A maple leaf amongst a circle of stars
The concept of Canada joining the EU has been floating around since the European Union (EU) State of the Union address on Sept. 16, in Strasbourg, France. In her address, Ursula von der Leyen, president of the EU, singled out Prime Minister Mark Carney, whom she invited, stating she would like to work on “opening the door for Canada to be the first associate member of the EU.”
Within Leyen’s speech, she acknowledged Carney’s presence at the address as a “symbol of the enduring friendship.” Leyen continued, saying the EU wants to bring “the relationship with Canada to the highest level possible.” In response to this proposition, Carney rose from his seat, hugged Leyen, before waving to the room and returning to his seat.
In a press release from the prime minister’s office following the address, it was noted that Carney and von der Leyen would stay in close contact. “The Prime Minister welcomed the President’s proposal for Canada and the EU to move beyond the Canada-EU Comprehensive Economic and Trade Agreement (CETA) to a far stronger, more ambitious alliance in the future,” the release reads. “This is a unique approach that they will define together – an approach that builds on complementary strengths and is grounded by shared values.”
Carney publicly showed his support for the proposed alliance in an address to the EU the next day, stating, “Canada welcomes this ambition.” Carney said this alliance will deepen and widen Canada’s relationship with the EU, creating opportunity and ensuring mutual sovereignty and prosperity.
Many questions have been presented concerning what the status of an associate member could entail, as associate member is not a current legal designation. According to the EU legal doctrine, the Treaty of the European Union, Article 49, “any European state” may apply to become a member, automatically disqualifying Canada from full member status due to continental divide. This does not disqualify a further trade relationship, aligning with the Treaty on the Functioning of the European Union (TFEU) Article 217, which allows the EU to establish an association with one or more states.
Edmarverson A. Santos, founder of Diplomacy and Law, an independent research and publishing platform, wrote that “selected EU rules could require procedures for updating those rules, supervising compliance, and resolving disputes,” as set out in Article 26 of the trade regulations. This would be similar to how other EU trading countries, such as Norway and Iceland, participate. Membership could also “facilitate regulatory dialogue or technical cooperation without automatically exempting Canadian businesses from EU legislation,” Santos wrote.
In terms of work permits, Canada becoming an associate member does not entitle Canadians to live and work throughout the EU without a permit. Article 20 of the TFEU outlines that individuals who are nationals of an EU member state are able to move and work freely in the EU.
According to CBC, Canada’s growing relationship with the EU is in part a product of the ongoing trade war with the United States and the threats to Canadian sovereignty. Carney, in his address to the EU, mentioned this by stating the proposed alliance with the EU is an effort to “pursue resilience,” making sure that no one can control Canada’s open markets, impair Canada’s sovereignty, or undermine Canada’s democracies and rule of law.