ARCTIC : A VIEW FROM THE NORTH

Michael Mifflin

Threats to Canadian sovereignty in the , says Michael Mifflin, are not military threats; they are related to socioeconomic and environmental issues resulting from increasing air and maritime traffic. And while the Canadian Forces play a role in supporting ’s claim to sovereignty, Canada’s greatest claim lies with the Aboriginal title asserted by to the Settlement Area. Accordingly, asserting its sovereignty means having the ability not only to control and regulate access to Arctic waters, but also to promote and protect the health, the environment and the development of Canada’s Arctic citizens. Peaceful cooperation with other Arctic countries, in particular, will also strengthen Canada’s claim on the international stage.

Les menaces qui pèsent sur la souveraineté du Canada dans l’Arctique ne sont pas de nature militaire, écrit Michael Mifflin. Elles découlent plutôt des problèmes socioéconomiques et environnementaux liés à l’augmentation du transit aérien et maritime. Et bien que les Forces canadiennes jouent un rôle d’appui à nos demandes en matière de souveraineté, notre principal argument repose sur le titre ancestral que revendiquent les dans la région du Nunavut. Pour faire valoir cette souveraineté, il faudrait donc être en mesure de contrôler et de réglementer l’accès aux eaux arctiques, mais aussi de promouvoir et de protéger la santé, l’environnement et le développement économique des citoyens de l’Arctique canadien. La coopération avec d’autres pays arctiques, notamment avec la Russie, renforcerait de même les revendications du Canada sur la scène internationale.

anada’s sovereignty over its Arctic waters will be chal- as Canada cannot properly manage environmental impacts, lenged as a warming climate decreases the levels of collect duties, restrict access or claim ownership of resources C polar ice coverage, thereby making navigation easier for if the waters are considered an international strait. international marine traffic. Interest in the arises from its potential for international shipping. A ship carry- anada will have difficulty in asserting its claim to sover- ing oil from to Asia has to travel roughly 13,000 nautical C eignty if its Arctic citizens do not enjoy a standard of liv- miles using the Panama Canal; the same ship would travel 8,500 ing on par with that of southern Canadians. Controlling the nautical miles if it used the Northwest Passage. passage is key to Canada’s sovereignty and to the health and As new mining projects are constructed and tourism well-being of its Arctic citizens. Canadian Inuit have used the grows, the number of ships in Canadian Arctic waters steadi- frozen waters of the passage for hundreds of years. The ice pro- ly increases each year. There is also a recognition by territori- vides access for subsistence hunters to access seal, whale, wal- al governments of the occurrences of foreign naval activity rus and , as well as providing a bridge for caribou such as Chinese submarine activity near Tuktoyaktuk, North- migrations between their winter home and calving grounds west territories; Denmark’s attempts to claim off for some of the herds. Without access to these animals, the the coast of Nunavut; and US naval activity under ice and Inuit will lose an essential part of their subsistence needs and through the Northwest Passage, on two known occasions. culture. If icebreakers are allowed unchecked access to the pas- The debate over the Northwest Passage centres on sage, the lives of northern people will be dramatically affected. Canada’s claim that the waters of the Canadian Arctic Mining development projects have plans for supply ships to Archipelago are the of Canada and do not pass through both the eastern and western entrances of the constitute an international strait. Canada’s claim is disputed Northwest Passage, affecting the timing of seasonal ice break- chiefly by the US, which maintains that naval access to all the up around many of Nunavut’s communities. world’s oceans is essential to its national security. The distinc- Canada’s claim to sovereignty over its Arctic lands and tion between internal and is important, waters means it is responsible for taking concrete action. A mil-

