment.

First, as a general observation, one of the rules you learn early on about political economy is that as people become wealthier, they become much more insistent on having a voice in the governance of the transactions that have made them wealthy. That is very logical. You want to have a say in the rules that affect your livelihood, and the wealthier you are, the better you have means to insist and make sure that governance systems respond to you. This is an old human problem with the way we organize ourselves. This was a problem even in the Roman Empire: as Egypt and Byzantium became wealthy, they wanted a say in the politics of Rome.

Those of you who are involved with our Anglo-American tradition here will remember that, while we think of the Magna Carta as a foundational document in law, (8) it came about because of the wealth of barons against the wealth of kings and the desire to have a say in the way in which the government was run.

As the Thirteen Colonies along the Eastern Seaboard became wealthier and wealthier, they wanted, as Englishmen, seats in Parliament. When they did not get those seats, we had a revolution to change the rules.

Canada stayed loyal to the British Empire, but nevertheless, as the Canadian colonies became wealthier and wealthier, the Canadians insisted in having a voice in the management of the empire. First this insistence was through imperial councils and later in dialogue with Great Britain concerning foreign laws or other issues, including issues of when to go to war.

This problem has been with us for a long time and is very human; it is the same problem we now face in North America between Canada and the United States.

One other brief comment: it is not coincidental that we have seen a great spread of democracy as a means of governance around the world. You will find more and more countries that have democratic or quasi-democratic systems as we see wealth and prosperity grow from one side of the world to the other. …

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