Politics, pride, and precedent: The United States and Canada in the northwest passage

Ocean Development and International Law

Volumn 40, Issue 2, 2009, Pages 204-232

  Elliot Meisel, Elizabeth ^a  

^a CREIGHTON UNIVERSITY   (United States)

Author keywords

Arctic; Canada; International straits; Northwest Passage

Indexed keywords

CONFERENCE PROCEEDING; GLOBAL WARMING; INTERNATIONAL RELATIONS; NATIONALISM; REGIONAL SECURITY;

ARCTIC; CANADA; NORTH AMERICA; UNITED STATES;

EID: 70449448161     PISSN: 00908320     EISSN: 15210642     Source Type: Journal    
DOI: 10.1080/00908320902864813     Document Type: Article

References (171)

1. Franklin Delano Roosevelt, speech in Chautauqua, NY, 14 August 1936, Department of State, Press Releases, cited in Stanley Dziuban, Military Relations Between the United States and Canada, 1939-1945 (Washington, DC: Department of the Army, 1959), 3.
2. Franklin Delano Roosevelt as quoted in Robert M. Dawson, Canada in World Affairs: Two Years of War 1939-1941 (London: Oxford University Press, 1943), 307.
3. Mackenzie King, as quoted.
4. J. L. Granatstein, Who Killed the Canadian Military? (Toronto: Harper Canada, 2004), 38.
5. Jeff Tasseron, "Facts and Invariants: The Changing Context of Canadian Defence Policy," Canadian Military Journal 4 (2003): 20.
6. R. J. Sutherland, "The Strategic Significance of the Canadian Arctic," in The Arctic Frontier, ed. R. St. J. Macdonald (Toronto: University of Toronto Press, 1966), 256.
7. Interview with R. Gordon Robertson, former Clerk of the Privy Council and Secretary of the Cabinet, Ottawa, 13 January 1992.
8. C. P. Stacey, Arms, Men and Governments (Ottawa: The Queen's Printer for Canada, 1970), 339.
9. Canada Treaty Series, 1940, No.
10. H. L. Keenleyside, "The Canada-US Permanent Joint Board on Defence, 1940-1945," International Journal 16, no. 1 (1960-61): 55.
11. J. L. Granatstein and Norman Hillmer, For Better or for Worse: Canada and the United States to the 1990s (Toronto: Copp Clark Pitman, Ltd., 1991), 141.
12. U.S. Department of State, Bulletin, Vol. 4, No. 96, 26 April 1941.
13. J. L. Granatstein, The Ottawa Men: Civil Service Mandarins 1935-1957 (Toronto: Oxford University Press, 1982), 92.
14. John Holmes, "Nationalism in Canadian Foreign Policy," in Nationalism in Canada, ed. Peter Russell (Toronto: McGraw-Hill Canada, 1966), 209.
15. Elizabeth Elliot-Meisel, Arctic Diplomacy (New York: Peter Lang, 1998), 54. See also Granatstein and Hillmer, supra note 11, 153-157.
16. Interview with Graham Rowley, Arctic expert, Ottawa, 21 October 1991.
17. Department of External Affairs reports include a 1942 report entitled, "American Imperialism and Canada," in John Hilliker, ed., Documents on Canadian External Affairs, (Ottawa: Minister of Supply and Services, 1980). The Americans were also quoted as answering the phone with "army of occupation." National Archives of Canada (NAC), MG30, B97 (Trevor Lloyd Papers), G. M. Hearle, from J. D. Ketchum to Lloyd, quoting a 15 June 1943 "letter received from one of our weekly correspondents" concerning U.S. personnel in Edmonton, 24 June 1943. And yet, not all Canadian government officials were critical of the Americans, nor were all Americans unappreciative of Canadian sensitivities. On-the-ground positive relations existed between the U.S. and Canadian militaries and between the U.S. military and Canadian civilians. See Lester Pearson, "Minister in the United States to First Secretary, Washington, March 21, 1944," in Hilliker, 11:2:1407; NAC, RG 36/7, Vol. 3, file 1, part 2a, "[Major-General W. W.] Foster to Secretary, Cabinet War Committee, 31 July 1944"; and interview with Morris Zaslow, Canadian Historian, Ottawa, 18 October 1991.
18. Interview with Jack Pickersgill, Assistant Private Secretary to Prime Minister MacKenzie King, Ottawa, 23 October 1991.
19. Interview with Jack Pickersgill, Assistant Private Secretary to Prime Minister MacKenzie King, Ottawa, 23 October 1991.
20. NAC, RG 25 89-90/029 Box 34, file 52-C(s), part 1, Report 5.
21. In an attempt to mitigate tensions, the United States made an effort to put joint projects under civilian auspices as much as possible. U.S. National Archives (USNA), RG 27 Records of the Weather Bureau Formally Classified Subject Files, 1042-1963, Box 7 Army-Greenland file: "Annual Ottawa Meeting 1953-54," J. Glenn Dyer, chief, Arctic Operations Project to D. M. Little, assistant chief of Weather Bureau, 22 December 1953.
22. Robert Huebert, political science professor and director of the Centre for Military and Strategic Studies at the University of Calgary, has noted that the U.S. commitment to Arctic security actually delayed Canada's attention and commitment to the North-its people, issues, and administration. "Had Canada been responsible for more of its Arctic security and had the Americans been more aggressive, Canadian leaders would have had to pay more attention to the Arctic and been forced to develop the instruments and policies needed to properly protect Canadian interests. Instead Canada was able to free ride on the Americans' willingness to act." Robert Huebert, "Canadian Arctic Security: Preparing for a Changing Future," Behind the Headlines: Canada's Arctic Interests and Responsibilities 65, no. 4 (2008): 16. Shelagh Grant, Sovereignty or Security (Vancouver: University of British Columbia Press, 1988), 3, argued that prior to World War II Canada was able to provide a minimum of expense for northern defense but that after the war, as the North's importance was realized, Canadians had to find a way to retain "maximum security with minimal loss of sovereignty."
23. Directorate of History (DHist), file: Northern Cruise Planning Discussion, 17 February 1948.
24. See Elizabeth Elliot-Meisel, "Arctic Focus: The Royal Canadian Navy in Arctic Waters, 1946-1949," The Northern Mariner/Le Marin du Nord 9, no. 2 (1999): 23-29.
