Above Ground submitted the following post-hearing rebuttal comments to the Office of the United States Trade Representative following its determination that Canada has failed “to impose and effectively enforce a prohibition on the importation of goods produced with forced labour.”
The comments can be found on the USTR’s website here: USTR-2026-0265-00133467
Docket No. USTR-2026-0265
July 16, 2026
Office of the United States Trade Representative
600 17th Street NW
Washington, DC 20508
USA
Post-Hearing Rebuttal Comment:
Section 301 – Failure to Impose and Effectively Enforce a Prohibition on the
Importation of Goods Produced with Forced Labour
Dear Members of the Section 301 Committee,
Above Ground submits this rebuttal comment in response to testimony at the July 2026 public hearing in the Section 301 investigations, particularly the testimony concerning Canada’s enforcement of its forced labour import prohibition and the evidence on which the June 2026 Report relied in reaching its determination with respect to Canada.11
I. The interest of Above Ground in this proceeding
Above Ground has a direct and specific interest in this proceeding. Our 2021 publication, Creating Consequences: Canada’s Moment to Act on Slavery in Global Supply Chains, was the first comprehensive civil society analysis of Canada’s forced labour import prohibition and its enforcement. The USTR relied on that publication in its June 2026 Report on Section 301 Investigations and the accompanying Notice.
We write because Above Ground, as the author of Creating Consequences, has both a responsibility and a unique ability to say whether our work was used accurately. It is our opinion that it was not, and we would like to provide clarification.
II. The Report misuses Above Ground’s research to justify measures that we do not endorse
Our findings describe a Canadian enforcement record that has been slow, opaque and under-resourced. We do not defend the adequacy of Canada’s enforcement to date. However, Above Ground’s research was intended to urge efforts by the Government of Canada to strengthen enforcement, not to justify a new tariff on Canadian goods.
As we stated in our April 2026 submission to the USTR and our statement on the USTR determinations, Above Ground does not endorse the use of unilateral tariffs to pressure trading partners into stronger enforcement action. Among other concerns, a tariff on Canadian goods would not help address the upstream forced labour risks identified in our publications.
Above Ground’s objective is to improve workers’ lives by eliminating forced labour in global supply chains. To that end, we endorse a constructive, collaborative approach grounded in clear benchmarks, dialogue, technical assistance and meaningful consultation with labour unions and workers’ rights organizations.
III. Recommendations to strengthen Canada’s forced labour import prohibition
In June 2026, the Government of Canada tabled Bill C-35, An Act respecting the prohibition of the importation of goods produced by forced labour. This standalone legislation would replace the current prohibition, enable the designation of high-risk goods, require importers of listed goods to provide prescribed supply chain information, and expand detention authorities. We have stated publicly that Bill C-35 has the potential to significantly strengthen enforcement of Canada’s forced labour import prohibition, but its impact will depend on the content of regulations that have yet to be developed and on how the legislation is implemented.
To support the effective implementation of Bill C-35, we recommend, among other measures:
- Regular public reporting of enforcement data in a form that permits comparison across years and identifies the basis for detentions and determinations.
- Detention of goods where credible information indicates they were likely produced with forced labour, with release only where the importer can demonstrate otherwise.
- Sufficient investigative and enforcement capacity to enable Canadian authorities to act on credible information.
- Worker-centred remedy and verification mechanisms. Enforcement effectiveness should not be measured solely by the number of shipments detained at the border. Such an approach may fail to deliver meaningful improvements for affected workers and may push forced labour further out of sight. Verification mechanisms that are led by, or accountable to, affected workers are a more reliable basis for assessing compliance than audit-based assurance.
Our recommendations do not include imposing a punitive tariff on Canadian goods.
IV. Above us
Above Ground is a Canadian human rights and corporate accountability project. Since 2020, we have actively monitored the implementation of Canada’s forced labour import prohibition and promoted more effective enforcement action. We chair the Canadian Network for Corporate Accountability (CNCA) and are members of the Coalition Against Forced Labour in Trade (CAFLT) and the Global Initiative for Corporate Accountability (GICA).
Thank you for your consideration of these comments.
Karen Hamilton
Director, Above Ground