ARTICLE
13 August 2026

Canada’s Defence Industrial Strategy (2026): Practical Legal Considerations For Counsel And Industry Series

ML
McKercher LLP

Contributor

McKercher LLP is a full-service law firm with offices in Saskatchewan, Canada with roots tracing back to 1926. With over 70 lawyers and locations in both Saskatoon and Regina, we have played an integral role in Saskatchewan’s most significant commercial projects and have led litigation cases that have shaped Canadian law.
Canada's Defence Industrial Strategy marks a fundamental shift in defence procurement, linking national security with industrial capacity, supply chains, and workforce development. This three-part series examines the legal and business implications for organizations in defence and dual-use sectors, covering procurement frameworks, intellectual property considerations, and contract lifecycle management.
Canada Government, Public Sector
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Series Introduction

This series will explain why Canada’s Defence Industrial Strategy (“DIS”) represents a significant shift in how Canada plans, procures, and sustains its defence capabilities. By linking national security and defence readiness with broader goals such as industrial capacity, domestic supply chains, intellectual property, exports, workforce development, and partnerships, the DIS expands procurement beyond a traditionally limited focus on cost. This three-part series explores the resulting legal and business implications for organizations operating in defence, defence-adjacent, and dual-use sectors.

Series at a Glance

Part 1: Canada’s Defence Industrial Strategy: What Changes for Lawyers and Industry

In the first part, authors outline the DIS’s five pillars, its ten-year policy direction, and the Defence Investment Agency’s emerging role, emphasizing the importance of ensuring appropriate governance, security readiness, intellectual property ownership, and strategic partnerships.

Read Part 1

Part 2:Build-Partner-Buy in Practice: Procurement, Deals, and IP Under the Defence Industrial Strategy

The second part of this series examines the practical application of the Build-Partner-Buy framework, including its impact on procurement pathways, bid evaluation, sustainment obligations, deal structures, and the treatment of intellectual property and commercialization rights.

Read Part 2

Part 3: Readiness, Supply Chains, and Domestic Partnerships: Managing Beyond the Bid

Lastly, part three focuses on the legal and commercial structures needed throughout the defence contract lifecycle, including organizational readiness, SME participation, supply chain assurance, continuity obligations, and Indigenous and Arctic partnerships.

Read Part 3

Final Thoughts

The series highlights how early, integrated legal advice can help businesses strengthen competitiveness, manage compliance, and support long-term success in Canada’s evolving defence sector.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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