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2014 A historical and legal study of sovereignty in the Canadian north : terrestrial sovereignty, 1870–1939

Smith, Gordon W.

University of Calgary Press

"A historical and legal study of sovereignty in the Canadian north : terrestrial sovereignty, 1870–1939", Gordon W. Smith; edited by P. Whitney Lackenbauer. University of Calgary Press, Calgary, Alberta, 2014 http://hdl.handle.net/1880/50251 book http://creativecommons.org/licenses/by-nc-nd/4.0/ Attribution Non-Commercial No Derivatives 4.0 International Downloaded from PRISM: https://prism.ucalgary.ca A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH: TERRESTRIAL SOVEREIGNTY, 1870–1939 By Gordon W. Smith, Edited by P. Whitney Lackenbauer

ISBN 978-1-55238-774-0

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Acknowledgement: We acknowledge the wording around open access used by Australian publisher, re.press, and thank them for giving us permission to adapt their wording to our policy http://www.re-press.org 7 137 Canadian Government Expedi t ions to Nort hern Wat ers, 1897–1918

The preceding chapters have attempted to describe events, situations, and disputes that provoked increasing concern on the part of Canadian authorities regarding the security of the more north- erly parts of the territories which had been turned over to in 1870 and 1880. The Canadian government’s response was the gradual initiation of a program of action, rather limited but none- theless designed to solidify and consolidate Canadian sovereignty over the territories in question. Some aspects of this program, such as the attempts to organize these territories into districts, de- fine their boundaries, and provide (at least for the Yukon) the basic elements of an administration, have already been described. Other aspects included the dispatch of Mounted Police units to vari- ous parts of the North to maintain law and order and the dispatch of government expeditions to northern waters to keep an eye on foreign whalers, traders, and others; to initiate the application of Canadian laws and regulations; and to bring these regions and their inhabitants under Canadian administration more generally. This chapter focuses on these early government expeditions, which eventually developed into the principal device used to assert supervision and control in the archipelago.

William Wakeham (1897)

The first Canadian government expedition was sent out in 1897 under the authority of the reconsti- tuted Department of Marine and Fisheries1 and commanded by Dr. William Wakeham (who had been serving as Canada’s representative on the International Fisheries Commission). When the project was first discussed in the House of Commons, the stated purpose of the $35,000 requested for it was “to provide for another expedition by water to , to settle, if possible, the practicability of the route for commercial purposes.”2 Certain questions regarding the navigabil- ity of Hudson Bay and Strait had not been conclusively settled by the voyage of Lieutenant A. R. Gordon in the 1880s, particularly because of strong disagreements which had emerged afterwards. Therefore, government officials hoped that the new expedition would provide some definite- an swers. Speaking in the Commons discussion after the new Liberal Minister of Marine and Fisheries 138

Figure 7-1: G.L. Bourchier, Map of Hudson Bay and Strait showing the track pursued by S.S. “Diana” during the season of 1897 in command of Dr Wakeham, Dept of Marine and Fisheries, Canada, in Report of the expedition to Hudson Bay and Cumberland Gulf in the steamship “Diana” under the command of William Wakeham, Marine and Fisheries Canada, in the year 1897, published in Canada Sessional papers (no. 11B), vol. XXXII, no. 9, 1898. Courtesy of Centre for Studies, Memorial University Libraries. Map 146.

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH , Sir , who conclusion, in reference to the navigation sea- had filled the same post for the Conservative son, was that the advice of Lieutenant Gordon government a few years earlier, remarked: “The had been essentially sound: hon. Minister will recollect that there was a dispute carried on for years between Admiral I now conclude this part of the re- Markham and Commander Gordon as regards port by saying that I absolutely agree the result of that investigation, and as to the with Captain Gordon in fixing the 139 navigability of these waters for a certain per- date for the opening of navigation in iod.” George Elliott Casey of West Elgin ob- , for commercial pur- served, “There is no doubt that it was the desire poses, by suitable vessels, at from 1st on the last occasion to find that the Hudson to the 10th July…. For all the reasons Straits were not navigable.”3 I have enumerated, I consider the Commander William Wakeham was 20th of October as the extreme limit instructed to try to find out if the navigation of safe navigation in the fall. To such season recommended by Gordon from ap- brave and experienced mariners as proximately 1–10 July to the first week in Oc- those who accused Capt. Gordon of tober could safely be extended.4 In his post-ex- timidity because he refused to force pedition report Wakeham wrote: the “Alert” through the ice of Hud- son Strait in June, after she had lost Now, as I understand the pos- her stem plate, or who have dubbed ition, there is no question of the nav- the hardy men from Newfoundland igability of the strait with suitable who manned and sailed the “Diana,” vessels during a certain season…. I as “feather bed sailors,” because we was not sent up to decide whether left the strait with the end of Octo- Hudson Strait could be navigated ber, these conditions are frivolous with suitable vessels within the dates and will have no influence; but to mentioned – that question was set- the ordinary sailor and ship owner, tled, but what was required to meet I flatter myself, sir, they will be plain the claims of those not satisfied with and sufficient.6 the dates above given, was a further test over a longer season, both spring Although the primary purpose of the exped- and fall.5 ition was to investigate navigation problems, a further purpose is also evident: to assert and Sailing in the chartered steam whaler Diana, uphold Canadian sovereignty in the region Wakeham had entered Hudson Strait on 22 visited. Speaking for the Conservative govern- June and finally left it on 30 October. Between ment in the Senate before the defeat of 1896, these dates, he made four round trips through well over a year before the expedition set sail, the strait and also visited Sir said: and Churchill. In the meantime, geological parties from the ship under Dr. Robert Bell and It is not the intention of the A. P. Low conducted investigations in southern government at present to dispatch and Ungava. Wakeham’s firm a vessel exclusively for the purpose

7 | Canadian Government Expeditions indicated, but the Departments of to the navigability was passed, I was to leave Customs and Marine and Fisheries the strait and proceed on other work; resum- have under consideration the pro- ing the navigation of the strait in the autumn priety of keeping a vessel in Hudson of the year.” But he does not reproduce the Bay, for some time, for the purpose instructions, nor do they appear to have been of protecting the revenue and also printed in departmental reports or elsewhere.9 140 for the protection of the fisheries. As His narrative, however, indicates his activities most hon. gentlemen who have paid related to this part of his assignment. He found any attention to the matter know, out as much as he could about , fishing, fisherman from the United States and trading activities in the parts he visited, have been poaching on our fishing called at Hudson’s Bay Company and whaling reserves for many years, and taking posts, and tried to contact any ships in the re- from those northern waters a good gion. He learned10 that only three American deal of wealth which properly be- whaling ships had been visiting Hudson Bay in longs to us.7 recent years and that there were only two whal- ing posts in Cumberland Sound, both of them Obviously the new Liberal administration de- Scottish. Consequently, he did not see much cided to go ahead with the project, and on 6 reason for alarm over such enterprises, nor did May 1897, fisheries minister Davies reported to he feel that much revenue was being lost, even the House of Commons in the following terms: though Canadian duties were not being paid on goods brought in. His task of taking formal It has been reported to me that possession of the territory was performed at some American whalers have for Kekerten in Cumberland Sound on 17 August, a series of years visited Cumber- where, in the presence of the Scottish whaling land Sound, north of Hudson’s Bay agent, some , and his own crew, he raised Straits, and have acted as if they the Union Jack and declared that “the flag was owned the country; and my instruc- hoisted as an evidence that Baffin’s Land with tions to Commander Wakeham were all the territories, islands and dependencies to proceed up the Sound, to take as adjacent to it were now, as they always had formal possession of the country as been since their first discovery and occupation, possible, to plant the flag there as no- under the exclusive sovereignty of Great Brit- tice that the country is ours, and take ain.”11 It would appear that Wakeham was the all necessary precautions to inform first leader of a Canadian expedition to make natives and foreigners that the laws such a proclamation, under government or- must be observed, and particularly ders, after the transfers of 1870 and 1880. the customs laws of Canada.8 Although there had been some anticipation that Wakeham’s expedition would initiate In his report, which was addressed to Davies, a continuing government presence in the Wakeham mentions “the instructions con- Hudson Bay region, this did not turn out to be tained in your letter of the 23rd of April last,” the case. When Conservative William James and probably refers to this aspect of them a little Roche asked in the House of Commons on 18 further on, where he writes, “when all doubt as May 1899, “What action does the Government

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH propose to take on the strength of information On a Memorandum dated 8th obtained by the expedition?” Davies replied August 1903, from the Minister that “no action is at present contemplated.”12 of Marine and Fisheries, recom- In fact, no further expedition of this type took mending that Mr. Albert P. Lowe place for half a dozen years, the next being that [sic], of the Geological Survey of of Albert Peter Low in 1903–4. Canada, be appointed officer in charge of the Expedition to Hudson 141 Bay and Northward thereof, in the Albert Peter Low (1903–4) Steamship “Neptune” – The Minister further recom- In the case of Low’s expedition, the priorities mends that under the provisions of were reversed: its primary concern was with the Section 2 of Chapter 95 of the Re- question of sovereignty, and other matters such vised Statutes of Canada, Mr. Lowe as navigation were secondary considerations. be appointed a Fishery Officer for This was an official Canadian government- ex Canada, with authority to exercise pedition that had as its deliberate purpose the therein during his term of office establishment of Canadian sovereignty over as such Fishery Officer, the powers Hudson Bay and at least part of the Arctic archi- of a Justice of the Peace for all the pelago, and as such it constitutes one of the im- purposes of the Fishery Laws and portant landmarks in Canada’s effort to bring Regulations. this region under effective control. The govern- The Minister also recommends ment intended it to initiate genuine regulation that a Commission be issued to Mr. of the fishing and whaling industry in Hudson Low conveying the powers above Bay and the waters near Baffin Island, establish described and such others as may be posts for the collection of customs, and gener- requisite for him to exercise in his ally impress upon both Inuit and whites in the capacity as Officer in Charge of the 15 region that they were subject to Canadian law. Expedition in question. In addition, a small staff of scientists would ac- company the expedition to bring back as much The commission itself was phrased in only the technical and scientific information as possible most general terms, however, the operative pas- in a variety of fields, notably meteorology, navi- sage being worded thus: gation, geology, botany, and zoology.13 Low was appointed to the command of the We have constituted and ap- expedition early in June 1903, according to his pointed, and We do hereby consti- report,14 but the official order in council con- tute and appoint you the said Albert firming the appointment was not issued until Peter Low to be officer in charge of 13 August, and he was formally commissioned the expedition to Hudson Bay and on the same day. The order in council reads as northward thereof in the Steamship follows: Neptune, To have, hold, exercise and enjoy the said office of officer in charge of the expedition to Hudson Bay and

