Skip to content

Canada's Business and Tech Newsroom

  • Professional Subscription
  • Partnerships & Advertising
  • Licensing & Syndication
Log In Subscribe
Welcome,
  • My Account
  • Log Out
  • Business
  • Tech
  • National
  • The Big Read
  • Briefings
  • Commentary
Search
Log In Subscribe
Welcome,
  • My Account
  • Log Out
Special Report

What the U.S. Supreme Court can do about Trump’s tariffs on Canada—and what it can’t

OTTAWA — The U.S. Supreme Court is set to hear arguments on Wednesday in a case against the broad-based tariffs President Donald Trump has slapped on countries around the world—including Canada. The Logic spoke to lawyers and policy analysts about what Canadian businesses should look for in an eventual ruling, including whether they can expect a refund.

Special Report

What the U.S. Supreme Court can do about Trump’s tariffs on Canada—and what it can’t

Small U.S. businesses and a dozen states are challenging Trump’s claims of a national emergency in a case that could limit his use of tariffs

By Joanna Smith
A shot of the iconic portico of the U.S. Supreme Court Building, with its Corinthian columns. There is an American flag flying in the foreground.
The U.S. Supreme Court will hear a challenge this week to the legal justification behind many of President Donald Trump’s tariffs. Photo: Getty Images/Anna Moneymaker
Nov 4, 2025
A A
A Small A Medium A Large
Share

Gift

Share

OTTAWA — The U.S. Supreme Court is set to hear arguments on Wednesday in a case against the broad-based tariffs President Donald Trump has slapped on countries around the world—including Canada. The Logic spoke to lawyers and policy analysts about what Canadian businesses should look for in an eventual ruling, including whether they can expect a refund.

What does this have to do with Canada?

Trump used the International Emergency Economic Powers Act (IEEPA), a 1977 statute that gives the president wide-reaching authority to regulate financial transactions in declaring a national emergency over foreign threats. That is what Trump did when he signed an executive order in February to declare universal tariffs on Canadian goods, purportedly over fentanyl entering the U.S. through its northern border. Trump declared similar emergencies to impose fentanyl-related tariffs on Mexico and China.

Related Articles

A U.S. court dealt a blow to Trump’s tariffs. Here’s what it means for Canada

By Joanna Smith
A close-up of Stephen Miran wearing a tuxedo and smiling at the camera. Miran's head is shaved bald, and he has a shadow of facial stubble.

A key Trump adviser predicts ‘generational change’ is about to hit global trade

By Joanna Smith

Separately, Trump used IEEPA in early April to impose “reciprocal” tariffs on much of the world, declaring a national emergency “arising from conditions reflected in large and persistent annual U.S. goods trade deficits.” Canada and Mexico were spared, but the executive order said a 12 per cent reciprocal tariff would eventually replace the duties linked to fentanyl.

How did this case end up in the Supreme Court?

More than a dozen lawsuits have been filed against the tariffs. The Supreme Court is hearing one that combined a challenge by a group of small businesses led by a New York-based wine importer with another launched by Oregon and 11 other states. In late May, the U.S. Court of International Trade ruled in the combined case that a president cannot use IEEPA as “leverage” to pressure other countries into doing what he wants. The U.S. Court of Appeals for the Federal Circuit upheld that ruling, but left the duties in place while the Trump administration appealed to the Supreme Court. Oral arguments are scheduled for Wednesday and the top court should rule by June.

At stake is not whether the tariffs are right or wrong, but whether IEEPA gave Trump the authority to apply them that way. “Congress wanted to provide broad and flexible authority in the context of emergencies,” Justice Department attorney Brett Shumate argued when the case was before the appeals court. 

“The question in this case is whether the president has unilateral authority to impose tariffs of any amount on any country for any period of time, for unreviewable reasons.”


Ben Gutman, the solicitor general of Oregon who will argue at the Supreme Court on behalf of the states challenging the tariffs, said the law was not designed to go that far. “The question in this case is whether the president has essentially the unilateral authority to impose tariffs of any amount on any country for any period of time, for essentially unreviewable reasons,” he told The Logic in an interview.