POLICY OPTIONS 55 MAY 2007 Michael Mifflin

itary presence and surveillance are Nunavut has no roads connecting Unfortunately, mineral develop- important, but in order for Canada to communities; therefore all intercommu- ment is currently rushing ahead without maintain sovereignty over the Arctic nity travel must be by air or sea. In addi- all of the necessary regulatory and region it must ensure that its Arctic com- tion, the federal government has no enforcement controls to ensure environ- munities are prosperous and healthy. harbour investments in Nunavut. The mental protection, and without the While the settling of lands claims and the cost of air and marine transport in the long-term planning and input from the devolving of some federal powers to ter- North as well as the government invest- territorial government to ensure ritorial governments have strengthened ment necessary will increase dramatical- Nunavut’s people benefit. As such, gov- civil society in the Arctic, in Nunavut ly in the near future, as new ernment and communities are missing out on valuable transporta- A military presence and surveillance are important, but in order tion and energy infrastruc- for Canada to maintain sovereignty over the Arctic region it ture, as well as the means to must ensure that its Arctic communities are prosperous and maximize social and envi- healthy. While the settling of lands claims and the devolving of ronmental health benefits. some federal powers to territorial governments have aving the ability to strengthened civil society in the Arctic, in Nunavut there is no H monitor all foreign federal investment in marine harbours, there are no roads activities on land, air and linking communities, and there is little or no long-term water, and the capacity to respond quickly and appro- planning to ensure territorial governments and communities priately to emergencies, is benefit financially from the infrastructure and revenue that essential for Canada to claim should accompany resource development. ownership of and to manage its Arctic waters. Currently in there is no federal investment in marine government regulations are set to the Arctic there is no surface or sub-sur- harbours, there are no roads linking com- restrict gravel strip landing for larger air- face ocean radar system (similar to those munities, and there is little or no long- craft and to phase out the heavily used on our eastern and western seaboards) to term planning to ensure territorial combi-aircraft (passenger-cargo). This monitor submarine or ship traffic at the governments and communities benefit lack of transportation infrastructure is entrances to the Northwest Passage. financially from the infrastructure and preventing communities from tapping Moreover, given the size of the territory, revenue that should accompany resource economic development opportunities. the increasing level of shipping activity development. If managed responsibly, During the planning stages of min- and the hundreds of over-flights annual- resource development could well be the ing development, tri-party collaboration ly by national and international passen- key to the success of Arctic communities between Aboriginal, territorial and fed- ger airplanes, the southern-Canada-based and could strengthen Canada’s adminis- eral governments is necessary. By assist- Search and Rescue (SAR) program is woe- tration and control over its Arctic waters. ing mining companies in relocating the fully inadequate. If there were a major construction of port and harbour facili- environmental disaster, such as an oil here is great potential for natural ties to populated places, the federal gov- spill or a large passenger airplane crash, T resource development to assist ernment would enable Arctic the Canadian Forces’ ability to respond Aboriginal, territorial and federal govern- communities to benefit from major eco- would be very limited and the response ments in reaching the goal of economic nomic development. At the same time, would have to be coordinated from bases sufficiency, while also strengthening sov- the government’s quest to regulate and located in southern Canada. ereignty claims. Natural resource extrac- control marine traffic in the Northwest Canada maintains 41 radar stations tion — for example, mining — requires Passage would be enhanced. as part of the joint Canada-US North major infrastructure to support its activi- Nunavut is in the fortunate posi- Warning System. The North Warning ties. This includes valuable transporta- tion of being one of the most attractive System provides advance warning of tion and energy infrastructure such as places for gold, diamond and other min- foreign air activity over Arctic skies to port facilities, roads, rail lines, airstrips ing investment in the world. Although NORAD. Surveillance is set to greatly and wind and hydroelectric develop- regulatory and taxation regimes must improve in the coming year with the ment, funded entirely or in part by pri- remain competitive, Nunavut has con- addition of space-based satellite cover- vate companies. Unfortunately, due to siderable leverage over most jurisdic- age. And this year the Department of the remoteness of these resources, the tions when it comes to creating National Defence will launch Project assets are often placed far from Arctic legislation and policy that properly pro- Polar Epsilon, which will provide real- communities; hence their utility ends tects the environment and reaps maxi- time satellite imagery in all weather, with the closure of the project. mum economic benefit for its people. within a 3,000-km radius, passing over