7 | Canadian Government Expeditions northward thereof in the Steamship if you would adopt the same course Neptune unto you the said Albert with regard to the officers who are to Peter Low, with all and every of the be appointed by your Department. powers, rights, authority, privileges, It is the Minister’s wish that the profits, emoluments and advantages instructions to the Captain who is unto the said office of right and by to be in charge of the vessel should 16 142 law appertaining during pleasure. be prepared by yourself, the Deputy Minister of Marine and Fisheries, Besides Low, who was geologist as well as and myself, and that the same should commander of the expedition, the senior per- provide that the Captain in charge of sonnel were Major J. D. Moodie of the North the vessel, the Police Officer, and Mr. West Mounted Police (NWMP), who was ap- Low should constitute a sort of exec- pointed a commissioner, customs officer, and utive committee for consultation in stipendiary magistrate, and Samuel W. Bartlett regard to matters of general import- of the famous Newfoundland seafaring family, ance effecting the expedition. who was the ship’s captain. Officially, the -ex I will be glad to meet you and pedition was under the Department of Marine Colonel Gourdeau at any time which and Fisheries, but several other departments or may be found convenient for us to do branches were involved, notably the Depart- so, but in the mean time the Minister ment of the Interior and the NWMP. Some of would be glad if you would take the the correspondence, notably that concerning necessary steps to have your instruc- the appointment of Major Moodie, throws a tions to whoever may be appointed good deal of light upon the background, scope, as Police Officer, prepared and issued and purpose of the expedition. at once. On 30 July 1903, Deputy Minister of the As you will observe from the Interior James A. Smart sent the following let- memorandum, the officer of the ter and memorandum to Colonel Fred White, North West Mounted Police will be comptroller of the NWMP: commissioned to act as Collector of Customs for the whole Territory, I beg to enclose you herewith a and will also be commissioned as sti- copy of a memorandum respecting pendiary Magistrate. the expedition to Hudson Bay. As you It is the Minister’s wish also that will observe, this memorandum sets copies of all the instructions and out fully the nature of the proposed commissions should be on file in expedition, as well as the manner in both the Departments of Marine and which it is to be conducted. I have Fisheries, and Interior, and I would written to both Doctor [Robert?] be glad therefore, if you would kind- Bell and Colonel [F.] Gourdeau [the ly furnish me with a duplicate of the Deputy Minister of Marine and Fish- same for that purpose.17 eries] asking them to have the ne- cessary instructions to their officers Memorandum. issued at once, and I would be glad

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH During the last year information As to the coast and islands has been received to the effect that Northward from Hudson Bay it is American traders and whalers are in proposed immediately to send an the habit of landing upon Hershell expedition under the Marine and Island, at the mouth of the McKenzie Fisheries Department which shall be [sic] River, and at or near the mouth for the purpose of patrolling and ex- of the McKenzie River carrying on ploring and establishing the author- 143 a whaling, fishing and trading in- ity of the Government on the points dustry, and that the same thing has in question. been going on to some extent on the Scientific observers from the North West coast of the Hudson Bay Geological Survey and the Depart- and upon the islands North of the ment of Marine and Fisheries will ac- Hudson Bay in the Arctic Circle. company the expedition, also a pho- There is not believed to be any tographer from the Survey Branch question as to the absolute title of of the Department of the Interior. Canada to these territories and The object in sending these officers islands but it is feared that if Amer- is to collect all possible information ican citizens are permitted to land in regard to the territory visited and and pursue the industries of whaling, to have the information collected fishing and trading with the Indians in exact and scientific form so as to without complying with the revenue be available for future use. It is also laws of Canada and without any as- proposed to send a commissioned sertion of sovereignty on the part of officer of the North West Mounted Canada unfounded and troublesome Police with four or five men who will claims may hereafter be set up. The establish the post at the place found following has therefore been mapped to be most convenient. Materials for out: permanent buildings will be taken Superintendent Constantine of up. The post will be provisional for the North West Mounted Police has two years but it is the intention that been sent overland to the mouth of the patrol will return and visit the the McKenzie River and will shortly post every year. The officer of the reach that point. There he will es- North West Mounted Police will be tablish authority of the Government commissioned to act as Collector and at the earliest possible date will of Customs for the whole territory make a report containing the neces- and will also be commissioned as sary information upon which to base stipendiary magistrate. The details further action. It is believed that as to the working out of the scheme next year it will be wise to send an must necessarily be left largely to expedition around by way of Behring the experience and judgment of the Straits to establish a permanent post officers in charge. Mr. Low, of the wherever recommended by Super- Geological Survey, who has already intendent Constantine. explored extensively in the Hudson

7 | Canadian Government Expeditions Bay district, will be the geologist ac- committee to jointly decide on what companying the expedition. shall be done and where the perma- The ship commissioned for the nent post shall be located. They will expedition is the “Neptune.” The of- further be asked to make a full re- ficers and crew will consist of- Cap- port as to what should be the policy tain, two mates, chief engineer, two of the Government in dealing with 144 assistant engineers, six stokers, chief the administration of these territor- steward, two assistant stewards, one ies, apart from the technical report cook, assistant cook, boatswain, car- which each of them will be required penter, gunner, surgeon and twelve to furnish to his own branch of the able seamen. service.18 The cost of the expedition, ap- proximately, will be: Colonel White responded with the following instructions to Major Moodie, which were ex- Charter of steamer…. $1,800 per month plicit about the role of the NWMP as he under- Wages of crew…. 1,200 per month stood it: Surgeon…. 100 " " Photographer…. 75 " " The Government of Canada hav- Maintenance of crew and staff…. 700 " " ing decided that the time has arrived Coal (200 tons per month)…. 1,700 " " when some system of supervision Engine and deck supplies…. 200 " " and control should be established over the coast and island in the Total…. $5,775 northern part of the Dominion, a vessel has been selected and is now It is to be noted that the pro- being equipped for the purpose of pa- visioning and equipment must trolling, exploring, and establishing contemplate absence for two years the authority of the Government of although in all probability the ship Canada in the waters and islands of will return next year in the spring Hudson Bay, and the north thereof. and go back in the fall, but there is In addition to the crew, the vessel always a possibility in those waters will carry representatives of the Geo- of a ship being icelocked and ample logical Survey, the Survey Branch of provision must be made against such the Department of the Interior, the a contingency. Department of Marine and Fish- It will be understood that our eries, the Royal Northwest Mounted knowledge of the Northern portions Police and other departments of the of the territories in question being public service. so unexact no very definite instruc- Any work which has to be done tions can be given as to the location in the way of boarding vessels which of the post. The Captain in charge may be met, establishing ports on of the expedition, the police officer the mainland of these islands and and Mr. Low, the geologist, will be a the introduction of the system of

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH Government control such as prevails representing the authority of the in the organized portions of Canada Canadian Government can be sta- has been assigned to the Mounted tioned and exercise jurisdiction over Police, and you have been selected the surrounding waters and territory. as the officer to take charge of that It is not the wish of the Gov- branch of the expedition. ernment that any harsh or hurried You will have placed at your dis- enforcement of the laws of Canada 145 posal a sergeant and four constables; shall be made. Your first duty will you will be given the additional pow- be to impress upon the captains of ers of a Commissioner under the Po- whaling and trading vessels, and the lice Act of Canada, and you will also natives, the fact that after consider- be authorized to act for the Depart- able notice and warning the laws ment of Customs. will be enforced as in other parts of Mr. Low, the geologist; the cap- Canada. tain in command of the vessel; and You will keep a diary and for- yourself will be constituted a Board ward, whenever opportunity offers, to consult and decide upon any mat- full and explicit reports on all mat- ters which may arise requiring con- ters coming under your observation sideration and joint action. in any way affecting the establish- The knowledge of this far ment of a system of government and northern portion of Canada is not the administration of the laws of sufficient to enable definite instruc- Canada.19 tions to be given you as to where a landing should be made, or a police The above documents seem to reveal a certain post established; decision in that re- amount of confusion in the planning and or- spect to be left to the Board of Three ganization of the expedition, particularly with above mentioned, and wherever it is regard to the responsibilities of the depart- decided to land you will erect huts ments and individuals involved. For example, and communicate as widely as pos- although it was clearly specified that the ex- sible the fact that you are there as a pedition was to be under the Department of representative of the Canadian Gov- Marine and Fisheries, Deputy Minister Smart ernment to administer and enforce of the Department of the Interior wrote the Canadian laws, and that a patrol ves- letters to the other senior officials asking them sel will visit the district annually, or to have instructions issued to the officers, and more frequently. in speaking of the wishes of “the” minister he It may happen that no suitable must surely have been referring to his own location for a post will be found, in minister (Clifford Sifton). Although the order which case you will return with the in council noted Minister of Marine and Fish- vessel but you will understand that eries Raymond Préfontaine’s recommendation it is the desire of the Government that Low be appointed officer in charge of that, if at all possible, some spot the expedition as well as a fishery officer with shall be chosen where a small force the powers of a justice of the peace for all the

7 | Canadian Government Expeditions purposes of the fishery laws and regulations, of state he desired that there should the memorandum and White’s letter to Moodie be no discussion in the House on the said that Low be commissioned to act as col- subject. I spoke to my hon. Friends lector of customs for the whole territory and as and the vote went through without stipendiary magistrate. Again, although both a word of discussion. That vote was the order in council and Low’s commission for the very purpose of protecting 146 make it clear that he was to be officer in charge those northern lands and having of the expedition, both the memorandum and the British flag fly over them…. The White’s letter speak of Low only as geologist, Minister of the Interior of that day, while the memorandum refers to the captain now the member for Brandon (Mr. as being in charge of the expedition. Low him- Sifton), came to me across the floor, self does not seem to have been in any doubt presented to me certain documents about his position as commander, which was of a confidential nature, asked me confirmed by the order in council and the com- to consider them and the vote which mission, and there does not appear to be any was to be founded upon them for the evidence that the confusion caused any trouble purpose of preventing this poaching during the expedition.20 in northern waters and thus avoid Preparations for the voyage were made with such claims as were made in connec- as little publicity as possible – and one might tion with the Alaskan Boundary. Af- almost say in a cloak-and-dagger atmosphere. ter twenty-four hours consideration, What was not said publicly at the time, how- I arranged with gentlemen on this ever, was said with emphasis three years later. side that, for reasons of state, there Replying to repeated charges by the new Min- would be no discussion when that ister of Marine and Fisheries Louis-Philippe estimate went through the House.21 Brodeur that the Opposition was willing to let the Americans take possession of the northern A little later in the same debate, Borden referred territories, Conservative Leader to a confidential memorandum he had been spoke as follows: given by a member of the government, and read excerpts from it.22 These excerpts show that it Either the hon. minister does was the memorandum which Deputy Minister not know the history of his own and Smart had sent with his letter to Colonel White other departments of the govern- on 30 July 1903 and which is reproduced above. ment or else he has taken a course Borden’s statement was supported by other which I would not like to charac- opposition members, among them David Hen- terize in this House as it deserves. derson, who remarked: If he knew what he was speaking of, he would know that one of his I well remember, some two years colleagues came to me some two ago, the circumstances referred to by or three sessions ago and explained the leader of the opposition, when that he wanted a certain vote passed we on this side of the House were re- for the purpose of patrolling those quested by a minister of the Crown waters, but that for certain reasons not to discuss the item that was to

