Home > Lawyers > Lawyer Profile Detail

Lawyer Profile Detail


Brenda C. Swick

TITLE

Partner

AREA OF EXPERTISE

Arbitration
Clean Technology
Energy
Environmental
International Trade & Investment Law
Mining
Power
Public Law

OFFICE

Ottawa

DIRECT LINE

613-238-2135

E-MAIL

bswick@mccarthy.ca

LAW SCHOOL

Queen's University

BAR ADMISSION

Ontario, 1987




Biography

Brenda C. Swick is a partner in our Litigation Group and a member of the firm’s International Trade and Investment Law Group. She has considerable experience in litigation before the Federal Court and administrative agencies, and was formerly legal counsel with the Canadian International Trade Tribunal.

She advises clients regularly with respect to:

  • all aspects of federal, provincial and municipal government contracting in Canada, including teaming agreements, strategic planning, bid preparation, contract negotiation, regulatory compliance, contract audits, bid challenges and litigation;
  • advised government and private sector clients and represented clients in several of the largest dollar-value procurements in Canada over the past decade. She was formerly legal counsel to the bid contracting authority in Canada, the Canadian International Trade Tribunal;
  • export controls and economic sanctions;
  • federal and provincial regulatory matters, specifically in federally regulated matters, including competition, health, agricultural and consumer products regulation, food, drug, cosmetic and consumer product recalls, transportation, privacy, records management and access to information;
  • trade remedies, including anti-dumping, countervailing or safeguard duties; investment arbitration, including investor-state claims under Chapter 11 of the North American Free Trade Agreement (NAFTA);
  • customs law, enforcement and compliance; and
  • bilateral and multilateral trade agreements and dispute resolution under the NAFTA and the World Trade Organization (WTO).
  • She has represented clients in WTO dispute settlement proceedings and in numerous anti-dumping and countervailing duty investigations in Canada, and before bi-national panels established under Chapter 19 of the NAFTA. Ms. Swick also sits as one of the panellists appointed by the Government of Canada to review duty determinations under Chapter 19 of the NAFTA.

Her recent retainers include:

  • representing a major telecommunications service provider and successful bidder in a challenge of a contact award before the Federal Court of Canada;
  • representing a supplier of networking equipment in a challenge of the RFP before the CITT and Federal Court;
  • representing a dairy processor with respect to Canadian and provincial regulatory and supply management issues;
  • representing a major supplier of military equipment in a public procurement and in subsequent transactions subject to Canadian and US economic sanctions and export controls;
  • representing a major global food producer in compliance matters with the Canadian Food Inspection Agency;
  • representing an exporter of value-added softwood lumber in a challenge before the Tax Court of Canada regarding the value of the export charge;
  • representing a major softwood lumber producer association in Québec in the Canada-United States Softwood Lumber dispute, including all related proceedings before the WTO, NAFTA and US domestic courts;
  • acting for a major automobile producer in the WTO dispute regarding the legality of the Canadian Auto Pact;
  • representing clients in various bilateral trade negotiations between Canada and other countries to ensure that their interests are protected and promoted;
  • representing the Government of Chile in the negotiations for the Canada-Chile Free Trade Agreement;
  • representing the Commissioner of Competition in the trade remedy dispute regarding imports of baby food from the United States, including proceedings before a binational panel under Chapter 19 of the NAFTA;
  • acting for a major importer and user in the anti-dumping and countervailing duty case regarding Grain Corn from the United States;
  • acting for a major exporter and importer of baby food in Canadian anti-dumping proceedings including review before the Federal Court and binational panel under Chapter 19 of the NAFTA;
  • representing a global food supplier in obtaining relaxation of container standards for products exported from the United States, including representations before Canadian and US trade, customs and agricultural authorities;
  • representing a major pharmaceutical company before the CBSA and Federal Court in regard to a NAFTA tariff classification and rules of origin verification;
  • representing softwood exporters and in obtaining export and import permits, and quota, from Canadian authorities; and
  • representing a major financial institution regarding the application of foreign extraterritorial blocking measures.

Ms. Swick is recognized as a leader in the field of international trade law in the Chambers Global directory. She also appears in the 2006-2010 editions of Chambers Global: The World’s Leading Lawyers for Business, as a leading lawyer in the area of WTO /international trade. Ms. Swick received a CV Peer Review Rating in the 2008 Lexis-Nexis Martindale Hubbell Peer Review Ratings.