56 OPTIONS POLITIQUES MAI 2007 Arctic sovereignty: a view from the North

Photo: John Thompson Snowmobiles and a Twin Otter sit at the Eureka weather station on Ellesmere Island on March 31. Eureka was the halfway point for Canadian Rangers and regular forces who travelled from Resolute Bay to Alert for Operation Nunalivut 2007, the military’s most recent sovereignty operation. the 14 times daily. The satel- are related to pollution and increasing air Aboriginal health and pollution preven- lite will be able to monitor ships, air- and maritime traffic, it is therefore essen- tion in Arctic waters. craft and pollution. The one major gap tial that the Canadian Forces work with In 1987, former Russian president in Canada’s surveillance capabilities other government departments. The Mikhail Gorbachev laid the foundations will be in the monitoring of ship and Coast Guard, Fisheries and Oceans for an ideal model of Arctic cooperation. submarine activity near the entrances Canada, Transport Canada, the RCMP In a speech from , Russia, to the Northwest Passage. and Indian and Northern Affairs Canada Gorbachev called for a radical lowering of Presently, Canada’s greatest asset all have dedicated northern enforcement the level of military confrontation in the with regard to dedicated presence, mon- capacities. Although the Canadian Forces Arctic, and for peaceful cooperation itoring, and search and rescue is the have begun preliminary discussions with among Arctic countries, in the form of an Canadian Forces’ Canadian Rangers. Its other government departments, no con- . The council would work members are volunteers from local com- crete action has yet taken place. to develop Arctic natural resources such munities in the Canadian Arctic. There as offshore oil (Canada and Norway); are 94 patrols for a total of approximate- anada’s ability to regulate activities would promote partnerships on scientif- ly 2,861 rangers living in communities C in its Arctic waters and to protect ic research activities — for example, the all over the Canadian North, the most the environment and health of its Arctic Canada-Russia scientific exchange pro- northern being Grise Fiord on Ellesmere citizens is linked to its ability to work gram; and would provide prior notifica- Island. Sovereignty patrols are conduct- with other circumpolar countries in solv- tion as well as observers for all naval and ed by snowmobile, covering thousands ing environmental problems, collaborat- air force exercises. Finally, Gorbachev of kilometres, to remote locations all ing on sustainable development and announced Russia’s intention to open its over the Arctic several times a year. The establishing the Arctic region as an area to shipping. Canadian Rangers are helping to ensure of peaceful cooperation. Russia is the Canada has had a long-standing tra- Canadian sovereignty in the Arctic by largest country in the circumpolar world dition of engaging the Soviet Union in providing a constant military presence and can be an important ally for Canada world forums, from the first delegation to and lending local traditional knowledge in its claim that the Northwest Passage’s the UN in 1947 to the Trudeau era of to search and rescue and surveillance waters are the internal waters of Canada. Canadian foreign policy, and now the activities. Canada has a long-standing relationship work with Russia on disarmament issues As the threats to Canadian sover- with Russia on sustainable northern such as preventing a space-based arms eignty in the Arctic are not military but development, trade, disarmament, race. Canada is also heading the cam-