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 147

Figure 7-2: Low Expedition, 1904. Andrew Taylor, Geographical Discovery and Exploration in the (: Department of Mines and Technical Surveys, 1964), 111. By permission of Natural Resources Canada.

be voted for the purpose of sending Bernier’s projected expedition to the North out an expedition; we were asked to Pole, Minister of Marine and Fisheries Ray- do so because the government did mond Préfontaine had remarked (in reference not wish to show to the people of the to Low’s assignment) that “at the present time United States the weakness of our an expedition has left for the northern part of position; therefore we were asked to Hudson Bay. And why? Simply to organize that remain silent and assent to the item territory, to protect our interests in it and keep going through.23 it for Canada.”24 Officials felt that once Low was on his way he would be in a position to take It seems apparent that whatever the need for se- the necessary action, and therefore, it was no crecy may have been about midsummer 1903, longer important to keep the project a secret. it had disappeared three years later in 1906. The expedition left Halifax on 23 August Nonetheless, the silence had been broken long 1903 and returned on 12 October 1904. Besides before this time. As early as 30 September 1903, Commander Low, Major Moodie, and Captain during a Commons discussion of Captain J.-E. Bartlett, the ship’s company included a crew of

7 | Canadian Government Expeditions twenty-nine, five other members of the NWMP, On the east coast of , not a scientific staff of five, and an Inuit interpreter far from ’s last camp at Cape picked up at Port Burwell.25 TheNeptune pro- Sabine, Low took formal possession of the is- ceeded in turn to Port Burwell, Cumberland land for Canada. He describes the proceedings Sound, Hudson Strait, and Fullerton Harbour in the following words: at the northwest of Hudson Bay, where the ex- 148 pedition wintered. In the summer of 1904, the It took little time to attend to ship passed out again through Hudson Strait the duties of the landing at Cape and northwards to Ellesmere, Devon, Somer- Herschel, where a document taking set, Bylot, and Baffin Islands, through the Strait formal possession in the name of again to Fullerton, and then home to Halifax, King Edward VII., for the Domin- making frequent stops en route to visit settle- ion, was read, and the Canadian flag ments and collect scientific data. was raised and saluted. A copy of the The activities of Low and Moodie during document was placed in a large cairn the voyage show how they undertook to carry built of rock on the end of the cape.30 out their assignment. Low gathered a great deal of information about the regions visited – their Low does not himself give the text of his proc- geography, geology, and Inuit inhabitants, the lamation, but elsewhere it has been reproduced work of previous explorers, the Scottish and as follows: American whaling industries, the prospects for navigation – and incorporated it in his ac- In the name of His Most Gra- count of the voyage. On 4 September 1903, the cious Majesty King Edward VII, Neptune landed near in Cum- and on behalf of the government of berland Sound, and the next day Major Moodie the Dominion of Canada, I have this explained the intentions of the Canadian gov- day taken possession of the Island of ernment to the Anglican missionaries and the Ellesmereland, and of all the smaller agent of the Scottish whaling establishment islands adjoining it, and in token of located there.26 Over the next few days, visits such formal possession I have caused were made to another Scottish whaling station the flag of the Dominion of Can- at , also in Cumberland Sound, ada to be hoisted upon the Island of and to a station at Cape Haven in Cyrus Field Ellesmereland, and have deposited Bay operated by Potter and Wrightington of a copy of this document in a sealed Boston.27 In accordance with instructions, metal box placed in a cairn erect- Low searched for Captain George Comer of ed on the conspicuous headland of the American whaler Era and wintered with Cape Isabella. him at Fullerton, maintaining good relations throughout their stay together.28 Major Moodie (Sgd) A. P. Low decided that Fullerton would be a suitable lo- Officer Commanding cation for a police post and erected a building The Dominion government’s ex- there, leaving several members of the Mounted pedition to Hudson Bay and North- Police in charge when the Neptune departed in ern waters.31 the summer of 1904.29

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 149

Figure 7-3: Hoisting the flag, Ellesmere Island, 1904. LAC PA-038265.

On 15 August, Low followed a similar pro- by Low was followed closely by his successor cedure at Beechey Island32 and two days later Captain Joseph-Elzéar Bernier, who was in the at , Somerset Island.33 Low did archipelago as a government agent each year not land on or claim any of the more wester- from 1904 to 1911. ly islands because his instructions limited the cruise westward in Lancaster Sound to Beechey 34 Island. Captain Joseph-Elzéar The 1903–4 expedition of Low and Mood- ie may be regarded as a deliberate attempt on Bernier (1904–11) the part of the Canadian government to take Captain Bernier had already had a long and ad- effective possession of the more easterly islands venturous career at sea before sailing on his first of the archipelago and to bring their inhabit- Arctic voyage in 1904.35 Born in 1852 at L’Islet, ants and commercial enterprise under Can- on the southern shore of the St. Lawrence about adian law. The pattern of activity initiated

7 | Canadian Government Expeditions fifty miles below City, he came from a In 1899–1900, he succeeded in salvaging the well-known French-Canadian seafaring family steamer Scottish King, which had been wrecked which for several generations had contribut- about forty miles south of St. John’s on the New- ed members to the ships that sailed in the St. foundland coast; his earnings of over $35,000 Lawrence River and Gulf. Bernier himself had for this exploit gave him a measure of the fi- become master of a ship at the incredibly ear- nancial independence he needed for the pro- 150 ly age of seventeen, and he had been all over motion of his enterprise. While occupied with the globe on scores of voyages. Apparently his these and other activities, he carried on a per- interest in had first been sistent campaign of tours, lectures, interviews, stimulated through witnessing the fitting out of solicitations, and appeals, not only throughout ’s Polaris in the Washing- Canada but in Great Britain and the United ton Navy Yard in 1871. Although he had not as States as well, with the object of stirring up yet undertaken any polar expeditions himself, public enthusiasm and financial support for his he had steeped himself in Arctic lore and had project.38 become a recognized authority on the subject.36 There is much information scattered He became obsessed with the desire to make throughout a variety of sources, but especial- the first conquest of the and to plant ly in the Laurier Papers, Bernier’s own papers, the British flag there, but he also became con- and Hansard, which, when pieced together, vinced, through long study of the problem, that tells a great deal about his efforts to bring his the traditional direct assault upon the Pole by expedition to reality and his conviction that it ship and then sledge was not the best method would be important in connection with Can- of attack. Taking note of the transpolar drifts ada’s sovereignty in these northern regions of the wreckage of Lieutenant-Commander and the security of her northern frontier. On George W. De Long’s Jeannette in 1881–83 and 5 March 1898, Bernier took his appeal directly of ’s Fram in 1893–96, Bernier to Prime Minister Laurier, apparently for the reasoned that if a ship were deliberately put first time, in a letter accompanied by a detailed into the right place in the ice north of Alaska plan.39 The plan itself had changed from the it would drift gradually to the northwest and original, since it now involved taking a ship to across the , passing so close to a point as far to the north as possible beyond the North Pole on the way to or the the mouth of the Lena, or alternatively to the Greenland Sea that it could be used as a base vicinity of Franz Josef Land, and then leaving from which the North Pole could be attained the ship and trying to reach the Pole by using on foot.37 houseboat, sledges, kayaks, dogs, and reindeer. Once Bernier had set his mind on this Laurier was evidently dubious about the plan, project, he pursued it with the enthusiasm, although the reason is not entirely clear, but tenacity, and determination that typified his Bernier kept up the pressure. Among his many efforts regardless of the task in hand. In his public appearances to promote his project were autobiography, he tells how, after 1872, his cab- speeches or lectures to la Société de géographie in aboard ship became an Arctic library. His de Québec,40 la Société littéraire et historique collection continued during periods ashore, as de Québec, the Quebec legislature, the Can- dockmaster at Lauzon from 1887 to 1890 and adian Institute in Toronto,41 the Royal Society as governor of the Quebec gaol from 1895–98. of Canada,42 the Royal Colonial Institute in

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH Il est au moins rationnel … que nous prenions possession du pays, îles et mers, etc., du bassin polaire et que nous l’occupions où y ayions au moins droit de cité; avant que nos entreprenants voisins des Etats- 151 Unis, qui s’y préparent, viennent ainsi nous déposséder de notre avoir territorial; car le Canada doit né- cessairement, tout en se terminant à l’Ouest au méridien d’Alaska, voir prolonger ce méridien le 140ème [sic] jusqu’au Pôle. Vers l’Est ce serait le 60ème méridien séparant le Canada du Groënland.45

In an interview published in the Wit- Figure 7-4: Captain J. E. Bernier. Library and ness on 9 February 1901, Bernier put forward Archives Canada / C-085035. his case in similar terms:

If the boundary between Canada and Alaska were continued north- ward it would strike the North Pole. 43 London, and, on several occasions, the mem- A similar line through Baffin Bay 44 bers of Parliament in Ottawa. Almost without prolonged to the pole should be Can- exception, his plans were well received, and the ada’s northeasterly frontier, and if fund of voluntary contributions grew slowly. our expedition reached the pole and Bernier lost no opportunity of letting Laur- we planted the flag there we could ier know about any additional support, either claim the whole country to the north moral or financial, that he received, and there of us by right of discovery.46 were other testimonials which were apparently unsolicited and unknown to him. A letter from Bernier to Laurier on 18 Feb- A “Rapport de la Société de Géographic de ruary 1903, requesting $100,000 from the Québec,” dated 23 May 1899, was sent to Laur- government, shows his concern about the re- ier as an endorsement of the polar expedition, cently completed Sverdrup expedition and its and it suggests the extent to which Bernier was implications: preoccupied with the political aspects of what he was trying to do. It is also an early formu- Je vous envoie une carte géogra- lation of the sector concept which was given phique faisant voir les bornes du Ca- such publicity a few years afterwards by Sen- nada septentrional, telles que je les ator Poirier: comprends, et désignant plusieurs

7 | Canadian Government Expeditions îles très riches en charbon sur une a decision about its course of action respecting étendue de douze cent milles, qui the expedition, drawing from Laurier only the ont été découvertes de 1898 à 1902 non-committal reply that this would be done as par M. le capitaine et soon as possible.52 Occasional comments there- plusieurs autres explorateurs, et dont after showed that the possible political implica- je voudrais prendre possession au tions of the project were not being overlooked: 152 nom du Canada, auquel elles doivent appartenir.47 May 14, 1901