25. Captain O. C. S. Robertson, quoted in T. A. Irvine, The Ice Was All Between (Toronto: Longmans, Green & Co., 1959), 18.
26. DHist, Pullen Diary, 7 September 1957.
27. Interview with Pickersgill, supra note 18.
28. Michael Byers, referenced in Graham Fraser, "Canada's Control over the Arctic Is Tentative at Best," Embassy, 23 August 2006, available at www.embassymag.ca/html/index.php?display=storyamp;fullpath=2006/23/fraser.
29. Alan Bailey, "Breaking Through the Ice," Petroleum News, 25 November 2007, available at www.petroleumnews.com/pntruncate/230239803.shtml.
30. In 1958, the USS Nautilus traveled under the polar ice cap and North Pole from the Bering Strait to the Denmark Strait. The USS Skate transited under the ice and surfaced at the North Pole in both 1958 and 1959. In 1960, the USS Seadragon became the first nuclear-powered submarine to transit the Northwest Passage. ACanadian observer, former Labrador captain, at the time commodore, O. C. S. Robertson was aboard. Two years later, the USS Skate made the same transit in the other direction.
31. Fred Fowlow, "Managing Security and Sovereignty in Canadian Territorial Waters," Starshell 7, no. 40 (2007): 15.
32. The Sector Principle is a claim to an area that falls between an Eastern and Western meridian, and extends northward to the North Pole. A pie-shape area has been promoted by Canada and the USSR/Russia, although the principle is not recognized by other nations for Arctic claims (the Sector Principle is used in Antarctica). Canada's initial use of the Sector Principle dates back to 1904, when it was used on a Department of Interior map. The area delineated was 140? W to 60? W, although at that time and for decades to follow, Canada's claim within the sector was to the land, not the water. Elliot-Meisel, supra note 15, at 16. See also Erik Franckx, Maritime Claims in the Arctic: Canadian and Russian Perspectives (Dordrecht: Martinus Nijhoff, 1993); and John O'Brien, International Law (London: Cavendish Ltd., 2001), 222.
33. Alicia Zoretto, "Canadian Sovereignty at the Northwest Passage," ICE Case Studies 185 (May 2006), available at www.american.edu/ted/ice/northwest-passage.htm. See also Michael Byers and Susanne Lalonde, "Who Controls the Arctic?" discussion paper at Canada's Arctic Waters in International Law and Diplomacy Conference (June 2006, Ottawa), 8.
34. Hudson's Bay Company (HBC) Archives, E346/82 Vol. 4, file: "Personal Record of S.S. Manhattan, 1969, "A.H.G. Storrs, Letter of Instruction to Captain T.C. Pullen, 11 July 1969."
35. Canada, House of Commons, Debates, 15 May 1969, Vol. 8, 8720.
36. Canada, House of Commons, Debates, 15 May 1969, Vol. 8, 8720.
37. Canada, House of Commons, Debates, 15 May 1969, Vol. 8, 8721.
38. HBC Archives, E 346/2/2B, Memorandum for the Cabinet, "Canadian Sovereignty in the Arctic," 20 March 1969, 7.
39. HBC Archives, E 346/2/2B, Memorandum for the Cabinet, "Canadian Sovereignty in the Arctic," 20 March 1969, 11.
40. HBC Archives, E 346/2/2B, Memorandum for the Cabinet, "Canadian Sovereignty in the Arctic," 20 March 1969, 11. Both the memorandum and Trudeau's statements imply that the government saw this as acknowledgment of Canadian sovereignty in the Northwest Passage.
41. HBC Archives, E 346/2/2B, Memorandum for the Cabinet, "Canadian Sovereignty in the Arctic," 20 March 1969, 11. Both the memorandum and Trudeau's statements imply that the government saw this as acknowledgment of Canadian sovereignty in the Northwest Passage. The U.S. Coast Guard and the Canadian Department of Transport did, however, consult prior to the voyage.
42. HBC Archives, E 346/2/2B, Memorandum for the Cabinet, "Canadian Sovereignty in the Arctic," 20 March 1969, 11. Both the memorandum and Trudeau's statements imply that the government saw this as acknowledgment of Canadian sovereignty in the Northwest Passage. The U.S. Coast Guard and the Canadian Department of Transport did, however, consult prior to the voyage.
43. HBC Archives, E 346/2/2B, Memorandum for the Cabinet, "Canadian Sovereignty in the Arctic," 20 March 1969, 11. Both the memorandum and Trudeau's statements imply that the government saw this as acknowledgment of Canadian sovereignty in the Northwest Passage. The U.S. Coast Guard and the Canadian Department of Transport did, however, consult prior to the voyage. 12.
44. Thomas Pullen, "S.S. Manhattan's Northwest Passage Voyage-Observations by Canada's Representative," speech, Empire Club of Canada, 12 February 1970, available at www.empireclubfoundation.com/details.asp?SpeechID=1476amp;FT=yes. See also A. H. G. Storrs and T. C. Pullen, "S.S. Manhattan in Arctic Waters," Canadian Geographic 80, no. 5 (1970): 166-181.
45. T. C. Pullen, "What Price Canadian Sovereignty?" U.S. Naval Institute Proceedings 114 (September 1987): 71.
46. Pullen later wryly noted that the U.S. ship's inability to make the entire voyage served as a catalyst for the U.S. government's commitment to build new replacement ships, of the new Polar class, while Canada's icebreaker fleet merely aged. T. C. Pullen, "In the Wake of the Manhattan," Canadian Shipping and Marine Engineering (1970): 15.
47. The John A. Macdonald thus became the first Canadian Coast Guard ship to transit the Northwest Passage.
48. Pullen, "Manhattan's Voyage: Observations," supra note 44. The necessary synergy of ship and icebreaker remains relevant to the present. Huge, ice-strengthened ships may serve as their own icebreakers, but icebreaking success cannot be guaranteed. Thus, icebreakers will continue to be used in conjunction with ice-strengthened freighters. Ultimately, as the weather and climate will bear, the intent is to conquer the icy waters and establish viable shipping routes. Paul Koring, "Russians Hope to Show Potential of 'Arctic bridge,'" Globe and Mail, 22 July 2008, available at globeandmail.com/servlet/story/LAC.20080722.ARCTICSHIPPING22/TPStory/?query=arctic.
