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Advertisement 2AdvertisementThis advertisement has not loaded yet, but your article continues below. Article contentBut the case centres on whether the legislation allows presidents to impose tariffs, which are not specifically mentioned in the act, not on what defines an emergency, said Wolfgang Alschner, a University of Ottawa professor of business and trade law.Article contentAnd even if the court strikes down Trump’s IEEPA tariffs, the effect on Canada will be limited, Alschner said.Article contentCanadian exports covered by the Canada-U.S.-Mexico free-trade agreement are exempted from those duties. Trump imposed the most damaging tariffs — on Canadian steel, aluminum and automobiles — under different legislation and they would not be affected by the court’s ruling, he said.Article contentStill, Trump’s use of IEEPA to impose any tariffs on Canada was always an eye-opener.Article content US President Donald Trump greets Canada’s Prime Minister Mark Carney during a summit on Gaza in Sharm el-Sheikh on October 13, 2025. Photo by Evan Vucci / POOL / AFPArticle contentHe even increased them to 35 per cent from 25 per cent in July, suggesting Ottawa was doing little to stymie fentanyl smuggling.Article content“Canada has failed to cooperate in curbing the ongoing flood of fentanyl and other illicit drugs,” the president said in an executive order, accusing Ottawa of “continued inaction and retaliation.”Article contentArticle contentBy then his own agency’s seizure numbers had already been falling for two months.Article contentThere was a brief surge in Fentanyl smuggling late this spring, according to U.S. Customs and Border Protection. The seizures soared from less than a tenth of a pound in March to 27 lbs in April and 32 lbs in May, before falling back to 3.6 pounds in June, with a further decrease in July, a slight bump up in August and another steep drop in September.Article contentKevin Brosseau, Canada’s new fentanyl czar, declined to comment in a statement on the American seizures, saying he would leave that to U.S. authorities. But he said Canada is working hard to secure the border, both for contraband leaving this country and entering it.Article content Canada’s fentanyl czar Kevin Brosseau, centre, looks on as Minister of Public Safety David McGuinty, left, speaks during a press conference following a tour of the Canada Border Services Agency Lansdowne port of entry in Lansdowne, Ont., on Wednesday, Feb. 12, 2025. Photo by Spencer Colby /The Canadian PressArticle content“Canada takes the fentanyl threat extremely seriously and we continue to strengthen our ability to detect, disrupt, and deter criminal activity,” he said. “We are also working closely with partners in the U.S., who have expressed appreciation for the clarity, scale, and intensity of Canada’s efforts and with whom we share Canada-U.S.-related enforcement intelligence in real time.”Article contentU.S. Customs and Border Patrol representatives could not be reached for comment, as the American government shutdown continues.Article contentOur website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.Article content Latest from Shopping Essentials Small-ship voyage through Croatia’s coast of vines uncorks the country's wine revival Cruising between Split and Dubrovnik, travellers discover how a nation rebuilt its vineyards — and its spirit — from the ground up 1 hour ago Travel The best Amazon Canada deals of the week: Home, tech and more Take advantage of these Amazon Canada deals before they're gone 1 hour ago Deals Roots releases its second ‘Wicked’ collection, and we couldn’t be happier The iconic Canadian brand is releasing its second limited-edition collection to celebrate the ‘Wicked: For Good’ movie 2 hours ago Lifestyle Advertisement 3Story continues belowThis advertisement has not loaded yet, but your article continues below. Our favourite cooking gear under $100: Editor-tested and approved Proof that you don’t have to break the bank to create delicious meals 22 hours ago Kitchen & Dining 5 fashion accessories to ward off the winter chill This season’s lineup goes beyond the basics to elevate even dressier looks. 23 hours ago Fashion & Beauty Featured Local Savings