Among the enticements Bernier extended to F. D. Monk (Jacques Cartier): Laurier was an offer on 15 April 1901 of the Captain Bernier is, I think, pre-emi- presidency of “The General Committee in nently qualified to go in search of the Charge of the Canadian North Pole Exped- North Pole; and if he does not get the ition”;48 an invitation on 28 October 1901 to a necessary encouragement from us, I lecture he was giving to Governor General and believe he will get it from the Amer- Lady Minto; or, failing that, an invitation to a ican people. I believe he has already private lecture for his own benefit later on.49 been approached by enterprising Laurier remained elusive and hard to convince. American newspapers, with the ob- When he received a letter of solicitation from ject of securing his services for that “Executive Commissioner” Joseph Xavier Per- purpose…. rault of “The Canadian North Pole Expedition,” T. S. Sproule (East Grey): In the the stationery letterhead revealing that the or- impression of many, the discovery of ganization was under “the High Patronage of the north pole would enable us much His Excellency the Governor General” and the more easily to determine what is our honorary presidency of Lord Strathcona, Laur- own in making a dividing line be- ier replied on 9 July 1901 in the following vein: tween our territory and that of Rus- “N’oubliez pas cependant qu’il y a une expédi- sia and the United States….53 tion, celle de Peary, partie depuis trois ans. S’il réussi, notre projet n’aura plus de valeur; s’il ne May 1, 1902 réussit pas, il y aura peu d’espoir pour le suc- cès du capitaine Bernier.”50 Answering a letter John Charlton (North Norfolk): from François-Xavier Berlinguet of la Société Aside entirely from the reputation de géographie de Québec on 12 October 1901, that would accrue to this country Laurier said bluntly: “je désire immédiatement from the settlement of a geograph- corriger une erreur…. Le Gouvernement n’a ical problem which has engaged the fait aucune promesse au Capitaine Bernier.”51 attention of maritime nations for From time to time, Bernier’s projected voy- generations, we would establish our age was brought up in Parliament, the remarks right to all the territories and islands of the members indicating widespread sympa- and seas that might lie between our thy with its objectives and its prospects. On 21 present northern boundary and the March 1901, opposition member Frederick De- north pole itself – all that vast region bartzch Monk asked the government to come to between the 141st parallel [sic] of

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH longitude on the west, and Baffin’s their peculiar business, and finally Bay and Grant land on the east…. succeed in making that discovery, T. B. Flint (Yarmouth): There can it is the people of Canada, because be no doubt, from a fair understand- of the North Pole when discovered ing of our position as the controller will unquestionably form part of this of the northern half of this North country…. It may be of great materi- American continent, that the juris- al advantage to Canada to establish 153 diction of Canada extends to the finally and indisputably her claim pole.54 and title to all the lands lying on the north part of this continent…. On the same occasion, David Henderson, the D. Henderson (Halton): Not long member for Halton, speculated darkly on the ago I saw in the newspapers that the outcome if Bernier should resort to Washington Americans are talking very loudly of for funds: “If he goes to Washington, there is some possessions to which they pro- not the slightest doubt that, within twenty four pose to lay claim, away to the north hours he will have all the money he wants. And of this Dominion which properly the next thing we know we shall have another belong to the Dominion of Canada. Alaska boundary question away near the north Now, if Captain Bernier succeeds in pole, with commissions sitting at Washington locating the Pole and planting there- to settle question of our northern boundary.”55 on the British flag, taking posses- Henderson thought it unlikely, however, that sion of whatever there is in land or Bernier would seek American help, and his re- sea, we will certainly have a right to marks (as well as those of the majority of the claim possession in the name of the members who spoke) were decidedly in favour King of England of everything that of the project. lies between the North Pole and the Bernier’s expedition was again discussed in now known Dominion of Canada. the House of Commons towards the end of the We will then not be troubled in the session on 30 September 1903, with remarks of future with any Alaska boundary similar import being made: disputes in that direction.56

John Charlton (North Norfolk): Sir evidently said as little as A successful expedition to the Pole possible on the subject, either inside or outside would give Canada a very prominent the House, and continued to handle it circum- place among the maritime states, and spectly and with great caution. He unburdened the discovery of the Pole would give himself more openly in a private letter to Sen- us a standing with regard to territor- ator William Edwards on 29 October 1903, in ial acquisition in the north between response to a worried one written by the sen- the northern coast of the contin- ator the day before. Probably both men were ent, which we would not otherwise influenced by the Alaska Boundary Award, have…. which had been handed down about one week A. C. Bell (Pictou): If any people earlier. in the world should look upon it as

7 | Canadian Government Expeditions Rockland, October 28th, 1903 would have in Bernier in undertak- ing an expedition where great hard- Dear Sir Wilfrid: ship is to be encountered and great endurance is requisite. His stability At the risk of being regarded and powers of endurance as well as as troubling you with what may be his ability as a navigator I cannot 154 thought a very trivial matter, I write think can be questioned. There may a few lines with regard to Capt. Ber- be features of such an expedition nier. In view of recent events, would that would require other knowledge it not be well for an exploring ex- than that possessed by Bernier, but pedition to go to the North with the in any such lines the necessary as- object of a far more important mis- sistance could be supplied him. If the sion than that of the discovery of the Americans are permitted to skirt our North Pole, and if incidentally the Western possessions, for Heaven’s North Pole is discovered, no harm sake do not allow them to skirt us will be done. all around. They are south of us for In looking up the matter a short the entire width of our country; they time ago, I was surprised to find the block our natural and best possible extent to which the Americans have outlet to the Atlantic; they skirt us been whaling in Hudson Bay and for hundreds of miles on the Pacif- the many years they have been at it. ic and control the entrance to a vast Their aggressive and grasping nature portion of our territory, and the next is such that we need not be surprised move if we do not look sharply after if shortly they take the position that our interests, will be to surround us Hudson Bay is an open sea, and on the North. You will have noticed further, that they may lay claim to no doubt that they have a Northern islands and territory in that North expedition fitting out now. Britain’s land, said to be rich in coal and a var- interests are first, ours are secondary. iety of minerals. It seems to me that Let us look after our own as best we we should lose no time in asserting can. our rights, and decidedly so. I would neither wait for nor depend on Great Most sincerely yours, Britain looking after our rights or Wm. C. Edwards protecting them. I would do it on our own account. Ottawa, 29th. October, 1903. Bernier has not spoken to me of this matter. I am acting entirely on My dear Edwards, my own account. I have had a life long experience in handling and The subject as to which you write managing men and I must say that me has been engaging our attention. I have never met the man in whom I Dr. Ami [Bernier] has talked the would have the same confidence as I matter over with me and proposed a

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH plan which does not command [sic] eventually decided to provide a large amount itself to my judgment at this mo- of money for an expedition, part of it for the ment. The plan which he proposes purchase of a ship and part for other expens- and which he may also have outlined es. The expedition that materialized was, of to you is to get the British Govern- course, that of 1904–5 in the German ship ment to issue a proclamation claim- , which was purchased and renamed the ing jurisdiction over all the northern Arctic. Bernier says in his autobiography that 155 Territory. This would simply arouse Laurier, Borden, and Meighen (who, as a matter a storm at this juncture. It is by far of fact, was not yet in the House of Commons) preferable to continue the work “co-operated in securing a vote of $200,000 to which we have already commence outfit a Canadian Polar Expedition under my [sic] in that direction. This year we command.”58 In the House of Commons on 30 have sent from Newfoundland an September 1903, Minister of Marine and Fish- expedition to establish a post of the eries Raymond Préfontaine spoke favourably in Mounted Police on the Interior shore a personal way of Bernier’s plan and suggested of the Hudson Bay, and quietly as- $80,000 as the amount which might be provid- sume jurisdiction in all directions. ed.59 On 12 October 1903, the sum of $100,000 We have likewise sent over land by was voted to “cover cost of the extension of the the McKenzie [sic] river an exped- coast service and surveys on the northern coast ition down to the mouth of the river of Canada,” on which occasion Préfontaine where we are establishing a post of replied affirmatively to Conservative mem- the Mounted Police. Next year, I pro- ber Thomas Simpson Sproule’s question as to pose that we should send a cruiser to whether “the government are still carrying on patrol the waters and plant our flag at their expedition to ascertain the navigability of every point. When we have covered Hudson bay and straits.”60 There were no other the whole ground and have men sta- comments, however, and this would appear to tioned everywhere, then I think we have been the vote for Low’s expedition.61 can have such a proclamation as is On 29 July 1904, the House of Commons suggested by Dr. Ami. voted the sum of $200,000 for “the purchase, equipment, and maintenance of vessels to be Believe me, as ever, employed in patrolling the waters in the north- My dear Edwards, ern portion of Canada; also for establishing and Yours very sincerely, maintaining police and customs posts at such Wilfrid Laurier57 points on the mainland or islands as may be deemed necessary from time to time.” The only Laurier’s letter evidently provides the key to comment was by the Prime Minister himself, what actually happened and why, but it pro- who gave a brief explanation of the item, refer- vokes other questions. One of these relates to ring to the dispatch of the Neptune in 1903 to the financing of the expedition, where there assert “the undoubted authority of the Domin- are noticeable discrepancies in facts, figures, ion of Canada in the waters of Hudson’s Bay and and dates which do not lend themselves to easy beyond” and saying that the Arctic, “under the explanation. It is clear that the government command of Captain Bernier,” was now being