49. Joe Osiphat, "S.S. Manhattan and the Northwest Passage," sunshiporg.homestead.com/manhattan.html.
50. There is another popular, but incorrect, belief that the Manhattan sailed back through the Northwest Passage in 1970. As noted, it actually returned in the same season, and the 1970 voyage was, in fact, into the waters of the eastern Arctic.
51. HBC Archives, E346/1/14, T. C. Pullen, "Report on the Arctic Tanker Test (S.S. Manhattan) August-November, 1969," 10. Despite the successful transit, oil pipelines were ultimately favored for a variety of reasons. Pipelines remain an option even today. For example, see the Mackenzie gas pipeline project. Norvall Scott, "NWT Defends Arctic Gas as Green Benefit," Globe and Mail, 24 June 2008, available at secure.globeadvisor.com/servlet/ArticleNews/story/gam/20080624/RARCTIC24.
52. Pullen, "Wake of the Manhattan," supra note 46, at 13-16. Pullen specifically and repeatedly called for a Polar 8 icebreaker, which could transit year-round in the high Arctic. A Polar 8 icebreaker would be able "to maintain headway at 3 knots through hard level ice eight feet... thick." T. C. Pullen, "Why We Need the Polar 8," Canadian Geographic 107, no. 2 (1987): 84.
53. Arctic Waters Pollution Prevention Act (AWPPA), Statutes of Canada 1969-1970, chap.
54. "Canadian Prime Minister's Remarks of the Proposed Legislation," quoted in David Larsen, "United States Interests in the Arctic Region," Ocean Development and International Law 21 (1990): 178. (Italics in original.)
55. Ivan Head and Pierre Elliott Trudeau, The Canadian Way (Toronto: McClelland and Stewart, 1995), 283. Harriet Critchley, "Canadian Naval Responsibilities in the Arctic," in RCN in Transition: 1910-1985, ed. W. A. B. Douglas (Vancouver: University of British Columbia Press, 1988), 283, referred to the Canadian position as constituting "functional jurisdiction," as opposed to "sovereign jurisdiction."
56. For example, Professor Maxwell Cohen criticized Canada for refusing to permit review of AWPPA by the International Court of Justice and, among other criticisms, called the legislation a result of "neo-nationalism." Maxwell Cohen, "The Arctic and National Interest," International Journal 26, no. 1 (1970-71): 77.
57. In international law, "historic waters" is not specifically defined and, when claimed by a state, is rarely accepted by the international community. To successfully claim historic title, the claimant state not only must demonstrate a history of using the water and its exclusive control of the water, but it must also get the acknowledgment or acquiescence of its claim by other states. If all these criteria are met, the water has the same status as internal waters and the right of innocent passage does not exist. Donat Pharand, Canada's Arctic Waters in International Law (Cambridge: Cambridge University Press, 1988), 251.
58. Anglo-Norwegian Fisheries Case, [1951] I.C.J. Reports 116.
59. Technically, as of April 2006, the Canadian military calls the Northwest Passage "Canadian Internal Waters," although the use of the term "Northwest Passage" does not seem to have diminished whatsoever. In fact, after the announcement, a Foreign Affairs spokesperson stated that "he was 'not aware' of the change," and Professor Michael Byers declared that "[i]t has no real significance apart from (showing) the seriousness of [Canada's] position." Nathan VanderKlippe, "Northwest Passage Gets Political Name Change," CanWest News Service, 9 April 2006, available at www.canada.com/ottawacitizen/news/story.html?id6d4815ac-4fdb-4cf3-a8a6-4225a8bd08df&k=73925.
60. Corfu Channel Case, [1949] I.C.J. Reports 4.
61. 516 U.N.T.S. 397.
62. 1833 U.N.T.S. 397.
63. Corfu Channel Case, supra note 60, at 28.
64. Corfu Channel Case, supra note 60, at 29.
65. Anglo-Norwegian Fisheries Case, supra note 58.
66. Interview with Robertson, supra note 7. Robertson entered the Department of External Affairs in 1941 and served in numerous government posts until 1975, including commissioner of the Northwest Territories, chairman of the Advisory Committee on Northern Development (ACND), and clerk of the Privy Council and cabinet secretary.
67. Anglo-Norwegian Fisheries Case, supra note 58.
68. Donat Pharand, "The Arctic Waters and the Northwest Passage: A Final Revisit," Ocean Development and International Law 38 (2007): 23.
69. LOS Convention, supra note 62. Article 234 closely resembles, but does not completely duplicate, Canada's AWPPA. Pharand, supra note 57, at 237, contended that Article 234 now constitutes customary law and validates Canada's AWPPA. The LOS Convention does not expressly address the issue of international straits.
70. For example, in the Strait of Hormuz (between Iran and Oman) and the Strait of Malacca (between Indonesia, Malaysia, and Singapore).
71. Arctic Cooperation Agreement, Canada Treaty Series, 1988, No. 29.
72. Joe Clark, House of Commons, Debates, 10 September 1985, 5:6463.
73. Joe Clark, House of Commons, Debates, 10 September 1985, 5:6463.
74. LOS Convention, supra note 62, art. 38(1).
75. See Donald Rothwell, "The Canadian-U.S. Northwest Passage Dispute," Cornell International Law Journal 26 (1993): 360; and Byers and Lalonde, "Who Controls the Northwest Passage?" supra note 33, at 23-26.
76. National Defence, Challenge and Commitment: A Defence Policy for Canada (Ottawa: Minister of Supply and Services Canada, June 1987), 23.
77. National Defence, Challenge and Commitment: A Defence Policy for Canada (Ottawa: Minister of Supply and Services Canada, June 1987), 43.
78. National Defence, Challenge and Commitment: A Defence Policy for Canada (Ottawa: Minister of Supply and Services Canada, June 1987), 45.
79. The nuclear-powered submarines were never built, but Canada did buy four used dieselelectric submarines from the British in the 1990s. The diesel-electric submarines cannot operate under the ice and thus are not suited for Arctic patrols. The underwater sensors are again under discussion, after being cut from the budget in 1992. The price tag at that time was C$100 million. Fowlow, supra note 31, at 15. Some of the other proposals and projects have been addressed by subsequent governments, most importantly by the Harper government, but there is little to show for it more than 20 years later.