She is Vice-Chair of the Trade Law Committee of the International Bar Association, and past chair of the International Law Section of the Canadian Bar Association. She is a member of the American Bar Association, International Law Association and American Society of International Law.

Ms. Swick is a member of the Board of Editors of Regulatory Boards and Administrative Law Litigation and a contributing editor to the North American Corporate Lawyer.

She is a frequent speaker and the author of numerous published articles on federal regulatory law and international trade. She is a member of the Board of the Canadian Institute of Child Health.

Ms. Swick received her Bachelor of Social Sciences (Honours, Economics) in 1981, and Bachelor of Law from Queen’s University in 1985. She was awarded the David Sabbath Prize for the Taxation of Trusts and Estates. She was called to the Ontario bar in 1987.

Publications and Conferences
  • Speaker, "Interprovincial Trade Disputes and Canada-U.S. Trade", 2010 International Law Conference: The Future of Canada-U.S. Cross Border Relations, Vancouver, May 6-7, 2010.
  • Speaker, "Conflict Issues in International Trade", International Corporate Compliance Program, Center for American and International Law, Dallas, Texas, May 4, 2010.
  • Speaker, "Privacy Matters: Understanding Privacy and Disclosure Issues in Public Procurement", Essentials of Public Construction Procurement, Ottawa, April 27, 2010.
  • Speaker, "Understanding the Impact of the Trade Agreements on Public Construction Procurement to Ensure Maximum Compliance", Essentials of Public Construction Procurement, Ottawa, April 26, 2010.
  • "Understanding the Impact of the Trade Agreements on Public Construction Procurement to Ensure Maximum Compliance," Essentials of Public Procurement, Ottawa, Ontario, April 26-27, 2010.
  • Joanna Rosengarten and Brenda Swick, "Submission to the Commission for Environmental Cooperation Alleging Failure to Enforce the Fisheries Act with Respect to the Oil Sands Tailing Ponds," April 19, 2010.
  • Quoted in "Canada-U.S. border route ‘thickening’," by Julius Melnitzer. The Financial Post, February 17, 2010: http://www.financialpost.com/related/topics/story.html?id=2573704
  • Guest panelist at the Roadmap to Recovery Summit, Ottawa, Ontario, February 2, 2010.
  • Foreign Bidders on Canadian Federal Contracts Lose the Protections of the Agreement on Internal Trade, McCarthy Tétrault Legal Update, November 30, 2009.
  • Panelist at the Canadian International Council conference, "Foreign Policy Camp" at Simon Fraser University, November 30, 2009.
  • "Issues facing women in law," Career Women Interaction, 2009 Conference Series, Ottawa, Ontario, March 24, 2009.
  • Quoted in "Obama commits to growing trade between Canada and the United States," by Julian Beltrame. The Canadian Press, February 19, 2009: http://www.cftktv.com/news/13/879394
  • "Recent Developments: the WTO TRIPS Agreement," Abbott Patent Day, Abbott Park, Illinois, October 27, 2008.
  • "Canadian and US Export Controls," Ottawa-Carleton Research Institute, Ottawa, Ontario, October 24, 2008.
  • "Exports Controls: From a Canadian Perspective," International Bar Association Conference Panel Session, Buenos Aires, Argentina, October 16, 2008.
  • "International Trade Update: What’s Hot and What’s Not for Companies Seeking to Protect and Promote Their Interest at Home and Abroad," Treasury Management Association of Canada, Ottawa, Ontario, February 21, 2007.
  • "A Comparative View of Counterfeiting Issues," American Bar Association, Section of International Law Fall Meeting, Miami, Florida, November 10, 2006.
  • "Trade and Natural Resources - What is Adequate Remuneration and Why Does it Matter?" Trade and Customs Committee, International Bar Association Annual Meeting, Chicago, Illinois, September 20, 2006.
  • "The WTO Rules on Genetically Modified Organisms", McCarthy Tétrault Legal Update, May 2006.
  • "Are You Ready for Customs Compliance Audits?", McCarthy Tétrault Co-Counsel, Business Law Quarterly, Volume 1, Issue 2, April 2006.