7 | Canadian Government Expeditions sent to relieve and replace the Neptune. He add- a polar expedition was really going to be dis- ed that the new expedition was “to patrol the patched and that he would be in command waters, to find suitable locations for posts, to of it. On the other hand, judging by Laurier’s establish those posts and to assert the jurisdic- letter to Senator Edwards quoted above, the tion of Canada,” and thus he made it clear that Prime Minister, as late as 29 October 1903, the money was not to be used for a drift across was still inclined to reject Bernier’s plan and 156 the Arctic Ocean or an attempt upon the North was thinking rather of sending a ship to pa- Pole.62 Strangely enough, about one month ear- trol more southerly waters and plant the flag lier, Préfontaine had spoken of a special vote on the lands encountered. This is, of course, which had been granted in 1903 to purchase a what eventually happened. In his remarks on ship (the Arctic) and send it to Hudson Bay as a the subject in the Commons on 30 September special expedition. He also informed the House 1903, however, Minister of Marine and Fish- that this was “a special expenditure for the gen- eries Préfontaine clearly identified the project eral account of three departments” – the De- under discussion with Bernier’s polar drift, as partment of the Interior, the Mounted Police, did others, and Préfontaine voiced his support and the Marine Department.63 of it in this context.67 Yet on 21 June 1904, he Bernier, assuming that he had at last won said with equal clarity that the purchase of the government sponsorship and would be able to Gauss was for “a special expedition to Hudson make his polar drift, went to Bremerhaven in Bay” and that the special vote granted the year the spring of 1904 and for $70,000 or $75,000 before had been for “this expedition.”68 The purchased the German ship Gauss.64 This was question arises as to whether the government a recently built steamship with auxiliary sail, at one stage had made up its mind to support which had just returned from a German voy- Bernier’s polar expedition and later decided to age to the Antarctic and which Bernier thought divert the ship to Hudson Bay (as Bernier ob- would be ideally suited to his purpose. Back viously believed) or whether in fact there had at Quebec, he supervised preparations for his never been any serious intention of letting Ber- own expedition, and the ship, renamed the nier go ahead with his project, and the author- Arctic, had been made all ready when special ities kept him in the dark about their real inten- instructions from Ottawa in July abruptly tions until they considered that the appropriate changed all his plans. Bernier was directed, he moment had arrived to tell him. Also, if the says in his autobiography, to “proceed to Hud- government did change its mind, when did the son Bay, practically under the orders of the change come and in what circumstances? Not Mounted Police to ascertain whether a certain very much light was shed upon these matters well-known and highly respected ship captain by L. P. Brodeur, the new Minister of Marine was engaged in selling liquor to the natives.”65 and Fisheries, in his attempt to answer ques- Bernier’s autobiography tells of his bitter dis- tions put by Leader of the Opposition Robert appointment at this turn of events, which ef- Borden, during a lengthy wrangle over the ex- fectively cancelled the polar drift and which pedition on 11 May 1906: came to him, according to his own account, as a complete surprise and a great shock.66 R. L. Borden: On what date was Bernier seems to have proceeded until the this expedition decided upon? very last moment under the impression that

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH Brodeur: It was decided upon in would be taken into the full confidence of the the month of June. government. Borden: What time in June? In the circumstances, there was little for Brodeur: In the beginning of Bernier to do but swallow his discomfiture June.... and disappointment. He soon found himself Borden: Was she purchased for able to adjust to the new circumstances, how- this expedition? ever, and sought consolation in the decision to 157 Brodeur: Yes. devote his efforts in the Arctic “to what after Borden: When was she may be regarded as a more important object, purchased? that is to say to securing all the islands in the Brodeur: In April, 1904.69 for Canada.”71 He was eager to take both the responsibility and the credit Borden was not slow to point out the obvious for this work, which, he later averred, he “had discrepancy in Brodeur’s answers, and it seems consistently urged upon the Canadian gov- apparent that if the expedition was decided ernment for many years before it was finally upon in June and the ship was purchased in undertaken.”72 April, then she could hardly have been pur- The expedition sailed from Quebec on 17 chased with this particular expedition in mind. September 1904, with Bernier as captain of the Bernier’s biographers T. C. Fairly and Arctic and Major Moodie of the Royal North- Charles E. Israel report Bernier as having told west Mounted Police (the prefix “Royal” hav- a newspaperman years afterwards that he ing been added earlier that year), to Bernier’s thought his polar expedition was cancelled intense displeasure, in command of the exped- because of Peary’s forthcoming new attempt ition as a whole as well as of the ten members upon the North Pole and Laurier’s fear that a of the Mounted Police who accompanied it.73 Canadian expedition might run afoul of the The responsibilities of the expedition were lim- Americans.70 There is certainly truth in this, ited to Hudson Bay and Strait, and no attempt but it is not the whole story. Other considera- was made to sail farther north. TheArctic pro- tions were worrying Laurier and his advisers: ceeded to Port Burwell and then to Fullerton, the outcome of the Alaska Boundary Case and where she wintered with the Era as the Neptune the anxiety it provoked; concern over Amer- had done the previous year. Leaving Fuller- ican activities in Hudson Bay and Strait and ton on 5 July 1905, the Arctic failed in an at- the desire to establish these waters as Can- tempt to reach Churchill and then, calling at adian; the idea that priority should be given to points on the way, returned through Hudson solidifying Canada’s claim to the archipelago Strait to Chateau Bay on the Labrador coast and making secure the northern frontier; the where it rendezvoused with the Neptune and lingering feeling that a North Pole expedition Captain Bartlett. Major Moodie, who had left was a luxury Canada could do without, at least the Neptune at Port Burwell in August 1904 to until matters further south were looked after; return south and join the Arctic, now received and certain reservations about Bernier him- instructions to rejoin the Neptune and go back self. The last-mentioned consideration suggests to Fullerton. Bernier, also under orders from the unlikelihood, or impossibility, that Bernier Ottawa, took the Arctic back to Quebec for re- pairs, arriving early in the fall.

7 | Canadian Government Expeditions During the expedition, relations between be preserved, it would be necessary to prohibit Major Moodie and Captain Bernier were per- killing at any time, except by the natives for haps formally correct but at the same time food. Moodie also noted that the regulations of rather strained. This occasioned comment 1904 regarding the methods of killing whales afterwards in the House of Commons. For ex- should be extended to walrus and that he had ample, Conservative member Joseph Gédéon collected customs duties wherever possible 158 Horace Bergeron noted on 28 June 1906: “There (though very small). He also reported sending was some bad blood on the steamer, there is no some dogs to , who was win- doubt about that, though we were not allowed tering at , in response to a to prove it, between Major Moodie and Cap- letter received from him on 16 March 1905.77 tain Bernier. Each of them thought he should The atmosphere of secrecy which had sur- command the expedition.”74 In their accounts, rounded the expedition led to rumours and ac- neither indulges in open criticism of the other, cusations of extravagance, incompetence, and but the underlying tension is evident. For ex- corruption; afterwards those broke out into the ample, Moodie notes that “on September 17, open in a barrage of charges and counter char- 1904, I sailed from Quebec in command of the ges which resulted in a parliamentary investi- D.G.S. Arctic.”75 For his part, Bernier suggests gation. Conservative member William Hum- that “Major Moodie, of the Royal Northwest phrey Bennett fired the opening gun in the Mounted Police, was sent in command of the House of Commons on 11 May 1906, when he government force with myself in command of charged that the person responsible for fitting the Arctic…. In connection with the voyage, out the expedition had “decided, when he had it is worthy of note that Major Moodie was the public crib to go for, to plunge his hands commissioned by the government to establish into it, and to fit out an expedition that the Mounted Police stations, and for the Arctic gods themselves might envy.”78 In the discus- under my command to attend to annexing to sions that followed over the next two months,79 Canada Arctic territory granted by the Imper- opposition members repeatedly hurled accus- ial Government.”76 Reading between the lines, ations that the expedition had been provided one can detect other, though less obvious, for on a ridiculously lavish scale and had cost disagreements. far too much (one estimate was that it had cost In his report, Moodie mentioned the con- a total of about $285,000); that the purchase struction of a post at Fullerton the preceding of supplies had not been by public tender and winter and spoke of plans to build “the head- thus had gone completely out of control; that quarters of ‘M’ Division, newly created for ser- the Arctic had originally been purchased for vice in the Hudson’s Bay district” at or near a expedition to the North Pole and had then Cape Wolstenholme, as well as another post in been diverted to Hudson Bay without adequate Cumberland Sound. He also expressed his view explanation; that although the Arctic had been that if the government should intend on having completely equipped for three years she had re- the coasts of Keewatin and Ungava patrolled, it turned after only one year; and that there had would be necessary to establish small detach- been dissension aboard the ship and also gross ments no more than 150 miles apart. The notice misconduct with Inuit women. With regard forbidding the export of muskox hides “had to the supplies, opposition critics suggested had good results,” but if the animals were to that both quantities and prices paid had been

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH scandalously high, that not all of them had expedition had been equipped for three years been put on board, and that there had been rather than one. Conservative member George profiteering, waste, and theft before, during, Taylor quoted figures from the Auditor Gener- and after the voyage so that, according to one al’s report which gave totals of approximately estimate, only $36,000 worth were left over at 8,500 cigars, 400 pipes, 5,000 cigarettes, over the end. 4,000 pounds of tobacco of various kinds, 30 The evident vulnerability of the govern- cases and 15 gallons of wines, liqueurs, and 159 ment to some of these charges, along with champagnes, and 285 gallons and 1 barrel of rather suggestive information in the Auditor rums and spirits.84 In some instances, a rough General’s report, gave opposition members calculation was sufficient to show that the plenty of scope to vent their wit and sarcasm amounts were not really as excessive as they on those deemed responsible, and they seized appeared to be, at least on the basis of a plan their opportunity with gusto. For example: for a three-year expedition. In other instan- ces, however, the actual rate of usage made the Samuel Barker (East Hamilton): I extravagance appear worse than the figures find there were 40 trousseaus bought themselves suggested. Conservative member at $4 each. Were these for ladies or William Barton Northrup, who had obviously for the crew? put pencil and paper to work, drove this point L. P. Brodeur: The wife of Major home by putting before the House a formid- Moody [sic] was on board. able array of statistics, in the following vein: R. L. Borden: I don’t see why one “Then they took 5,908 pounds of bovril at $1.65 lady would want 40 trousseaus.80 a pound and only used 447 pounds. So at the George William Fowler (King’s same rate of usage they had enough bovril to and Albert): Was this steamer bal- last them for thirteen years.” In the same way, lasted with sugar? I see that they car- he calculated that they had taken enough hon- ried seven and a half tons of sugar.81 ey to last for 21 years, enough buckwheat to last George Oscar Alcorn (Prince Ed- for 31, enough chocolate sweets to last for 264 ward): What brought this expedition years, and enough beeswax and celery cream to so untimely an end? Why did this to last forever, presumably, since they had used vessel not complete her three years none at all.85 cruise? It was easy for government spokesmen Borden: The provisions gave out.82 to show errors or exaggeration in some of Brodeur: Of rum, the English ex- the charges. For example, the expedition had pedition had 800 gallons, while the forty-eight personnel rather than fifteen as Canadian expedition had only 100 the opposition had originally asserted, the gallons. cost of supplies and equipment was not near- Borden: Is that the reason the ex- ly so great as had been claimed, the quantities pedition came back?83 of many articles were modest in comparison with what other expeditions had taken, and The opposition members were particularly it was absolutely necessary to take a consider- incensed over the excess of certain commod- able surplus in case of emergency or accident. ities which had been provided, even if the Other explanations were less convincing: that