What would a ruling to strike down—or keep—the tariffs mean for Canada?

Immediately, not much. The majority of Canada’s exports to the U.S. have remained duty-free due to a carve-out from these tariffs that Trump granted to goods that move through the United States-Mexico-Canada Agreement (USMCA). And this case does not address Section 232 of the Trade Expansion Act of 1962, which is the authority Trump used to impose national-security tariffs on steel, aluminum, autos, auto parts, heavy trucks, lumber and copper.

Still, Gutman noted that Trump granted the exemption for USMCA-compliant goods at his own “unchecked discretion.” That means a ruling in favour of Trump would also mean he gets to decide whether and when to take away that crucial carve-out. “This is not just about what President Trump might do with that power, but what future presidents might do if they have that authority, what exemptions they might grant or not grant, what rates they might impose or not impose,” Gutman said.

Jeffrey Schwab, senior counsel at the Liberty Justice Center based in Austin, Texas, suggested Trump showed his cards last week by threatening to hike tariffs on Canadian goods by another 10 per cent due to Ontario’s anti-tariff ad campaign airing in the U.S. “He thinks he can authorize tariffs wherever he wants, whenever he wants,” said Schwab, whose organization is representing the small businesses involved in the court challenge.

Could Canadian businesses get a refund?

The plaintiffs have not asked the Supreme Court to order a refund, but Timothy Meyer, an international business law professor at Duke University, said importers should be able to apply for one from U.S. Customs and Border Patrol for any tariffs deemed unlawful. 

That does not mean the Trump administration will make it easy—especially as U.S. tariff revenue rose to a record US$195 billion for the fiscal year that ended Sept. 30. The standard window to seek a refund for tariffs paid last spring might close too quickly, depending on when the ruling comes out. The administration could demand onerous documentation—or force claimants to go to court for it, Meyer said. “You’re going to want to really make sure you’ve been keeping records of the tariffs that you paid,” he said.

Another potential outcome: the Supreme Court rules that persistent trade deficits do not justify declaring a national emergency under IEEPA, but that the fentanyl crisis does. That would leave the 35 per cent tariffs on Canada in place while other countries get relief.

Gift the full article

Other tariffs

There are other ways for Trump to bring in tariffs if the court rules the IEEPA ones are unlawful, though they come with more oversight. The biggest for Canada: Section 232, which lets Trump tariff imports that an investigation by the Commerce Department finds to be a threat to national security.

Inu Manak, a senior fellow for international trade at the Council on Foreign Relations in Washington, D.C., said U.S. Commerce Secretary Howard Lutnick announced tariffs are on the way before launching, never mind completing such an investigation. “You can’t decide the remedy until you figure out what the problem is,” she said in an interview. “He’s basically been stretching the procedural limits of this statute in a way that I think could potentially have a court challenge on its own.”

#Canada-U.S. trade #Donald Trump #economy #National #tariffs #trade #U.S. Supreme Court

Sponsored Content

How to shift your workforce from AI experimentation to adoption

By Jessica Aftimus Rosa

The real-world economic offshoots of sovereign AI

By Deborah Aarts
Illustration of a plane flying above a mailbox

Increasing healthcare access across Canada

By Deborah Aarts
Paid promotional content

Loading...

Thanks for sharing!

You have shared 5 articles this month and reached the maximum amount of shares available.

Close
This account has reached its share limit.

If you would like to purchase a sharing license please contact The Logic support at [email protected].

Close
Want to share this article?

Upgrade to all-access now

Close
Gift the full article!

You have gifted 0 article(s) this month and have 5 remaining.

Copy link and gift
Copy Link
Email to a friend
Send Email
Gift on Social Media

Recipients will be able to read the full text of the article after submitting their email address. They will not have access to other articles or subscriber benefits.

A shot of the iconic portico of the U.S. Supreme Court Building, with its Corinthian columns. There is an American flag flying in the foreground.