POLICY OPTIONS 57 MAY 2007 Michael Mifflin

paign to engage Russia in the North developed the necessary legislation to shelf, and if this proves to extend beyond Atlantic Treaty Organization (NATO), regulate marine traffic and to benefit the 200-mile limit, it can extend its terri- through the 1997 founding of the NATO- from the charging of transit tariffs. torial boundaries and benefit from the Russia Permanent Joint Board. The Inuit Russia’s and Canada’s legal regimes are rights therein. These rights include pow- Circumpolar Conference, the Arctic both based on the provisions of the ers over mineral and biological resources Council and the 2000 memorandum of 1982 UN Convention on the Law of and jurisdiction in environmental mat- understanding between Canada and the Sea (article 234, Ice Covered Areas), ters. While these measures combined Russia on Aboriginal and Northern which accords a right to coastal states provide a framework for control, Development are all forums through to adopt and assure nondiscriminative Canada’s ability to enforce these Acts is which cooperation is taking place on laws and regulations to prevent marine limited to seeking voluntary reporting socioeconomic and environmental issues pollution from vessels. from ship operators. in the Arctic. The Canada Arctic Waters Pollution Prevention Act enables Canada to set he strength of Canada’s claim to he ’s policy standards for hull construction and the T Arctic sovereignty is directly relat- T document Northern Dimensions of qualifications of operators, and to ed to the prosperity of its northern cit- Canada’s Foreign Policy (2000) izens and its ability to control recognizes that a prosperous In the administration of the Northern international marine traffic in Russia is crucial to the stability Sea Route, running along the coast of the Northwest Passage. Canada of the international system. the Russian Arctic from Novaya must also increase its regulato- Canada has helped Russia Zemlya in the west to the Bering Strait ry and enforcement capabilities rebuild its economy through its in Arctic waters. Deepwater economic support and its foster- in the east, Russia faces challenges ports as administrative check- ing of trade relations. Canada is similar to Canada’s. Russia opened this points are needed, as is an exploring the possibility of passage to international shipping increased Coast Guard presence another trade link with Russia — activity in 1991. It has invested to enforce regulations and pro- the “Arctic bridge,” a shipping vide emergency response link between Murmansk, Russia, enormous material and human capacity. The Canadian Forces and Churchill, . The resources in exploring and equipping have a continued role to play link would allow Russian refined this route. Powerful icebreakers and in developing an Arctic-based crude oil to be shipped from the icebreaking cargo ships have been search and rescue program, port of Murmansk to Hudson maintaining military presence Bay, and then by rail all the way constructed, and deepwater ports and and providing surveillance. down to the southwestern navigational systems have been Strategic development of United States. In addition, the established. Like Canada, Russia claims Arctic natural resources to meet route would be used to open up the waters of the Northern Sea Route socioeconomic goals would new markets in Europe for west- increase living standards in ern Canadian products such as are its internal waters. It has Arctic communities. However, softwood lumber and grain. developed the necessary legislation to territorial and federal govern- In the administration of regulate marine traffic and to benefit ments must identify the goals the Northern Sea Route, run- from the charging of transit tariffs. to private industry developers. ning along the coast of the Governments should stipulate Russian Arctic from Novaya Zemlya in impose pollution prevention regula- that plans for major port facilities by the west to the Bering Strait in the east, tions. The regulation of hull construc- private industry be built in nearby Russia faces challenges similar to tion is important because only specific communities. Finally, developing Canada’s. Russia opened this passage to types of ship construction can with- common regulatory standards with international shipping activity in 1991. stand the pressure of thick polar pack Russia for the Northwest and North- It has invested enormous material and ice. Regular container ships would easily east Passages will strengthen Canada’s human resources in exploring and be crushed by the ice, which could lead claim on the international stage to equipping this route. Powerful ice- to major environmental disasters. The Arctic sovereignty. breakers and icebreaking cargo ships Canada Shipping Act provides additional have been constructed, and deepwater safety measures to mitigate oil spills. Michael Mifflin resides in Iqaluit, Nunavut, ports and navigational systems have Recently, Canada and Russia ratified and works for the territorial government. been established. Like Canada, Russia the United Nations Convention on the The opinions expressed are those of the claims the waters of the Northern Sea Law of the Sea. This convention obliges author and do not necessarily reflect those Route are its internal waters. It has each signatory to map its continental of the Government of Nunavut.

58 OPTIONS POLITIQUES MAI 2007