80. Arctic Cooperation Agreement, supra note 71.
81. For a comprehensive analysis of the agreement, see Christopher Kirkey, "Smoothing Troubled Waters: The 1988 Canada-United States Arctic Co-operation Agreement," International Journal 50 (1995): 401-426. Further discussion and specific aspects of the agreement are found in Larsen, supra note 54, at 167-191; and Miro Cernetig, "Arctic Guard," Globe and Mail, 7 August 1991, A3. According to Kirkey, the agreement is an example of "integrative bargaining," in which both parties compromise and obtain some of their desired aims. And yet, the agreement is not without interesting and potentially contentious interpretation. When the agreement was signed, Brian Mulroney's chief of staff, Derek Burney, stated that the agreement was "implicit recognition" of Canadian sovereignty over the Northwest Passage. Burney is quoted in Kirkey, at 419. And, Mulroney himself argued that it was "fully consistent with the requirements of Canadian sovereignty in the Arctic." "Statement by Assistant to the President for Press Relations Fitzwater on the Canada-United States Agreement on the Arctic, January 11, 1988," Public Papers of the Presidents of the United States: Ronald Reagan, Book 1 [January 1-July 1, 1988] (Washington, DC:U.S.Government Printing Office, 1990), 25. And yet, President George W. Bush's ambassador of the United States to Canada, DavidWilkins, wrote to the assistant deputy minister, North America in 2006, stating that icebreakers need only: "Seek Canada's consent when U.S. icebreakers intend to conduct maritime scientific research as they transit the Northwest Passage... [and absent such research] would not be required to seek Canadian consent before transiting the Northwest Passage." "Ambassador of the United States of America to Mr. Peter Boehm, Assistant Deputy Minister, North America, 27 October 2006." available at www.state.gov/s/1/2006/98302.htm. (My thanks to Ted McDorman for directing me to this memorandum.) It remains to be seen how the Barack Obama administration will interpret the agreement, although theWilkins view also existed during theWilliam J. Clinton administration. U.S. Department of Defense, "UNCLOS Dept. of Defense Position Summary '94," July 1994, available at www.prosea.org/articles-news/unesco/UNCLOS Dept of Defense Position Summary 94.html.
82. Interview with R. A. J. Phillips, former civil servant and former Chief of the Arctic Division, Cantley, Quebec, 22 October 1991.
83. Indian and Northern Affairs Canada, Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, art. 15.1(c), available at www.aincinac.gc.ca/pr/agr/pdf/nunave.pdf. As Nunavut's premier, the Honorable Paul Okalik noted, however, while "[t]he historic activities of Inuit are the essence of the sovereignty claims," the record continues to be full of unfulfilled promises and falls short of the necessary programs and projects needed in the North. Paul Okalik, "Arctic Priorities: A Northern Perspective," Behind the Headlines: Canada's Arctic Interests and Responsibilities 65, no. 4 (2008): 4, 7.
84. Regarding the Arctic Council, see its Web site at www.arctic-council.org.
85. "Teaching and Learning About Nunavut," available at www.canadainfolink.ca/nunavut.htm.
86. Norman Hillmer, "A Border People," Canada World View 24 (2005), available at www.international.gc.ca/canada-magazine/issue24/01-title-en.asp.
87. Like the other six Arctic nations (Denmark/Greenland, Finland, Iceland, Norway, Sweden, and Russia), the United States and Canada have clear and indisputable responsibilities to their citizens in the Arctic. Although another paper, it must be noted here that increased human activity in the North will only compound the threats that global warming pose to these northerners, their communities, and their livelihood. Arguably, there are potential benefits of longer fishing seasons, increased economic activity, lower heating costs due to a shorter and less severe winter, and fewer cold weather-related injuries. But, there is no denying potentially new hardships: the loss of ice cover for annual hunts, the decrease in the polar bear population and other sources of food for the native communities, the spread of new diseases introduced by increased human activity in the North (both from permanent settlers and tourists), potential ecological and environmental disasters from oil spills or shipping accidents, and so forth. Add to this the negative effects on the North's infrastructure, which was built on now-melting permafrost, and a shorter ice road season, and the governments find themselves faced with a huge cost to rectify these situations. These issues must be addressed, neither the peoples nor the environment of the North can afford to have reactive policies implemented only in response to disastrous developments. In Canada, two studies noting the negative effects of global warming on the northern communities have been largely ignored. A "quiet release [of] a major Health Canada report... [on] the harmful impact of climate change on the health of Canadians, particularly the young, elderly and aboriginals" follows the delayed 2007 Natural Resources Canada report, "From Impacts to Adaptation." The 2007 report noted the impact of global warming on "each region" of Canada, and has received little attention. Bill Curry, "Health Report to Get 'Low Profile' Release," Globe and Mail, 23 July 2008, available at www.globeandmail.com/ servlet/story/RTGAM.20080723/BNStory/National/?cid=al gam nletter newsUP. See also Bill McKibben, "Think Again: Climate Change," Foreign Policy (January/February 2009) available at www.foreignpolicy.com/story/cms.php?storyid=4585&print=1.
88. National Research Council, Committee on the Assessment of the U.S. Coast Guard Polar Icebreaker Roles and Future Needs, "Polar Icebreakers in a ChangingWorld: An Assessment of U.S. Needs (2007)," 8, available at www.nap.edu/catalog/11753.html. See also Scott Borgerson, "Arctic Meltdown," Foreign Affairs 87, no. 3 (2008): 63-77.
89. National Research Council, Committee on the Assessment of the U.S. Coast Guard Polar Icebreaker Roles and Future Needs, "Polar Icebreakers in a ChangingWorld: An Assessment of U.S. Needs (2007)," 8, available at www.nap.edu/catalog/11753.html. See also Scott Borgerson, "Arctic Meltdown," Foreign Affairs 87, no. 3 (2008), 5.
90. Philip Ewing, "USCG Steps Up Bid to Rescue Icebreaker Funding," Defense News, 24 March 2008, available at www.defensenews.com/story.php?i=3442703&c=SEA&s=TOP.
91. The Healy is longer and heavier than the Polar Sea and Polar Star. See www.uscg.mil/pacarea/cgcHealy/.
92. National Research Council, "An Assessment," supra note 88, at 13. See also McKibben, supra note 87.
93. National Research Council, "An Assessment," supra note 88, at 14.
94. National Research Council, "An Assessment," supra note 88, at 8. See also Admiral Thad Allen, commandant U.S.C.G., referenced in Andrew Revkin, "U.S. Pushes to Expand Arctic Icebreaker Fleet," International Herald Tribune, 17 August 2008, available at www.iht.com/bin/printfriendly.php?id=15371352. Certainly, ice unpredictability is the operative word with regard to global warming and the North. For example, in summer 2006, there was a "complete absence of icebergs" off the coast of Newfoundland, whereas 2008 was "a banner season for icebergs." Keith Nicol, "Iceberg Alley: Warm Welcome for a Cold Tourist Attraction," Globe and Mail, 12 July 2008 available at www.globeandmail.com/servlet/story.LAC.20080712.ICEBERGS12/TP Story/Focus/Atlantic/.
