I spent the better part of fifty years leading negotiations, resulting in dozens, if not more, agreements. None of them ended in failure or even a rejected agreement once a settlement was reached at the bargaining table. There were two immutable conditions underpinning those negotiations: both parties had an interest in reaching an agreement; and certainty that, once reached, an agreement would be honoured even when the outcomes might prove different from what was originally contemplated. The other significant element was that the parties had continuing relationships that predated the agreements and would continue after. This experience makes it particularly frustrating for me when I encounter other types of negotiations, for example when I’m trying to buy a car and the salesperson always goes upstairs with what I think has been agreed to only to regretfully inform me that someone in higher authority has said “no” and I will have to increase my offer. Same thing selling or buying real estate. Part of me always feels the other party is bargaining in bad faith when, in fact, I’m engaged in a type of negotiation completely different from what I’m most familiar with. It’s important to keep this in mind when confronted with other, unconventional negotiating styles such as that of the U.S. government today, and not to react in anything but a calm and thoughtful way. The simple fact is they will do what they will do to paraphrase an old negotiating colleague of mine and there’s very little we can do to control that. We must continuously focus on what we can control, a message the Prime Minister is wisely repeating over and over.
Negotiations between the U.S. and Canada are currently at an impasse because of Donald Trump’s tantrum over an Ontario ad that played in America and that quoted President Ronald Reagan decrying the use of tariffs. At least that’s the official version although it really doesn’t hold water and it’s more likely the Americans were simply looking for an excuse to stop the negotiations to bring more pressure to bear on Canada. This “pause” is a good time for Canada to consider whether there’s any point in pursuing an agreement at all with America today? I raise this as someone who has supported closer economic integration between Canada and the U.S. since the 1960’s with the then Canada/U.S. Auto Pact. With the benefit of hindsight all the free trade agreements that followed led Canada into an increasingly vulnerable position until we find ourselves where we are today. They were a mistake. John Turner was right and Brian Mulroney was wrong.
These negotiations should mostly fit in the mold of the negotiations I’ve engaged in so the first task is to see whether the underlying conditions for agreement exist now or in the future? Do the Americans believe it is in their best interest to reach an agreement with Canada? To listen to the President and some of his Cabinet, it would seem the answer is “no”, at least for any agreement that would do anything other than impose greater disadvantages upon Canada. Many will say “well, they don’t really mean what they’re saying” but, after nine months of this administration, is that really credible? Yes, the Americans need Canada for many things including oil, potash, steel, lumber and aluminum but there are powerful lobbies in America where the costs of forgoing at least the steel, lumber and aluminum are outweighed by the increased profits resulting from the tariffs for those vested interests. In other words, the American people be damned as long as the select industries can increase their wealth even if it means increased costs for American consumers.
But, quite apart from what Canadians may believe to be in America’s best interests, it’s been my experience to usually believe what the other side is saying even when it seems to contradict common sense or known facts. It’s their beliefs that count, nothing more. Of course that encounters push back when dealing with a serial liar which President Trump has proven to be but, hidden in whatever obfuscation he’s launching on any given day, there are surely grains of evidence of what’s really going on.
There is one area where the Americans have been consistent and where they are proceeding to strip Canada of its industrial capacity and that’s the auto industry. This strikes close to home for me. I worked for the UAW in Windsor/Detroit in 1971, just a few years after the Canada/US auto pact had been agreed to and as the countries’ two auto industries were moving to full integration in response to what was considered an existential threat from Japanese, and to a lesser extent, German auto makers. And that’s why today’s North American auto industry is so closely integrated and why Donald Trump’s dismantling of that, complete with tariff walls and eschewing the move to electric vehicles, is going to leave that industry a stranded albatross that is increasingly uncompetitive and dying. It will be rough, but Canada must use this moment to find new auto maker partners and position itself as a global leader in new automobile technologies. The alternative is a complete hollowing out of Canada’s auto industry, one that goes back a century, with dire negative economic consequences for communities in southern Ontario and Quebec.
Aside from autos, the tariffs are weighing heavily on softwood lumber in B.C., Quebec and the Maritimes. Aluminum tariffs are negatively impacting Quebec and B.C. while the steel tariffs are mostly affecting Ontario. In other words, vast areas of Canada are having economic warfare waged against them and there’s little reason to think any agreement will result in reliable relief.
So, I return to the question: do the Americans want an agreement with Canada? At this point I think the answer is probably “no” and that may also apply to the renewal of the Canada/US/Mexico free trade agreement. And it doesn’t matter what we think should be in their best interests or that they are mistaken. All that matters at this moment is what they believe. So, for starters, one of the two fundamental anchors for any successful negotiation is missing.
And that brings me to the second anchor. Even if there is some renewed interest from the Americans, can we ever truly believe they will honour any agreement they enter into? What is almost certain is that, after one too many Big Macs, Donald Trump will wake up in the middle of the night, turn on his computer and wreck chaos across the agreement landscape. He’s already done so repeatedly and specifically with Canada with his so-called fentanyl tariffs and there is no reason to believe he’s going to change in the final three years of his Presidency.
Just to complicate the conversation further, it’s clear the tariff stick is not just going to be used to address trade issues. Time and again, Trump is using it to meddle in other countries’ internal affairs, including Canada’s. We’ve already blinked once, on the digital services tax, so why wouldn’t he use it over and over again to influence Canadian domestic decisions. In fact, he already has with the Ontario anti tariff ads. This, of course, pales in comparison to what he’s doing tariffing Brazil because it has the temerity to prosecute its former President for attempting to foment a military coup after his election defeat, or his threatened tariffs agains Columbia after its President expressed concern over the bombing of boats in the Caribbean and Pacific.
So, what does Canada do now? Well, much of what it is already doing, although with a better understanding there may never be agreements with this administration and we can survive that. In negotiations theory we use a term “Best Alternative to a Negotiated Agreement”, or “BATNA” which basically means what it says. It’s one of the basic tools in preparing for and conducting a negotiation. It allows for a true comparison of any agreement on offer. Canada’s BATNA right now is pretty much what the Canadian government is doing. Respond to the threats and tantrums from down south with a firm “we’re ready to talk when the Americans are”, while getting on with the serious business of re-orienting Canada’s economy away from one dependent upon free trade with the United States. There will be increasing economic pain and it won’t be shared equally across the country but the federal and provincial governments can take steps to mitigate it and, most importantly, to ensure the rise of a new industrial base with displaced workers given first shot at participating in it.
Canada is a very special place and it’s worth doing whatever is necessary to ensure it endures and prospers. It’s just possible in ten years we may look back and thank Donald Trump for waking us up and starting us on yet another journey of nation building in The True North Strong and Free.
Just sayin
GH
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