7 | Canadian Government Expeditions tenders had not been called because the time that whatever had gone wrong with the exped- was insufficient; that a broken windlass had ition was not his fault.90 forced the Arctic to return; that all the supplies The public criticism and the parliament- had been put on board and there had not been ary investigation were temporary setbacks for profiteering, waste, or theft; and that there had Bernier, and they gave him new hurdles to never been a vote or appreciation for an exped- overcome, but they did not stop him. He had 160 ition to the North Pole. returned from the 1904–5 voyage more deter- In view of the seriousness of the charges, mined than ever to load his own expedition Laurier himself moved for a special committee to the North, and at last he won his point. The “to inquire fully into all the circumstances con- Arctic was repaired and fitted out at Sorel, the nected with the purchase of said supplies, the sum of $30,000 was allotted to cover expens- disposal of the same, and the different matters es,91 and the expedition set off from Quebec above mentioned.”86 The Opposition immedi- on 28 July 1906, with Bernier in command. ately complained that the scope of the proposed Under the authority of an order in council on inquiry was too limited, but in the end, after 23 July,92 he had been given separate commis- losing an amendment taking for a broader in- sions as officer in charge of theArctic and as vestigation, they accepted Laurier’s motion a fishery officer for Canada.93 None of these without dissent.87 As might have been expected, documents said anything about taking posses- the members of the committee divided along sion of territory, yet Bernier looked upon this essentially party lines, with Conservatives as his major responsibility. “The main purpose finding plenty of substantiation for the char- of the expedition,” he remarked, “was to assert ges and Liberals finding that they were with- Canadian sovereignty in the insular part of out foundation. The Conservatives presented a the Arctic north of Canada, by formally tak- minority report which strongly condemned the ing over the territory ceded to Canada by the organization and conduct of the expedition,88 Imperial government in 1880.”94 It was, he also but it was easily defeated by an overwhelming declared, “the first arctic voyage of real import- preponderance of Liberals, and the favourable ance to me”95 – a fairly clear indication of his majority report was then approved.89 feelings about the voyage of 1904–5. One of the most notable features of the in- The Arctic visited in turn Chateau Bay, the vestigation was that Bernier emerged from it Greenland coast, and Lancaster Sound, and with his reputation unscathed and even, per- then visited Baffin, Bylot, Somerset, Corn- haps, a little enhanced. With one or two ex- wallis, Bathurst, and Melville Islands, as well ceptions, members on both sides of the House as some smaller ones. Winter quarters were spoke of him in consistently laudatory terms established at Albert Harbour in , and paid tribute to his competence, reliabil- near the northern extremity of Baffin Island, ity, experience, and integrity. This was all the in early September, and here the expedition more remarkable because Bernier had more to remained until 27 July 1907. After theArctic do with choosing, purchasing, and supplying escaped from the winter ice, it made calls suc- the Arctic than anyone else, and thus he was in cessively at Coburg, Somerset, and Ellesmere an extremely vulnerable position. The general Islands; then the expedition turned south, call- consensus of opinion, however, obviously held ing at Cumberland Sound and Port Burwell before arriving at Quebec on 19 October. In

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 161

Figure 7-5: Bernier expedition, 1906–7. Andrew Taylor, Geographical Discovery and Exploration in the Queen Elizabeth Islands (Ottawa: Department of Mines and Technical Surveys, 1964), 113. By permission of Natural Resources Canada.

the course of the voyage, Bernier landed upon In some cases, some of those adjacent islands and claimed the following islands: Bylot, Grif- were named. For example, at Melville Island fith, Cornwallis, Bathurst, Byam Martin, Mel- he took possession of “Melville Island, Prince ville, Lowther, Russell, Baffin, Beloeil, Coburg, Patrick Island, Eglinton Island and all adjacent Cone, and Ellesmere.96 In some cases, such as islands,” while at Ellesmere Island he named at Griffith, Byam Martin, Lowther, Beloeil, the principal parts of this large island and also and Cone Islands, he took possession only of nearby islands, including those discovered and the particular island landed upon. In others, claimed by Sverdrup in 1898–1902.97 Typical- such as at Bylot, Cornwallis, Bathurst, Melville, ly Bernier went through a formal ceremony of Russell, Baffin, Coburg, and Ellesmere Islands, taking possession, having a cairn erected in a he went further and purported to take posses- conspicuous place, raising the Canadian flag, sion not only of the island landed upon but also making a proclamation, and having the cere- “the adjacent islands” or “all adjacent islands.” mony photographed. In each case, a document

7 | Canadian Government Expeditions of formal possession was drawn up in two or Commanding Officer, by Royal more copies, one of which was deposited in- Commission. side the cairn. The first such document to be Fabien Vanasdse, Historio- deposited – the one left at Canada Point on the grapher. west coast of – is a representative Joseph Raoul Pepin, M. D. example. Jas. Duncan, Customs Officer. 162 Wingate H. Weeks, Purser. August 21st, 1906. Geo. R. Lancefield, Photo- grapher.98 This island Bylot Island, was graciously given to the Dominion The sweeping claim to Ellesmere and nearby of Canada, by the Imperial Govern- islands, which was left at King Edward VII ment in the year 1880, and being or- Point on the southern extremity of Ellesmere dered to take possession of it in the Island, was worded as follows: name of Canada, know all men that on this day the Canadian Govern- Proclamation, ment Steamer Arctic, anchored here, C.G.S. ‘Arctic’ and I planted the Canadian flag and James [sic] Sound took possession of Bylot Island in the August 12th, 1907. name of Canada. We built a cairn to commemorate and locate this point, On this day we landed on this which we named Canada Point, af- point, on North Lincoln, and an- ter, and in honour of the first steamer nexed the following lands and belonging to the Canadian Navy. islands: North Lincoln, Grinnell Being foggy no latitude was ob- Land, Ellesmere Land, Arthur Laud, tained. On the chart this point is lo- Grant Land, King Oscar’s Land, cated in Long. 80.50 west and 73.22 North Kent and several islands, north Latitude. namely, Axel Heiberg Land, Am- From here the Arctic will proceed mund [sic] Ringnes Land, Ellee [sic] onward through the Navy Board in- Ringnes Land, King Christian Land, let, to the westward into Admiralty formerly named Finlay Land; North inlet, and from these westward to Cornwall, Graham Land, Bucking- Port Leopold, where we will leave a ham Island, , and all ad- record of our future work. jacent islands as forming part of the Witnessed thereof under my Dominion of Canada. And I hereby hand this 21st day of August, 1906 annex the above named lands as part A. D., in the fifth year of the reign of the Dominion of Canada. of His Most Gracious Majesty King Edward VII. J. E. Bernier, Commanding Officer. George Hayes, Chief Officer. J. E. Bernier O. J. Morin, Second Officer, Wingate H. Weeks, Purser.99

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 163

Figure 7-6: Large group of Inuit with crewmen of CGS Arctic at the ceremonial taking of possession by Capt Joseph-Elzéar Bernier on Baffin Island, 9 November 1906. Library and Archives Canada / PA-165672.

Bernier’s account does not mention any at- and Low performed their ceremonies of taking tempts to take possession of Devon and Som- possession are separated by several hundred erset Islands, and presumably the reason why miles from those where Bernier performed his. he did not trouble to lay claim to them was that Apart from this aspect of repetition or dupli- Low had already done so. On the other hand, cation, Bernier seems to have been impressed he did take possession of Baffin and Ellesmere throughout with the idea that the claims he and Islands even though they had previously been Low were making were valid for any purposes claimed by Wakeham and Low, respectively. In and final. all probability, the explanation for the repeti- Several whalers met with on the voyage tion is that both Baffin and Ellesmere are enor- were notified that licences of $50 must hence- mous islands, and the places where Wakeham forth be paid, in compliance with the 1906

7 | Canadian Government Expeditions amendment to the Fisheries Act,100 and two li- In the particular circumstances, Brodeur and cences were sold to each of five Scottish whal- his supporters argued for the first alternative, ers for the years 1906 and 1907.101 No American and the Opposition, led by , whalers were found.102 Customs duties were for the second. Opposition members took ad- collected from the Scottish whalers for goods vantage of the opportunity to deliver extremely brought into the area,103 and an inventory of caustic remarks about the Arctic. George Taylor 164 the goods belonging to the Moravian mission- read with obvious relish a satirical article in the aries at Port Burwell was taken.104 The Inuit of Toronto Star: Baffin Island were told that they must obey the laws of Canada.105 From the winter base at Al- The voyage was a great success. bert Harbour, several fairly long exploratory There were four meals a day, and the sledge trips were made. Documents left by Low main brace was spliced every hour. It and Moodie on Somerset Island and by Low was felt that the captain had estab- on were found and reproduced lished his right to take his ship any- in Bernier’s narrative,106 as were various other where that a man may go on pem- records (principally of British expeditions).107 mican, pâte-de-foie-gras, truffles, Altogether, in spite of the dubious value of his and certain other bare necessities of proclamations, Bernier made a comprehensive life…. effort to examine and take note of everything …. Captain Bernier is the great- he could find in the parts of the archipelago est island namer and claimer in the he visited during his voyage of 1906–7 and to business. With its terrific speed – establish Canadian law there – insofar as any- four knots an hour under forced thing could be found to regulate or administer. draught – the ‘Arctic’ can overhaul The return of the Arctic in 1907 was fol- any island that was ever made. When lowed by another bitter wrangle in the House the ‘Arctic’ is seen in the offing, bear- of Commons over the submission of an item for ing down on an island, the island $50,000 in the estimates anticipating the next feels at once that it cannot get away voyage of the Arctic. It was intended to “provide from such a relentless pursuer as for the maintenance of vessels employed in pa- Captain Bernier.109 trolling the waters in the northern portion of Canada, also for establishing and maintaining Foster made his own contribution, in similar police and customs ports on the mainland or vein: islands as may be deemed necessary from time to time.”108 The matter at issue, however, was Captain Bernier took possession not so much the Arctic as the larger question of the islands. What he did with of Brodeur’s entire performance in directing them, goodness only knows; but he the work of his department, and the key point took possession of them, and the of dispute was whether the estimates should be hon. member for Halifax says that voted first and departmental information and they will not be there next year, and reports be furnished in full detail afterwards next year he will have to go back in or the information and reports should come search of them and take possession first and the voting of the estimates thereafter. again. If, as he says, they change their