95. Andrew Revkin, "U.S. Pushes to Expand Arctic Icebreaker Fleet," International Herald Tribune, 17 August 2008, available at www.iht.com/bin/printfriendly.php?id=15371352.
96. Randy Boswell, "U.S. Shifts Arctic Foreign Policy," CanWest News Service, 9 August 2008, available at www.canada.com/components/print.aspx?id=1d6374e1-0a0c-483e-915ae7151f7774a9.
97. National Research Council, "An Assessment," supra note 88, at 8.
98. As previously noted with the Manhattan, large ships can at times operate as their own icebreaker. Thus, it is arguable that eventually more and more "icebreaking needs" may be delivered by the tankers themselves. These "double-acting tankers" (DAT) move forward through open water and thin ice and, after turning 180 degrees, use their stern to break heavy ice. Lloyd's Register, "Lloyd's Register-Classed Double-Acting Tanker Wins 'Ship of the Year' Award," 23 June 2003, available at www.lr.org./News+and+Events/News+Archive/2003. But, until such time as these ships are the rule rather than the exception, the need for icebreakers will remain.
99. For example, see Clive Archer and David Scrivener, eds., Northern Waters: Security and Resource Issues (Totowa, NJ: Barnes & Noble Books, 1986); Lt. Commander Nathaniel French Jr., Arctic Leverage: Canadian Sovereignty and Security (New York: Praeger, 1990); Aldo Chircop and Susan Rolston, eds., Canadian Arctic Sovereignty: Are Canadian and U.S. Interests Contradictory or Complementary? (Halifax: International Insights Society, 1987); E. J. Dosman, ed., The Arctic in Question (Toronto: University of Toronto Press, 1976); Katharine Dunkley, The International Legal Status of the Northwest Passage (Ottawa: Supply and Services Canada, 1987); Franklyn Griffiths, ed., Politics of the Northwest Passage (Kingston: McGill-Queen's Press, 1987); John Honderich, Arctic Imperative (Toronto: University of Toronto, 1987); Macdonald, supra note 6; Donat Pharand and Leonard Legault, Northwest Passage: Arctic Straits (Dordrecht: Martinus Nijhoff, 1984); Oran Young, Arctic Politics (Hanover: University Press of New England, 1992).
100. The Arctic ice cover is not only receding, it is thinning, and predictions are that the melting will accelerate as open water absorbs more of the sun's rays (whereas ice reflects the sun's rays). This is called the ice-albedo feedback loop. Richard Kerr, "AWarmer Arctic Means Change for All," Science 297 (30 August 2002): 1490, 1492. See also McKibben, supra note 87.
101. Susanne Lalonde, "Arctic Waters: Cooperation or Conflict?" Behind the Headlines: Canada's Arctic Interests and Responsibilities 65, no. 4 (2008): 10 nn., the changing Arctic "has completely changed the nature of the problem. This is no longer simply a bilateral issue, if it ever was."
102. In October 2002, the Canadian Arctic Resources Committee predicted it could occur by 2017 while Canada's chief of ice forecasting for the Canadian Ice Service, John Falkingham, expects that not even summer shipping will be ice free until later in the twentyfirst century. Peter Tyson, "Future of the Passage." PBS, Nova, February 2006, available at www.pbs.org/wgbh/nova/arctic/passage.html. See also Franklyn Griffiths, "The Shipping News," International Journal 58, no. 2 (2003): 257-272; and Rob Huebert, "The Shipping News, Part II," International Journal 58, no. 3 (2003): 295-308. In 2006, a "U.S. Navy report predicted that within 10 years the passage would be open to non-ice-strengthened vessels for one month a year," referenced in Rebecca Dube, "As Ice Melts, Debate Over Northwest Passage Heats," USA Today, 4 April 2006, available atwww.usatoday.com/news/world/2006-04-03-nwpassage-debate x.htm. For different time frames for ice-free transits and the timeline for severe problems caused by climate change, see Trausti Valsson in Time, 1 October 2007, 34; Byers and Lalonde, "Who Controls the Northwest Passage?" supra note 33, at 4, nn. 14-17; Roger Gibbins, "Global Warming Issue Hotter than Ever: Climate Change on Canadians' Agenda, and They Expect Politicians to Respond," Hamilton Spectator, 14 January 2007, available at www.cwf.ca/V2/cnt/commentaries 200801140843.php?print=yes; "North Pole Is an 'Island' as Northwest and Northeast Passages Open," Yale Environment 360, 3 September 2008, available at e360.yale.edu/content/digest.msp?id=1422; Intergovernmental Panel on Climate Change (IPCC), available at www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4 syr.pdf; NATO's "Influence on Climate Change on the Changing Arctic and SubArctic Conditions," available at modb.oce.ulg.ac.be/backup/colloquium/NATO-RussiaARW/2008termsofreference.html; McKibben, supra note 87.
103. The Canadian Ice Service's senior ice forecaster, Luc Desjardins, believes that the record ice loss over the past couple of years will continue to make the Northwest Passage "fully navigable" in summer. Referenced in Randy Boswell, "Arctic Meltdown Could Set New Record," CanWest News Service, 10 August 2008, available at www.canada.com/components/print.aspx?id=5707df3f- 8804-46db-9d71-ff7018935667.
104. Lawson Brigham, chairman of Arctic Marine Shipping Assessment, quoted in Andrew Revkin, "U.S. Pushes to Expand Arctic Icebreaker Fleet," International Herald Tribune, 17 August 2008, available at www.iht.com/bin/printfriendly.php?id=15371352.
105. Bob Weber, "Northwest Passage Sees Spike in Seafarers," Globe and Mail, 12 August 2008, available at www.theglobeandmail.com/servlet/story/LAC.20080812.ARCTIC12/TPStory/?query=arctic.
106. Lee Berthiaume, "Northwest Passage Closer to Reality," Embassy, 17 January 2007, available at www.embassymag.ca/html/index/php?display=story&full_path=2007/january/17/northwest/.
