In an interview with The Globe and Mail, U.S. Senator Tim Kaine called the case for tariffs on Canadian goods 'specious.' Mr. Kaine speaks to members of the media at the U.S. Capitol, in on March 12.Nathan Howard/Reuters
U.S. Senator Tim Kaine is leading a challenge to the White House’s justification for imposing tariffs on goods from Canada, arguing that the Trump administration created a “fake emergency” over Canadian fentanyl as a means to bypass congressional oversight.
The 2016 Democratic nominee for vice-president is forcing a Senate vote in a bid to block the powers President Donald Trump invoked when he declared a national emergency at the northern border on Feb. 1. In his executive order, Mr. Trump said the flow of illicit drugs from Canada constituted an “unusual and extraordinary threat” requiring expanded executive authority to impose tariffs.
The vote, slated for April 1, faces an uphill climb in the Republican-controlled chamber. Still, Mr. Kaine said it is significant because it will force his fellow senators to make clear to the White House – and to Americans – where they stand.
In an interview with The Globe and Mail, he called the case for tariffs on Canadian goods “specious,” noting that only a tiny fraction of the illicit fentanyl seized in American territory comes from Canada.
“I’m challenging the President’s assertion that there’s a Canadian fentanyl problem because we should be truthful and not lie to people,” said the Virginia senator, who was Hillary Clinton’s running mate almost a decade ago. “Canada is not an adversary, it’s an ally. And tariffs are going to hurt Virginians and Americans badly.”
Citing U.S. Customs and Border Protection data, the White House has repeatedly asserted that 43 pounds of fentanyl was intercepted at the northern border last fiscal year, marking a “massive 2,050-per-cent increase” compared with the year prior. A Globe investigation published in February, however, found that the seizure figures are misleading and that authorities traced at least a third of the 43-pound tally to Mexico.
“There is absolutely a fentanyl crisis in America, but judging by The Globe and Mail’s reporting, Canada is not a significant source of fentanyl,” Democratic Senator Chris Coons, who is a co-sponsor of the Senate resolution, said in an e-mailed statement. The Delaware senator noted that Canada is his state’s top trading partner and that he has received “high call volumes” from constituents who oppose the tariffs.
Mr. Kaine echoed those comments, saying that “even at 43 pounds it wasn’t really an emergency.” He noted that the U.S. intelligence community’s annual threat assessment, which was released last week, doesn’t mention Canada. Instead, it underscores the role of Mexican drug cartels in the toxic drug crisis. Roughly 21,100 pounds of the synthetic opioid was seized at the southern border with Mexico in fiscal year 2024.
“They’re lying to create a fake emergency so they can get something done that’s completely unrelated to the declared purpose,” Mr. Kaine said.
Were it not for Mr. Trump’s invoking of the International Emergency Economic Powers Act (IEEPA), he would not have had the ability to swiftly impose tariffs without congressional approval.
Mr. Kaine’s resolution to terminate the emergency and undo the tariffs would need bipartisan support to pass the Senate. The resolution was co-sponsored on March 11 by several Democratic senators, as well as by Independent Senator Angus King.
But just last week, a new name was added to the list of co-sponsors: Republican Senator Rand Paul. Even before Mr. Trump was elected last year, Mr. Paul had been outspoken about the need to rein in expanded presidential powers invoked in the name of what he calls “self-declared emergencies.” He is also a staunch supporter of free markets.
If the resolution passes the Senate, it’s not guaranteed to go before the House of Representatives because of a vote earlier this month that effectively blocked a challenge to Mr. Trump’s tariff’s in that chamber. In addition, the President has veto power. (Congress could override a veto with a two-thirds vote in each of the chambers.)
The U.S. President has also cited fentanyl trafficking as a reason to impose tariffs against other countries, such as China and Mexico, but Mr. Kaine said he takes particular issue with the targeting of Canada under IEEPA, a 1977 statute that evolved from a law dating back to the First World War.
“The IEEPA law was designed to be used against enemies – dictators, hostile regimes, cartels,” Mr. Kaine said. “I strongly object to the notion that we should use IEEPA powers against friends.”
White House spokesman Kush Desai defended the President’s declaration of an emergency at the northern border, saying the government is committed to tackling the toxic drug crisis. “This administration’s comprehensive, whole-of-government approach to stemming the flow of fentanyl over our borders is indicative of that commitment,” he said in an e-mail.
Mr. Kaine said he is hopeful that some Republican senators will break rank with the President and vote in favour of the resolution, amid pressure from constituents who are feeling the economic pain of the trade war and worry about the likelihood of reciprocal tariffs on April 2. Several American trade groups have come out in support of the Senate resolution, including the AFL-CIO, which is the largest labour federation in the United States with 12.5 million members.
Mr. Kaine spoke with The Globe on his way to meet with craft distillers in Virginia as part of his travels throughout the state to hear concerns from local businesses. There is anxiety among business owners, he said, given that Canada is the state’s largest trading partner. Virginia exports US$3.4-billion in goods to Canada annually, and imports roughly the same from Canada.
David Cuttino, the founder and CEO of the Reservoir Distillery, said import taxes have already affected his business with Canadian customers.
Mr. Cuttino, who met with Mr. Kaine last week, provided The Globe with an e-mail he received in early March from his distributor in Alberta. The e-mail noted that the province had halted the sale of American liquor products in response to the tariffs on Canadian goods. The distributor said Canadians are “furious” and warned that it will be very difficult for American businesses to regain their footing with consumers north of their border.
“The market may be out of reach for us for many years,” Mr. Cuttino said. Regardless of whether the forthcoming Senate vote is successful, he said there is merit in forcing elected officials to take a public position on the matter. “Somebody has to speak up and say something,” he said.
Scott Harris, co-founder and general manager of Virginia’s Catoctin Creek Distillery, said he had been in talks with distributors in Quebec to get his whisky onto shelves there, but the deal fell through because of the tariffs and the “anti-Canadian” rhetoric that is “poisoning” the relationship between the two countries.
“I would hope that at least a handful of Republicans get on board and support [the resolution],” he said.
Mr. Kaine acknowledged that Mr. Trump’s pronouncements about making Canada the 51st state “probably sound really loud on the Canadian side of the border.” That kind of threatening language, he said, requires that American lawmakers get loud, too.
“It can take months to get meaningful Republican opposition to Trump policies,” Mr. Kaine said. “But on this one, the tariffs are so unpopular in this country, and in particular the anti-Canadian rhetoric and anti-Canadian action. We don’t want Canadians to think Americans don’t value this partnership. Because we do.”