  • "Canadian Border Services Agency (CBSA) Update," Customs Compliance—Ninth Annual Conference, February 16-17, 2006, Toronto, Ontario.
  • "International Trade Regulation Seminar: The Softwood Lumber Dispute," CBA Mid-Winter Meeting of Council, February 16-19, 2006, Cancun, Mexico.
  • "The Appellate Body's ‘Judicial Activism’ in Implementation, Arbitration and Compliance 2005, Ten Years of Dispute Settlement in The World Trade Organization Commentary and Analysis from the Trade and Customs Law Committee of the International Bar Association."
  • "Impact of Regional Free Trade Agreements on Business," IBA Annual General Meeting, Prague, September 27, 2005.
  • "Canadian Government Seeks Input to Further Liberalize the NAFTA Rules of Origin", McCarthy Tétrault Legal Update, July 4, 2005.
  • "New Reporting of Exported Goods Regulations", McCarthy Tétrault Legal Update, June 13, 2005.
  • "Government of Canada Proposes Customs Duty Increase on Targeted EU Goods", McCarthy Tétrault Legal Update, June 1, 2005.
  • "Key Trade and Investment Law Issues Between Canada and China," Canada-China Trade Policy Coordination and Consultation Study Tour, Centre for Trade Policy and Law, Carleton University, Ottawa, Ontario, May 12, 2005.
  • "Canada Retaliates with 15 Per Cent Surtax on Targeted US Goods", McCarthy Tétrault Legal Update, March 31, 2005.
  • "Significant Developments in International Trade and Customs Law," 56th Annual Canadian Tax Foundation Conference, Toronto, Ontario, September 25-28, 2004.
  • "Preliminary comments on Bill C-9 ― Canada’s Proposal to Implement Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health of August 30, 2003 and Canada’s Obligations under TRIPS and NAFTA," 3rd Annual Drug Patents Conference, March 29-30, 2004, Toronto; "Aboriginal Voices in International Dispute Settlement," presented at Despite State Borders: The Evolving Importance of International Law and Institutions to Indigenous Peoples and their Public and Private Partners, Canadian Bar Association Continuing Legal Education, Montréal, Québec, April 2, 2004.
  • Opening Remarks, Canadian Bar Association 4th Annual International Law CLE Conference, Ottawa, Ontario, June 5-6, 2003.
  • "Pathways to Employment in International Law," presentation to American Bar Association, Washington, D.C. , May 7-10, 2003.
  • "Softwood Lumber: The Next Generation," presentation to Canadian Bar Association (Ontario), May 2003, Toronto, Ontario.
  • "Trade and Terrorism," Canadian Bar Association Annual General Meeting, August 13, 2002, London, Ontario.
  • "WTO and Non-Governmental Organizations," CILG, June 12, 2002, Cleveland, Ohio.
  • "Pharmaceuticals and the WTO: New Challenges Ahead," Lalive & Partners and Ogilvy Renault, February 5, 2002.
  • "GMOs & International Trade," Estey Centre for Law and Economics in International Trade, August 2001, Saskatoon, Saskatchewan.
  • "Non-Governmental Organizations and the World Trade Organization," American Bar Association Annual Meeting, August 2001, Chicago, Illinois.
  • "Recent Developments in the WTO Compliance Process," International Law Section of the American Bar Association, January 2001, Washington, D.C.
  • "WTO Dispute Settlement: How it affects your business," Ogilvy Renault presentation to clients in Montréal, Québec (May 2000) and Toronto, Ontario (October 2000).
  • Presentation to the Young Women’s Career Conference, March 8, 1999, Ottawa, Ontario.
  • "Customs Compliance and Enforcement: Is your company prepared for the new administrative monetary penalty system?" January 1999, Montréal, Québec.
  • "Using the WTO: Not Just Trade Anymore. How can private parties trigger WTO dispute resolution?" ABA Annual Meeting, August 1998, Toronto, Ontario.
  • "Using the WTO: Not Just Trade Anymore, Regulatory Standards: Agreement on the application of Sanitary and Phytosanitary Measures and Agreement on Technical Barriers to Trade," ABA Annual Meeting, August 1998, Toronto, Ontario.