107. Paul Koring, "Russians Hope to Show Potential of 'Arctic Bridge,'" Globe and Mail, 22 July 2008, available at www.globeandmail.com/servlet/story/LAC.20080722.ARCTICSHIPPING22/TPStory/?query=arctic.
108. Certainly, as oil prices fall, reassessment of exploiting Arctic oil is being made, but the volatility of oil prices makes feasibility studies a prudent expenditure of time and funds for energy companies.
109. "Wealth of Oil in Arctic, Report Says," Globe and Mail, 23 July 2008, available at globeandmail.com/servlet/RTGAM.20080723.warctenergy0723/BNStory/International/home.
110. Rob Huebert, "As the Ice Melts, Control Ebbs in the Arctic," Globe and Mail, 16 August 2008, available at theglobeandmail.com/servlet/story/LAC.20080816.COESSAY16/TPStory/?query=arctic.
111. Barrie McKenna, "Record Prices Put Arctic Oil Within Reach," Globe and Mail, 25 July 2008, available at globeandmail.com/servlet/story/LAC20080725.RARCTIC-5/TPStory/?query=arctic.
112. James Raffan, "Policing the Passage," Canadian Geographic 127, no. 1 (2007): 60. See also Griffiths, supra note 99, at 257-272.
113. John Bellinger, "Treaty on Ice," New York Times, 23 June 2008, available at nytimes.com/2008/06/23/opinion/23bellinger.html?r1&scp=w&sq=Canada+arctic&st=nyt&oref=slogin.
114. "The Ilulissat Declaration," available at www.um.dk/NR/rdonlyres/BE00B850-D278-4489-A6BR-6AE230415546/0/ArcticOceanConference.pdf.
115. LOS Convention, supra note 62, art. 76.
116. Catherine Elsworth, "US Mission to Arctic Will Lay Claim to Gas Reserves," Telegraph. co.uk, 13 August 2008, available at www.telegraph.co.uk/news/worldnews/northamerica/ usa/2549271/us-mission-to-Arctic-will-lay-claim-to-gas-reserves.html. See also Canada, "Canada- U.S. to Jointly Survey Arctic Seafloor," 12 August 2008, available at news.gc.ca/web/view/en/ index.jsp?articleid=414229.
117. "Canada Challenges Russian Arctic Sovereignty Claim," Globe and Mail, 9 August 2008, available at www.theglobeandmail.com/servlet/story/LAC.20080809.NATS09-3/ TPStory/?query=arctic.
118. "LOS Convention" or "LOS Treaty" to its supporters; "LOST" to its detractors.
119. Leading the charge against accession in the Senate is Senator James Inhofe, supported by a number of former Reagan era officials and conservatives who believe that the LOS Convention threatens U.S. sovereignty and restricts the United States' freedom of action. They also believe that superpower status and unrivaled naval power are sufficiently formidable forces to protect U.S. interests in the Arctic. See Paul Weyrich, "'UNCLOS' or 'LOST'-A Bad Idea," The Conservative Voice, 29 May 2007, available at www.theconservativevoice.com/article/25486.html.
120. Rear Admiral Trimbell quoted in Tasseron, supra note 5, at 20.
121. Rear Admiral Trimbell quoted in Tasseron, supra note 5, at 20.
122. Admiral Allen, quoted in Randy Boswell and Andrew Mayeda, "Canada's Front Line for Arctic Sovereignty," Ottawa Citizen, 15 August 2008, available at www.canada.com/ottawscitizen/news/story.html?id=b77810f5-8976-4c24-b3a5-1ca5c3db70de.
123. National Research Council, "An Assessment," supra note 88, at 9.
124. "Harper Tightens Grip on Canadian Arctic," CTV, 27 August 2008, available at www.ctv.ca/servlet/ArticleNews/story/CTVNews20080827/harper arctic AM 080827/20080827?hub=TopStories.
125. "Arctic Icebreakers Aging, New Ones to Cost Billions: Coast Guard," CBC News, 2 October 2006, available at www.cbc.ca/canada/north/story/2006/10/02/icebreakers-new.html.
126. Interestingly, the largest fleet of Polar class icebreakers is not operated by a government or its military, but instead by the Russian "open joint-stock company," Murmansk Shipping Company. Although the icebreakers belong to the state, the shipping company operates the ships. Paul Koring, "Russians Hope to Show Potential of 'Arctic Bridge,'" Globe and Mail, 22 July 2008, available at www.globeandmail.com/servlet/story/LAC.20080722.ARCTICSHIPPING22/TPStory/?query=arctic.
127. Agreement on the NorthAmerican Aerospace Defence Command, 28 April 2006, available at www.treaty-accord.gc.ca/ViewTreaty.asp?Treaty ID=105060.
128. National Research Council, "An Assessment," supra note 88, at 23.
129. See Campbell Clar, "Space Division Sale No Threat to Arctic Sovereignty, CEO Says," Globe and Mail, 1 April 2008, available at www.theglobeandmail.com/servlet/story/RTGAM. 20080401.satellite02/BNStory/Technology/; CAW/TCA Canada, "Prime Minster Harper, Your Government Has the Power to Halt the Sale of MDA," advertisement in The Hill Times, 7 April 2008, 29; MDA, "Let MDA Sale Proceed for Canada's Sake, Employees Say," advertisement in The Hill Times, 14 April 2008, 7; Peggy Nash, "Innovation for Sale: Canada's Space and Satellite Industry," The Hill Times, 7 April 2008, 32; Jacquie McNish et al., "Ottawa's Veto on Space Firm Signals Shift on Takeovers," Globe and Mail, 11 April 2008, available at www.theglobeandmail.com/servlet/ story/LAC.20080411/MDAOWNERSHIP11/TPStory/?query=arctic; Reuters, "Canada Blocks Sale of MDA Satellite Unit to U.S." New York Times, 10 April 2008, available at www.nytimes.com/reuters/business/business-mda-alliant-canada.html?r=1&sq=canada&st=nyt&oref=slogin&scp=16&pagewanted=print.
130. "Build More Icebreakers, Recruit Inuit to Coast Guard, Senate Urges," Globe and Mail, 24 June 2008, available at theglobeandmail.com/servlet/story/LAC.20080624.COAST24/PPVStory/?Denied=1.