Photo: Getty Images/Anna Moneymaker

Most Popular This Week

News

Canada-U.K. digital trade is set to grow under new phase of Pacific Rim trade pact

By Joanna Smith
Christian Weedbrook stands in a vacant warehouse next to a Canadian flag at a podium labelled for the Strategic Response Fund.
News

Xanadu gets $195M from federal government to build a quantum computer factory in Toronto

By Murad Hemmadi
A ground-level shot of a tractor pulling a potato harvester that drops the potatoes into a truck driving alongside it.
Analysis

Canada’s counter-tariffs would hit the Prairies hard, trade data shows

By Joanna Smith
People stand in large room split into several aisles by banners promoting startups. A video screen on the back wall has the logo for the CDL Super Session on it.
News

The Creative Destruction Lab is using data to reveal what makes startups successful

By Murad Hemmadi

In-depth, agenda-setting reporting

Great journalism delivered straight to your inbox.

A shot across an expanse of low forest of a rocket launching into blue skies.
News

People hired to promote Canadian rocket firm didn’t actually help, company alleges in lawsuit defence

By David Reevely

Briefing

New 100% U.S. tariffs on drones take effect, hitting Canadian industry

By David Reevely   |   Sep 3, 2026

Solomon says Canada will stick with its own AI rules after U.S., tech giants push G20 not to regulate

By Murad Hemmadi   |   Sep 3, 2026

Ottawa defence supplier Allen-Vanguard put into receivership

By David Reevely   |   Sep 3, 2026

Best business newsletter in Canada

Get up to speed in minutes with insights and analysis on the most important stories of the day, every weekday.

Exclusive events

See the bigger picture with reporters and industry experts in subscriber-exclusive events.

Membership in The Logic Council

Membership provides access to our popular Slack channel, participation in subscriber surveys and invitations to exclusive events with our journalists and special guests.

Recent Popular Stories

News

Xanadu gets $195M from federal government to build a quantum computer factory in Toronto

By Murad Hemmadi   |   Aug 28, 2026
Christian Weedbrook stands in a vacant warehouse next to a Canadian flag at a podium labelled for the Strategic Response Fund.
News

Canadian investors are dumping U.S. government debt for American corporate bonds

By Chaimae Chouiekh   |   Aug 24, 2026
An image of tall buildings against a cloudy blue sky.
News

The Creative Destruction Lab is using data to reveal what makes startups successful

By Murad Hemmadi   |   Aug 27, 2026
People stand in large room split into several aisles by banners promoting startups. A video screen on the back wall has the logo for the CDL Super Session on it.
News

Canadian universities are still struggling to commercialize their research, new data shows

By Catherine McIntyre   |   Aug 25, 2026
Exterior of a University of Toronto building
Analysis

Canada’s counter-tariffs would hit the Prairies hard, trade data shows

By Joanna Smith   |   Aug 28, 2026
A ground-level shot of a tractor pulling a potato harvester that drops the potatoes into a truck driving alongside it.
News

Canada-U.K. digital trade is set to grow under new phase of Pacific Rim trade pact

By Joanna Smith   |   Sep 1, 2026

Canada's most influential executives and policymakers are reading The Logic

  • CPP Investments
  • Sun Life Financial
  • C100
  • Amazon
  • Telus
  • Mastercard
  • bdc
  • Shopify
  • Rogers
  • RBC
  • General Motors
  • MaRS
  • Government of Canada
  • Uber
  • Loblaw Companies Limited
logic-logo

Canada's Business and Tech Newsroom

100% human-crafted journalism

Newsroom

  • News Tips
  • AI Policy
  • Editorial Disclosures
  • Story Pitches

Company

  • About Us
  • Terms of Service
  • Privacy Statement
  • Corporate Information

Contact

  • Contact Us
  • Advertise
  • FAQs
  • Work at The Logic

© 2026 The Logic Inc. All Rights Reserved.

Trusted by leaders

Error

Account creation failed.

Please email us at [email protected].

Create Account

[wppb-register form_name=”cozmo-registration-form-for-modal”]

I do have an account
Login
or

[wppb-login]

I don’t have an account