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH place of abode every year, there is an of sending men into the country to absolute reason for a further exped- take possession of it, we would have ition to capture and take possession had Skagway to-day. In the last map of these elusive, floating and shifting issued at Washington, I think by the islands. Then we will have Captain War Department, there are various Bernier with us for ever, or as long islands in the north with American 110 as he lives. names attached to them, conveying 165 the impression that these lands be- After a fruitless discussion that went on con- long to the United States. Captain tinuously from the evening of Thursday, 27 Bernier goes north in order to put the February, until midnight the following Sat- British flag and assert our authority urday, the House adjourned without deciding on this territory, which we claim the matter.111 The $50,000 was voted when as ours…. If we want to assert our discussion on the subject resumed a few days jurisdiction in our country, we must later, however, and Brodeur gave a brief sum- be all the time vigilant. Vigilance is mary of plans for the coming expedition of the the price, not only of liberty but of Arctic in the summer of 1908. She was to go to security as well. I am making no northern waters early in July, patrol the islands complaint of our American friends, in the vicinity of Lancaster Sound which were but they are very enterprising, and frequented by whalers, collect licences and cus- if they find anything in any place toms duties, and if possible go further west and where there is nobody, they are apt north and claim more islands.112 to take possession. For that reason On 20 May, when the estimates for the RN- the expenditure connected with the WMP were being discussed, Laurier commented expedition of Captain Bernier is well on the situation in the North, his remarks show- warranted.113 ing clearly that he was firmly convinced that Bernier’s expeditions were necessary: Precisely what authority was given to Bernier for the voyage of 1908 is unclear. In a letter of 5 Since the police have taken pos- April 1910, to Deputy Minister of Marine and session and asserted our authority, Fisheries Georges-Joseph Desbarats, which ac- the American whalers have taken companied Bernier’s report of the expedition, licenses from us and have paid cus- the captain said that the voyage was “for the toms duties, and our authority is purpose of patrolling the waters contiguous to no longer disputed. At first these that part of the Dominion of Canada already American whalers were inclined to annexed, and for the further purpose of annex- demur, and I think they made some ing territory of British possessions as far west complaints at Washington; but of as longitude 141 degrees.”114 His opening state- late years we have had no trouble…. ment in the report read as follows: There was a disputed territory be- tween the United States and Can- Under a Royal Commission, ada, and if we had taken earlier the issued to me to annex lands and ter- precaution which to have now taken, ritories granted by the British Crown to Canada, and as fishery officer of

7 | Canadian Government Expeditions the northern waters of Canada, I my persistence in urging this matter upon the commanded the steamer Arctic, fit- Canadian government.”116 ted out and made ready for sea for a The expedition departed from Quebec on two years’ voyage under instructions 28 July 1908, and after cruising along the coast of the Marine and Fisheries Depart- of Greenland and calling at Etah, it entered ment. Specific instructions were Lancaster Sound and proceeded westward to 166 given as to the waters to be patrolled, a point in McClure Strait south or southwest explored, and lands to be annexed of Cape Hay. The route through McClure Strait in continuation of the two voyages, looked inviting and ice-free, but Bernier’s or- already made to the northern waters ders did not allow for an attempt upon the by the same ship, commanded by , so he turned the Arctic myself.115 about and established winter headquarters at Parry’s old base at Winter Harbour on the He gave no further identification of the royal southern coast of Melville Island. The voyage commission, and the two commissions in- home began on 12 August 1909, and, after stops cluded in the report (appointing him officer in including Albert Harbour, Kekerten, Blacklead, charge of the Arctic and fishery officer) were and Port Burwell, the Arctic arrived at Quebec actually those for the voyage of 1906–7. These on 5 October. appointments were to be held “during our During the long stay at Winter Harbour, pleasure,” however, and it may not have been Bernier sent out sledge parties to take posses- considered necessary to reissue or renew them. sion of Banks and Victoria Islands. Between As already noted, neither of these documents 6 April and 9 May 1909, Second Officer O. J. nor the order in council for the voyage of Morin led a small party which under incredibly 1906–7 said anything specifically about annex- difficult conditions succeeded in landing upon ing territory, and Bernier’s statement that his both and leaving a record of taking possession authority to carry out this responsibility came near Point Russell on Banks Island.117 Between 1 from his commission is evidently inaccurate. May and 10 June, Third Officer C. W. Green led The “specific instructions” that he mentions another party to McClure’s old refuge in Mercy must either have been put in another document Bay on Banks Island, in the hope of finding rel- or given orally. It is also possible, of course, that ics or remains, but they saw no trace of his ship he put his own interpretation on the instruc- Investigator or of any cache or cairn. A record tions he received and saw in them directions was left in a cairn at Cape Hamilton.118 Morin which were really not there. made a second trip to Banks Island between Just before leaving Quebec, he was called 17 May and 24 June and carried out another into the presence of the Prince of Wales (later search in Mercy Bay. Although he saw debris King George V), who was visiting the city. from the Investigator, he found no trace of the Bernier said that he “took advantage of the ship itself or of any records. A cairn which had occasion to indicate to His Royal Highness been erected by the crew of the Investigator was my plan to take possession for Canada of all rebuilt, and Morin “officially took possession of the islands discovered and annexed by British Banks island” a second time, leaving a record of explorers, and was warmly commended for the expedition in the cairn.119 This expedition seems to have been an extraordinary affair,

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 167

Figure 7-7: Bernier expedition, 1908–9. Andrew Taylor, Geographical Discovery and Exploration in the Queen Elizabeth Islands (Ottawa: Department of Mines and Technical Surveys, 1964), 115. By permission of Natural Resources Canada.

having evidently been occasioned by Bernier’s party’s claim to distant King William Island, dissatisfaction with Morin’s first performance, is evident. This feature was observable in other in that his party had left no record of posses- claims that Bernier made during his northern sion on Victoria Island and had simply put the voyages. one for Banks Island in a bottle, placed it near On 4 March 1909, Bernier’s team erected a high rock rather than in a cairn, and covered a cross on Northeast Hill at Winter Harbour it with stones. On his second expedition, Morin “to commemorate the annexing of the Arctic left the document in a cairn, but apparently it archipelago to Canada.”121 Then, on Dominion claimed only Banks Island, and he did not get Day, 1 July, a memorial tablet on Parry’s Rock to Victoria Island. Nevertheless, Bernier felt at Winter Harbour was unveiled, revealing an able to say that this expedition “was more satis- inscription which claimed the entire archipel- factory than the first.”120 The attention to detail ago for Canada. Bernier wrote: in the case of Banks and Victoria Islands, and the disregard of such matters in the first sledge

7 | Canadian Government Expeditions At dinner we drank a toast to Clearly Captain Bernier was convinced that the Dominion and the of this final step, following his earlier claims dur- Canada; then all assembled around ing the years 1906–9, had secured for Canada Parry’s rock to witness the unveil- all the islands within the stated limits, small as ing of a tablet placed on the rock, well as large.125 The question arises as to why commemorating the annexing of he bothered with the preliminary bites at all if 168 the whole of the Arctic archipelago. he intended throughout to make the final com- I briefly referred to the important plete swallow. It might reasonably be assumed event in connection with the grant- that Bernier, as a strong exponent of the sector ing to Canada, by the Imperial Gov- principle which had been pronounced public- ernment, on September 1, 1880, all ly and in categorical terms by Senator Pascal the British territory in the northern Poirier in February 1907 (see chapter 8), would waters of the continent of America have found such piecemeal annexations in- and Arctic ocean, from 60 degrees appropriate and needless. Yet his own accounts west longitude to 141 degrees west certainly leave the impression that he was firm- longitude, and as as 90 de- ly convinced of the need for and the utility of grees north latitude.122 That we had all that he was doing. In any case, Bernier was annexed a number of islands one in reality an agent for the Canadian govern- by one and a large area of territory ment, and to some extent, at least, his actions by landing, that we now claimed all were directed by government policy. It seems islands and territory within the de- likely that the guiding hand behind the scenes grees 141 and 60 west longitude as was ultimately that of Laurier himself, and the Canadian territory, and now under explanation for what was being done may lie Canadian jurisdiction.123 in Laurier’s above-quoted letter of 29 October 1903 to Senator William Edwards: “I propose The inscription on the tablet took this form: that we should send a cruiser to patrol the wat- ers and plant our flag at every point. When we This Memorial is have covered the whole ground and have men Erected today to Commemorate, stationed everywhere, then I think we can have The taking possession for the such a proclamation as is suggested by Dr. “DOMINION OF CANADA,” Ami.”126 of the whole Other features of the voyage are worthy “ARCTIC ARCHIPELAGO.” of mention. W. E. Jackson, the meteorologist, Lying to the north of America had a commission as customs officer and took from long, 60° W. to 141° W. charge of this responsibility.127 Again licences up to latitude 90° n. were sold to whalers, including some Scotsmen Winter Hbr. Melville Island. and a Harry Whitney of New York. Bernier de- C.G.S. Arctic, July. 1st, 1909. scribed the encounter with the latter, who was J. E. Bernier Commander. at Clyde River, Baffin Island, on 5 September J. V. Koenig Sculptor.124 1909, as follows:

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH Figure 7-8: Captain Joseph- Elzéar Bernier and his crew at Winter Harbour, Melville Island, 1 July 1909. Library and Archives Canada / C-001198. 169

I informed Mr. Whitney that I I am of the opinion that Can- was patrolling Canadian waters, and, ada will not object to hunting, for as he had on board his vessel a motor food purposes, by explorers who whaleboat, it would be necessary for prosecute their explorations in the him to take out a fishery license, and interest of science, but regulations that I would issue it. He stated that if enforcing a judicious course should it was a regulation, he would pay the be adopted, to prevent numbers of legal fee of $50, and take the license. Eskimo natives of foreign countries I accordingly issued the license and exploiting Canadian territory, and received the fee.128 destroying valuable hunting and fishing grounds.129 During his visit at Etah and elsewhere, Bernier informed himself about hunting and whaling Later he suggested that such regulations would in the region, and in his narrative he com- be even more advisable for game-rich Melville mented particularly upon the killing of Elles- Island.130 mere Island muskoxen and other game by the Captain Bernier made his last expedition Greenland Inuit and the Peary, Sverdrup, and to the Arctic for the Canadian government Cook expeditions. He expressed a strong view in 1910–11. Since the task of formally claim- that moderate hunting by explorers would be ing all the islands of the archipelago was now unobjectionable, but it should be kept under considered complete, this voyage was mainly a Canadian government control: patrol to see that Canadian laws were being ob- served. It was not the government’s intention to adopt a “get tough” policy, however, as shown

