INTERNAL TRADE
Procurement—Judicial review of Canadian International Trade Tribunal (CITT) decision ([2005] C.I.T.T. No. 33 (QL)) upholding two procurement complaints by respondent relating to purchase of replacement components for installation in Information System on Marine Navigation—Whether Public Works and Government Services Canada (PWGSC) breaching articles of Agreement on Internal Trade (AIT) by limiting replacement components to specific manufacturers—AIT allowing for exceptions for legitimate operational objectives to principle of non-discrimination between suppliers or goods in government procurement—PWGSC meeting burden of proving legitimate operational objectives—No evidence specification of particular products done for purpose of avoiding competition, discriminating between suppliers—Application allowed.
Canada (Attorney General) v. Trust Business Systems (A-278-05, 2007 FCA 89, Malone J.A., judgment dated 6/3/07, 21 pp.)