IEEPA Tariffs, U.S. Supreme Court Ruling and Impacts to Canadian Trade
Commentary and content from the New North America Initiative
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The Supreme Court of the United States heard arguments on Nov. 5, 2025 on whether the International Emergency Economic Powers Act (IEEPA) authorizes the president to impose tariffs and on Feb. 20, 2026 upheld the lower-court rulings, confirming that President Donald Trump's use of usage of IEEPA to impose tariffs at will is unconstitutional.
We've curated our research, media commentary and insights to address the question: What does this ruling mean for Canadians and our trade relationship with the U.S.?
Does striking down Trump’s ‘emergency’ tariffs make it better or worse for Canada?
Carlo Dade
THE GLOBE AND MAIL
Feb. 20, 2026
The U.S. Supreme Court has upheld lower-court rulings on President Donald Trump’s use of the International Emergency Economic Powers Act, confirming that Mr. Trump’s usage of such powers to impose tariffs at will is unconstitutional and must end.
Canada’s long nightmare over U.S. tariffs is poised to change. But whether that is for better or worse depends on who within Canada we are talking about – which industry and, by extension, which province...
Canada’s tariff threat just shifted from national to provincial after court ruling: trade expert
Anam Khan
BNN BLOOMBERG
Feb. 20, 2026
Even with U.S President Donald Trump global tariffs deemed illegal, Canada’s threat is not eliminated. It’s just redirected explains a trade expert.
On Friday, the U.S. Supreme Court struck down Trump’s International Emergency Economic Powers Act (IEEPA), saying he exceeded his executive authority by bypassing congress.
Under IEEPA, Trump could impose tariffs on all Canadian exports at once which meant every province faced the same risk, explains Carlo Dade, director of International Policy at the School of Public Policy at the University of Calgary...
Lack of trade infrastructure, insufficient supports for small business among realities of trade-war woes, say experts
Jesse Cnockaert
THE HILL TIMES
Feb. 21, 2026
Insufficient trade infrastructure and supports for small businesses that “miss the mark” are among the major challenges as Canada feels the strain of tariffs on cross-border trade, with one of the biggest variables being the looming review of North America’s free-trade pact, say trade and business experts.
“We face baseline difficulties in building new trade assets,” said Carlo Dade, director of International Policy and the New North America Initiative...
Trump’s tariffs struck down — what’s next?
The Current with Matt Galloway
CBC
Feb. 23, 2026
The Supreme Court of the United States has ruled on Friday that the majority of Donald Trump's tariffs are unconstitutional. We’ll talk about what that decision means, and how it’ll affect Canada with Josh Gerstein, senior legal affairs reporter for Politico, and Carlo Dade, the Director of International Policy and the New North America Initiative at the School of Public Policy at the University of Calgary.
Interviews from Fall 2025
Recorded in late October 2025 in anticipation of the U.S. Supreme Court ruling on the legality of tariffs imposed by the Trump Administration, the New North America Initiative conducted a series of interview in partnership with The Logic's International Trade reporter, Joanna Smith.
Speaking with experts on both sides of the border, the goal was to obtain insight into what the expectations are leading up to the hearing on Nov. 5, 2025 and to understand the impacts on Canada-U.S. trade relations once the decision is made.
Carlo Dade
Director, International Policy and the New North America Initiative
School of Public Policy
Ben Gutman
Solicitor General, Oregon Department of Justice
State of Oregon
Timothy Meyer
Richard Allen/Cravath Distinguished Professor, International Business Law
Duke University School of Law
Inu Manak
Senior Fellow
International Trade at the Council on Foreign Relations (CFR)
Related Research Publications:
Media Commentary (Fall 2025)
Opinion: Supreme Court case on tariffs could benefit Alberta, if we prepare
Carlo Dade and Sam Woods
THE CALGARY HERALD
Nov. 14, 2025
If the Supreme Court rules that U.S. President Donald Trump’s use of — or abuse of — his most potent power to impose tariffs under the International Emergency Economic Powers Act (IEEPA) is unconstitutional, the threat that Alberta faces will lessen...
How the U.S. Supreme Court’s tariff decision could impact Canada
THE CANADIAN PRESS
Nov. 2, 2025
Donald Trump’s tariff agenda is set to face a major legal hurdle in the U.S. Supreme Court this week but no matter the ruling, it will not spare Canada from all of the president’s devastating duties...
Canada’s hope to constrain Trump’s tariff agenda shifts to America’s top court
Neil Moss
THE HILL TIMES
Oct. 29, 2025
With another pause in cross-border trade talks, an upcoming United States Supreme Court case could diminish the pace of President Donald Trump’s tariff agenda...