131. "Harper Tightens Grip on Canadian Arctic," CTV, 27 August 2008, available at www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080827/harper arcticAM 080827/20080827?hub=TopStories.
132. Office of Prime Minister, "Prime Minister Stephen Harper Announces New Arctic Offshore Patrol Ships," 9 July 2007, available at pm.gc.ca/eng/media.asp?id=1742. The Arctic/ Offshore Patrol Ships (A/OPS) represent a modification of Harper's 2006 campaign promise. As first promised, Harper called for three "new armed heavy ice breakers." "Stephen Harper Stands Up for Canada's Sovereignty in the Arctic," Stand Up for Canada, 22 December 2005, available at www.conservative.ca/?section id1738§ion copy id=36554?PHPSESSID=6294077915e0acb3c bb3e3649998bd93. The modified plan is to build eight A/OPS that, however, cannot operate in the High North year-round.
133. National Defence and Canadian Forces, "Backgrounder Documentation: Arctic/Offshore Patrol Ships," BG-07.23, July 2007, available at www.dnd.ca/site/Newsroom/view news e. asp?id=2370. See also "Canada Awards Arctic Patrol Craft Contract," Marine Log, 27 May 2008, available at www.marinelog.com/DOCS/NEWSMMVII/2008may00271.html.
134. National Defence and Canadian Forces, "Backgrounder Documentation: Arctic/Offshore Patrol Ships," BG-07.23, July 2007, available at www.dnd.ca/site/Newsroom/view news e. asp?id=2370. See also "Canada Awards Arctic Patrol Craft Contract," Marine Log, 27 May 2008, available at www.marinelog.com/DOCS/NEWSMMVII/2008may00271.html.
135. National Defence and Canadian Forces, "Backgrounder Documentation: Arctic/Offshore Patrol Ships," BG-07.23, July 2007, available at www.dnd.ca/site/Newsroom/view news e. asp?id=2370. See also "Canada Awards Arctic Patrol Craft Contract," Marine Log, 27 May 2008, available at www.marinelog.com/DOCS/NEWSMMVII/2008may00271.html.
136. National Defence and Canadian Forces, "Backgrounder Documentation: Arctic/Offshore Patrol Ships," BG-07.23, July 2007, available at www.dnd.ca/site/Newsroom/view news e. asp?id=2370. See also "Canada Awards Arctic Patrol Craft Contract," Marine Log, 27 May 2008, available at www.marinelog.com/DOCS/NEWSMMVII/2008may00271.html.
137. Andrew Mayeda, "Icebreaker Diefenbaker Will Replace St. Laurent: PM," Canada.com, 28 August 2008, available at www.canada.com/topics/news/natonal/story.html?id=b49e29f5-ed50-443f-86a9-6c62a9b46c06. St. Laurent is to be decommissioned by 2017. It breaks ice up to 1.3 meters thick and operates two seasons per year in the Arctic.
138. Fisheries and Oceans Canada, "Canadian CoastGuard Polar Icebreaker," information sheet provided to author by Assistant Commissioner Michael Gardiner, May 2008.
139. Fisheries and Oceans Canada, "Canadian CoastGuard Polar Icebreaker," information sheet provided to author by Assistant Commissioner Michael Gardiner, May 2008. See also BobWeber, "Budget's IcebreakerWelcomed," CANOE-CNEWS, 27 February 2008, available at cnews.canoe.ca/CNEWS/Canada/2008/02/27/4880696-CP.html.
140. Rob Huebert referenced in Weber, "Budget's Icebreaker Welcomed,". Fisheries and Oceans Canada, "Canadian CoastGuard Polar Icebreaker," information sheet provided to author by Assistant Commissioner Michael Gardiner, May 2008.
141. For interesting comments about a Canadian military presence approach versus a "common heritage of mankind" approach, see Matthew Little and Caylan Ford, "Canada Struggles to Stake Claim to Arctic Waters," Epoch Times, 9 March 2006, available at en.epochtimes.com/tools/printer.asp?id=39085.
142. Government of Canada, speech from the throne, "Strong Leadership. A Better Canada," 16 October 2007, available at www.sft-ddt.gc.ca/includes/send friend eMail print.asp? langFlg=e&URL=/eng/media.asp&id=1364. Leaders in the North, as well as opposition politicians, have argued that Harper's northern initiatives yield little benefit to Canadians living in the North. "New Canadian Icebreaker to Be Named after John Diefenbaker," Canadian Press, 27 August 2008, available at canadianpress.google.com/article/ALeqM5gqlrGYf3J0J2NyTJfDBO5LcGXRnA.
143. Defence Research and Development Canada, "Northern Watch: A Window into Canadian Arctic Surveillance," February 2008, available at www.drdc-rddc.gc.ca/newsevents/spotlight/ spotlighte.asp. Part of this program will be tested at the site of the cold war-era underwater listening devices at Gascoyne Point, Devon Island, and, if successful, will later be "used in conjunction with other tools, such as space images from Radarsat-II, overflights by Aurora surveillance planes and human patrols." Bob Weber, "Electronic Surveillance of Northwest Passage Tested," Globe and Mail, 13 July 2008, available atwww.globeandmail.com/servlet/story/RTGAM.20080713.warctic0713/BNStory/Science/.
144. Even finding sufficient numbers of researchers and scientists has proven problematic. The fieldwork to prepare Canada's claims to the continental shelf has run into "logistical challenges" brought on by the effects of the climate change as well as "higher fuel costs and staffing issues," necessitating the contracting of retired specialists. Natural Resources Minister Gary Lunn noted the "challenge to keep the young people and to pass that so-critical knowledge on from one generation to the next." "Canada's Arctic ClaimWork Challenged by Ice, Logistics," CBC News, 21 April 2008, available at www.cbc.ca/technology/story/2008/04/21/ice-camp.html?ref=rss&loomia si=t0:a16:g2:c0.0645929.
145. McAllister Opinion Research poll reported in "Global Warming Canadians' Top Priority in Arctic Poll," The Hill Times, 2 June 2008, 34.
146. Lloyd Axworthy, "A New Arctic Circle," Globe and Mail, 22 August 2008, available at www.theglobeandmail.com/servlet/story/RTGAM.20080822.wcoarctic22/BNStory/National.
147. Strategic Counsel pollster Peter Donolo quoted in Steven Chase and Campbell Clark, "Summer Melt Buoys PM's Bid to Champion Arctic Sovereignty," Globe and Mail, 27 August 2008, available at www.theglobeandmail.com/servlet/story/RTGAM.20080827.warctic27/BNStory/National.