  • "Canadian Practitioners’ Perspective on Sanctions and Trade Controls," presentation to Stetson University College of Law, Florida, November 1997.
  • "Preprésenter l’importateur auprès du tribunal canadien du commerce extérieur," presentation à la conference Conseiller l’entreprise importatrice, Colloque organize par la SDIE pour le Service de la formation permanente du Barreau du Québec, le 23 mai 1997, Montréal, Québec.
  • "Understanding the Limitations and Benefits of International Trade Agreements," presentation to the conference "A Guide for Canadian Exporters: A Practical Course," hosted by Infonex Inc., April 8, 1997, Toronto, Ontario.
  • "Benefiting from Changes in Valuation," presentation to the conference "Customs Regulation and Administration: A Strategic Update," hosted by Infonex Inc., January 21, 1997, Toronto, Ontario.
  • "Recent Changes to Canada-United-States Law regarding Customs and Compliance: What you need to know as an importer," presentation hosted by Ogilvy Renault and Livingston Trade Services, November 21, 1996, Montréal, Québec.
  • "An Overview of Anti-Dumping Law in Canada and Canada’s Implementation of the GATT/WTO Anti-Dumping Agreement" and "Canada’s Use of the Safeguard Remedy," presented at the Anti-Dumping Symposium in Taipei, Taiwan and Beijing, PRC, May 15-19, 1995 and hosted by the Direction Law Office and MOFTEC.
  • "Customs Valuation: How to Use the Transaction Method Correctly, and Key Valuation Issues," presentation to the conference Transfer Pricing: How to Satisfy the IRS, Canada and US Customs, Canadian Importers’ Association, February 28, 1995, Toronto, Ontario.
  • "Recent Sale for Export Ruling Upheld," Import Week, Vol. 99, No. 5, February 8, 1995.
  • "Trade Remedies in Canada," presentation to the Annual Meeting of the Brazil-Canada Chamber of Commerce, November 29, 1994, Toronto, Ontario.
  • "Relief Now Available on Textile Inputs," Import Week, vol. 98, No. 17, October 26, 1994.
  • "Of Historical Significance," Canadian Transportation Logistics, June 1994, p.30.
  • "C.I.T.T. To Review Canadian Government Procurement," Importworld, 1994, pp 36-39.
  • "Changing Times at Canada Customs," Canadian Transportation Logistics, Vol. 96, Issue: 12 (Dec. 1993) p.30.
  • "Canadian Anti-Dumping Investigations," Italy Canada Trade, Vol. 32, Dec. 1993, p.31.
  • "Controlled Trade with South Africa: Some relief in sight?" Import Week, Vol. 96, No. 12, September 22, 1993.
  • "Inquiry into the Allocation of Import Quotas," Canada-U.S. Trade, Vol. 5, No. 7 (Sept/Oct, 1992).
  • "Canadian International Trade Update," Canada-U.S. Business Law Review, Vol. 5, No. 2, pp. 187-197.
  • "Recent International Trade Law Developments," Canada–U.S. Business Law Review, Vol. 5, No. 1, pp. 79-97.
  • "Competition Principles and Trade Remedy Laws—In Whose interest?" Centre for Trade Policy and Law, 1992.
  • "Canadian International Trade Developments," Review of International Business Law, Vol. 3, No. 3, pp. 343-358.
  • "Canada-U.S.-Mexico free Trade," Canada-U.S. Free Trade, Richard De Boo Publications, Vol. 3, No. 10 (Nov/Dec, 1990).
  • "A Comparison of Canadian and American Competition Law under the FTA," Canada-U.S. Trade, Vol. 2, No. 10 (Nov/Dec, 1989).
  • "Competition Law in a Free Trade Environment," CBAO, Sept. 25, 1989.
  • "The Effect on Competition Law," The Free Trade Agreement: What Those Interested in Business Law Need to Know, Law Society of Upper Canada, June 15, 1989.
  • "Keeping up with the FTA: Issues, Changes and Challenges," Canada-U.S. Trade, Vol. 2, No. 2 (Feb. 1989).
  • "Canadian International Trade Update," Canada-U.S. Business Law Review, Vol. 5, No. 2, pp. 187-197.
  • "Recent International Trade Law Developments," Canada-U.S. Business Law Review, Vol. 5, No. 1, pp. 79-97.
  • "Canadian International Trade Developments," Review of International Business Law, Vol. 3, No. 3, pp. 343-358.

Transactions & Cases

view more / close /

Publications

view more / close /

News

view more / close /

Our Firm

 
McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City and London, UK.
read /