Just Watch Me, Canadian Competition Law Review 2025

Kate McNeece co-authored the article "Just Watch Me: Procedural Fairness Under the Investment Canada Act's National Security Regime" for Canadian Competition Law Review 2025. This article investigates the administrative law basis for offering more fulsome reasons in Investment Canada Act national security reviews.

In Canada, we have a (relatively) new formal national security mitigation regime, a new ISI Minister, and a new economic and security reality given the changing political dynamics in the US. Now is the time to consider both the legal basis for offering investors greater insight into why a national security review is being ordered, and the practical justification for doing so to facilitate increased ability to mitigate national security concerns in partnership with investors (rather than being stuck with a binary block/don't block decision).

To read the full article, click here.