Letter from a Canadian: On the meaning of trade ‘discrimination’

August 7, 2026

“I don’t know what you mean by ‘glory,’” Alice said.

Humpty Dumpty smiled contemptuously. “Of course you don’t—till I tell you. I meant ‘there’s a nice knock-down argument for you!‘”

“But ‘glory’ doesn’t mean ‘a nice knock-down argument,’” Alice objected.

“When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.”

“The question is,” said Alice, “whether you can make words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be master — that’s all.”

― Lewis Carroll, Through the Looking Glass

***

It’s a post-modern cliché, but there is something to the idea that to name a thing is an expression of power.

Last November, 15 Republicans and 12 Democrats sitting on the House Ways and Means committee wrote to Canada’s trade minister Dominic Leblanc. They thanked Canada for rescinding its digital services tax. Then they called for the repeal of our Online Streaming Act (the “OSA”) because it’s “discrimination.”

Today, news reports in the Canadian press habitually list the OSA as laying square in the US trade cross-hairs.

Now that stop-and-start trade talks are heating up again it’s a good time to separate fact and fiction on the OSA.

Despite our long border and our differing origin stories, Canada and the United States have many things in common. We are democracies and we are neighbours. And we are global traders.

What we also have in common, although it seems to be slipping lately, is that in matters of cross border trade in goods and services, we respect each other’s sovereign decision-making provided they respect principles of fair treatment.

Of US companies operating on Canadian soil, or vice versa.

We wrote it all up in a trade treaty ratified by Canadian Parliament and the US Congress, the 2018 CUSMA deal (“USMCA” to Americans) and the two earlier versions signed in 1988 and 1992.

November’s congressional letter invited Canada to rescind the OSA because, according to its signatories, the OSA is “discriminatory” against US streamers and in violation of USCMA.

The TL:DR version of this post is to say the OSA is neither of those things.

…Continue reading at Cartt.ca

***

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This post is copyrighted by Howard Law, all rights reserved. 2026.