148. According to an April 2008 BBC poll, "[o]nly 27 percent of Canadians had a positive view of the U.S.," quoted in Jack Granatstein, "For Good or Ill, the Canadian Future Is American," The Hill Times, 2 June 2008, 37. Just days before leaving office, President Bush issued the first presidential directive regarding the Arctic in 14 years. Reiterating the U.S. stance that the Northwest Passage is an international strait (and ruffling a few Canadian feathers with the statement), the directive also promoted ratification of the LOS Convention and read, in part, "that the United States has broad and fundamental national security interests in the Arctic region and is prepared to operate either independently or in conjunction with other states to safeguard these interests." "U.S. Presidential Directive on Arctic Region Policy Released January 12, 2009," available at arctic-healybaker- 2008.blogspot.com/2009/01/presidential-directive-on-arctic-region.html. It is unlikely that the Obama administration will take offense to such a position; bilateral relations will likely hinge more on the way that difficult Arctic issues are handled than the principles themselves.
149. Harper insists "all of these [U.S.-Canadian territorial] disagreements are completely manageable." Allan Dowd, "Canada to Toughen Requirements for Ships in Arctic," Reuters Canada, 27 August 2008, available at ca.reuters.com/article/domesticNews/idCAN2634309220080827?sp=true. President Obama's first foreign trip as president was to Canada on 19 February 2009.
150. Speech from the throne, "Strong Leadership. A Better Canada," 16 October 2007, available at www.sft-ddt.gc.ca/includes/send friend eMail print.asp?langFlg=e&URL=/eng/ media.asp&id=1364.
151. Indian Affairs minister, Chuck Strahl, "Opinion: Minister Strahl Says Government Delivering on Commitments to Canada's Aboriginal People," The Hill Times, 26 May 2008, 17.
152. BobWeber, "Arctic Sovereignty Not Under Threat: Cannon," Canadian Press, 13 January 2009, available at www.thestar.com/printArticle/570434.
153. Doug Pugliese, "Canadian Force Feeling Strain of Long Afghan Campaign, Leaders Say," Defense News, 28 April 2008, 4, 8.
154. Omar El Akkad, "Harper Heading Back to Arctic as Fall Election Talk Heats Up," Globe and Mail, 25 August 2008, available at www.theglobeandmail.com/servlet/story/LAC.2008.0825.NAVY25/TPStory/?query=arctic. The Harper government may look elsewhere for these patrol ships or restart the bidding process again, hoping for lower bids.
155. Jeremiah Cushman, "The Emerging 'Canada First' Strategy," Military Periscope Special Reports, 5 June 2008, 1.
156. Co-director of the Binational Planning Group, Canadian army colonel David Fraser in NationalDefence, Inside the Pentagon, 14August 2003, available atwww.mdn.ca/site/Focus/Canadaus/pentagon2e.asp.
157. According to theWashington-based nonprofit Center for the Study of the Presidency, there are over "80 treaty-level defense agreements and 250 MOAs [Memorandum of Agreement] between the two defense departments.". Co-director of the Binational Planning Group, Canadian army colonel David Fraser in NationalDefence, Inside the Pentagon, 14August 2003, available atwww.mdn.ca/site/Focus/Canadaus/pentagon2e.asp.
158. Geoff Fein, "'GlobalMaritime Partnership' Gaining Steam at Home and with International Navies," Defense Daily, 26 Oct, 2006, available at www.navy.mil/navydata/cno/mullen/DEFENSE_DAILY_25OCT06_Global_Maritime_Partnership_Gaining_Steam_At_Home_And_With_International_Navies.pdf.
159. U.S. Navy, "Ships and Submarines," NAVY.mil, available at www.navy.mil/navydata/navy_legacy.asp?id=146.
160. Senator (and former secretary of the navy and marine officer) Jim Webb (D-VA), "Webb: Boost Shipbuilding, Control Costs," Defense News, 16 January 2008, available at www.defensenews.com/story/php?F=3312597&C=navwar.
161. Christopher Cavas, "Critics: The U.S. Maritime Strategy Is Incomplete," Defense News, 22 October 2007, 10.
162. Rob Huebert, "Who Best Defends Our Arctic?" Globe and Mail, 4 January 2006, A15.
163. See National Post, "Simulated Talks Show Possible Solution for Arctic Dispute," 19 February 2008, available at www.nationalpost.com/story-printer.html?id=319703. The same can, in fact, be said about other U.S-Canada disputes. See Ron Huebert in Levon Sevunts, "As Arctic Melts, Canada Reasserts Sovereignty over Its 'Northwest Passage.'" WorldandI.com, October 2005, available at www.worldandi.com/subscribers/featuredetail.asp?num=24655.
164. Sara Minogue, "U.S.Won't Move on Kyoto, Cellucci Says," Nunatsiaq News, 15 October 2004, available at nunatsiaq.com/archives/41015/news/nunavut/401507.html.
165. U.S. Presidential Directive, supra note 148.
166. Doug Struck, "Dispute over NW Passage Revived," Washington Post, 6 November 2006, available at www.washingtonpost.com/wp-dyn/content/article/2006/11/05/AR2006110500286.html.
167. Huebert, supra note 102, at 300.
168. It is interesting to note the d́ejà vu of this position. During the cold war, the United States' greatest enemywas the Soviet Union. In 1987, then-Canadian prime minister BrianMulroney ruefully noted, "One of the great ironies of the position taken by the United States, if followed to its logical conclusion, is that it could lead to much greater freedom of navigation in the Arctic for the Soviets." Mulroney, quoted in John F. Burns, "Canada's Battle for the Arctic Straits," New York Times, 12April 1987. Substituting terrorists for the Soviets, one can certainly see the analogy of this statement today.
169. E. Mahant and G. S. Mount, Invisible and Inaudible in Washington: American Policies Toward Canada (Vancouver: University of British Columbia Press, 1999), 92, p. E3.
170. Many believe other nations that are opposed to recognizing Canada's claim would follow the lead of the United States in this regard.
171. Former Canadian ambassador to the United States, Allan Gotlieb, "Bring Back the Special Relationship," Full Comment, 17 August 2007, available at network.nationalpost.com/ np/blogs/fullcomment/archive/2007/08/17/allan-gotlieb-bring-back-the-special-relationship.aspx.