7 | Canadian Government Expeditions by the following passage from Deputy Minister At Albert Harbour in August 1910, Ber- of Marine and Fisheries Alexander Johnston’s nier as fishery officer and Lavoie as customs instructions to Bernier: officer boarded the Newfoundland ship Diana to look after these responsibilities, and similar You will acquaint any persons duties were performed during the voyage home whom you may find engaged in the in 1911 at Kekerten, Blacklead, and Port Bur- 134 170 whale fishery in these northern wat- well. Another Newfoundland ship encoun- ers that you are patrolling these wat- tered near Cape Kater off the eastern coast of ers as the duly accredited officer of Baffin Island fled and managed to escape, pro- the Canadian Government, and you voking Bernier to send photographs and a de- will, where necessary, demand pay- scription of her to the department in the hope ment of license fees for such fishing. that she could be identified and action taken.135 If payment be refused you will make Second Officer Robert S. Janes also met with a request that such refusal be put in refusals or excuses when he tried to issue whal- writing. It is not desirable that you ing licences to ships at Button Point on Bylot should take any action in this regard Island, and in one case, he apparently desisted which would be likely to embarrass in his attempt because the ship in question was the Government.131 “outside of the three mile limit.”136 Bernier was not sent back to the Arctic af- Bernier was also instructed to attempt the ter returning from this voyage, and patrols of Northwest Passage if possible,132 but this turned the type that Wakeham, Low, and he had in- out to be inadvisable because of the extremely itiated were abandoned – at least for the time large masses of ice blocking McClure Strait. being. The change of government in 1911 was Otherwise the voyage was rather routine. The largely responsible, with the new Conservative Arctic left Quebec on 7 July 1910, and after administration unimpressed with the need for reaching a point about thirty miles southwest of maintaining such activity. The Conservatives Cape James Ross in the unsuccessful attempt to when in opposition had been critical of cer- get through McClure Strait, it turned back and tain aspects of Bernier’s work, which had ac- wintered at in Admiralty Inlet, Baf- tually been made possible largely through the fin Island. Again sledge parties were sent out, personal interest of influential Liberals, such as particularly noteworthy being two expeditions Préfontaine, Brodeur, and (at least in the later to Fury and Hecla Strait under the leadership stages) Laurier himself. Not surprisingly, the of surveyor J.T.E. Lavoie, which discovered that period of inactivity lasted through the First Admiralty Inlet and were World War. “The war temporarily put an end to apparently unconnected.133 When the sailing Arctic voyages,” Bernier noted, and undoubt- season opened in 1911, an attempt was made edly the shortage of shipping and the pressing to reach Fury and Hecla Strait through Prince need to throw all available men, money, and Regent Inlet, but this also was defeated by ice. materials into the war effort would have made In the course of the voyage, calls were made at such voyages difficult to maintain even had this many of the places visited on previous trips, been desired. and the Arctic was safely back at Quebec on 25 Bernier made several more trips to the Arc- September 1911. tic in an unofficial and private capacity before

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 171

Figure 7-9: Bernier expedition, 1910–11. Andrew Taylor, Geographical Discovery and Exploration in the Queen Elizabeth Islands (Ottawa: Department of Mines and Technical Surveys, 1964), 118. By permission of Natural Resources Canada.

and during the war. The most notable was as on foot while exploring in northern Baffin Is- commander of the Minnie Maud in 1912–13, land and Melville Peninsula.138 He also mapped on an expedition he himself organized to trade 3,000 miles of coastline and, after examining and search for gold on northern Baffin Island.137 Fury and Hecla Strait, reported that although it Reports by Robert Janes, his second officer on has a water passage about thirty fathoms deep the 1910–11 expedition, that there was gold in and is open during some seasons, it could never the Salmon River valley proved to be inaccur- be relied upon as a shipping route because of ate, but the small party was able to carry on a permanent ice inside it and also at both eastern fairly profitable trade from their winter base and western entrances.139 at Albert Harbour. The most noteworthy fea- ture of the expedition, however, was a series of remarkable journeys by crew member Alfred Tremblay, who, in almost unbelievably diffi- cult circumstances, covered over 4,000 miles

7 | Canadian Government Expeditions other responsibility for the expedition because Canadian Arctic Expedition it was going to be conducted mainly in Can- (1913–18) adian territory.144 In Borden’s own words, “I told Mr. Stefansson that while the public spirit, Although government patrol voyages in east- sympathy and co-operation of those import- ern Arctic waters were temporarily discon- ant institutions were highly appreciated, the tinued in 1911, the official “Canadian Arctic 172 Government preferred that Canada should as- Expedition” under , sume entire responsibility for the Expedition, which had been planned, organized, and dis- as any lands yet undiscovered in these north- patched to the western Arctic before hostilities ern regions should be added to Canadian ter- broke out, continued its activities throughout ritory.”145 The upshot was that Stefansson, al- the war years. Stefansson, born in Manitoba though remaining completely in charge, found of Icelandic parents and raised in the Dakota himself commanding an official Canadian Territory, already had a great deal of experience government expedition and, at least for certain in the North, having made two summer trips purposes, acting as a representative of the Can- 140 to in 1904 and 1905, an expedition adian government. Among other things, the down the Mackenzie River to the Canadian expedition was authorized to take possession and Alaskan Arctic coast in connection with of any newly discovered lands for Canada and the luckless Mikkelsen-Leffingwell expedition to investigate the activities of American whal- 141 in 1906–7, and a longer expedition to the ers in the northern waters of Canada. The order same region with Dr. Rudolph Martin An- in council of 22 February 1913, confirming the 142 derson in 1908–12. These expeditions were arrangements, made these points sufficiently all privately sponsored and financed: the two clear: to Iceland with Harvard University funds, the one in 1906–7 by Harvard University and the The expedition will conduct its University of Toronto, and that of 1908–12 by explorations in waters and on lands the American Museum of Natural History and under Canadian jurisdiction or in- 143 the Geological Survey of Canada. cluded in the northern zone contigu- For the expedition that he planned to begin ous to the Canadian territory. It is, in 1913, Stefansson had practically completed therefore, considered advisable that arrangements for financial support with the the expedition should be under the National Geographic Society, the American general direction of the Canadian Museum of Natural History, the Harvard Government and should sail under Travelers’ Club, and the Geographical Society the Canadian flag.... of Philadelphia. Thus, the expedition was ori- The expedition would also have ginally conceived as one which would be sup- occasion to examine into the oper- ported by American institutions. Before these ations of the American whalers arrangements were finalized, however, Stefan- which frequent the northern waters sson also approached Prime Minister Robert of Canada, and of putting into force Borden for additional financial support. Bor- the Customs and Fisheries Regu- den responded that he would prefer the Can- lations which these whalers should adian government take over all financial and observe....

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH Mr. Stefansson proposes that his propose to send during the summer personal services should be free to to explore the northern seas and the the Canadian Government, but that lands which lie to the north of the the Government should provide the Continent. necessary funds to pay the expenses of the expedition; Mr. Stefansson to 1. I have read His Royal Highness’s have full responsibility, and to have 173 the choice of the men going on the despatch with much interest and expedition; and of the ships, provi- have communicated copies of it sions, and outfit needed for the trip.... to the Foreign Office and to the Any new or partly unknown Admiralty. lands which the expedition would 2. I take this opportunity of stating touch would be observed, positions that His Majesty’s Government fixed, and the British flag would be have had under their considera- planted on these lands. tion from time to time the ques- An Officer of the expedition tion of the position of the terri- would receive authority as Customs tories to the north of Canada. and Fishery Officer, and would be As your Ministers are aware the empowered to collect customs dues Order in Council of the 31st July and fishery dues from the whaling 1880 annexed to the Dominion of vessels frequenting Canadian north- Canada all British territories and ern waters .... possessions in North America not The Committee concur in the already included with the Domin- foregoing and submit the same for ion and all islands adjacent to any 146 approval. such territories or possessions.

Mild complications respecting this order in 3. The full extent of the lands thus council arose when Canada’s Governor Gen- annexed has nowhere been for- eral, the Duke of Connaught, sent copies of it mally defined and I observe to Colonial Secretary Lewis Vernon Harcourt in the fourth paragraph of the in London on 1 March 1913.147 Harcourt feared approved minute of the Privy that the Canadian Cabinet might not have ad- Council which accompanied His equate formal authority to make the proposed Royal Highness’s despatch, that annexations of territory, and on 10 May he re- reference is made to the exped- plied as follows: ition conducting explorations in waters and on lands under Can- I have the honour to acknow- adian jurisdiction or included ledge the receipt of His Royal High- in the northern zone contiguous ness the Duke of Connaught’s des- to the Canadian territory, while patch No. 129 of the 1st of March it is stated in the eleventh para- on the subject of the expedition graph of the same minute that the which the Canadian Government

7 | Canadian Government Expeditions British Flag will be planted on any not already be British, I do not new or partly unknown lands. consider it advisable that this des- patch should be published, but it 4. So far as the lands on which the should be permanently recorded Flag is so planted are already, in as giving authority for annexa- virtue of the Order in Council, tion to the Governor-General in part of Canadian territory no Council. 174 question can arise as to the au- thority of your Government to 7. I have to add that if your Min- deal with the matter, but as it is isters consider it desirable His an established part of the law of Majesty’s Government will be the Empire that no Governor has prepared, when the result of the a general delegation of authority expedition and the extent of the to effect annexation of territory, lands in question are known, to His Majesty’s Government are issue a fresh Order in Council advised that in order to remove supplementing that of July 31st, any doubt as to the validity of 1880.148 the proceedings of the Canadian Government – with the aim of Copies of Harcourt’s letter were sent to the sev- which they are in full sympathy – eral departments most immediately interested, it is desirable that formal author- and on 2 June an order in council was prom- ity should be given for the annex- ulgated which authorized Stefansson to take ation of any lands to the north of possession of new lands for Canada. The key Canada not already belonging to passages of the order, which was based upon a any foreign power which may not memorandum dated 27 May from Minister of yet be British territory. the Naval Service , were as follows: 5. I have accordingly received His Majesty’s commands to convey The Minister observes that in to the Governor-General author- the course of these explorations it ity, with the advice of the Privy is possible that unknown lands may Council of the Dominion, to take be discovered and it is advisable possession of and annex to, His that Mr. Stefansson should be given Majesty’s Dominions any lands proper authority to take possession lying to the north of Canadian of these lands for the Government of territory as defined in the Order Canada, and to annex these lands to in Council of 1880 which are not His Majesty’s Dominions. within the jurisdiction of any The Minister, therefore, recom- civilized power. mends that Mr. Vilhjalmur Stefan- 6. As it is not desirable that any sson be given authority to take pos- stress should be laid on the fact session of and annex to His Majesty’s that a portion of the territory may Dominions any lands lying to the

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH north of Canadian territory which on a recommendation in the February order in are not within the jurisdiction of any council.151 civilized Power.149 The whaling ship Karluk was purchased and outfitted at Esquimalt in the spring of 1913. Although several departments were involved, Sailing on 17 June, she joined the Alaska and the expedition was placed specifically under Mary Sachs, two smaller vessels which the ex- the direction of the Department of the Naval pedition acquired, at Nome. When the squad- 175 Service. On 29 May, Deputy Minister G. J. Des- ron departed from Nome in mid-July, Stefans- barats wrote a long letter to Stefansson setting son had the Karluk for the use of the northern down in considerable detail the government’s party, Anderson had the Alaska for the use of instructions concerning the expedition. These the southern party, and the Mary Sachs, under instructions recorded the understanding that Captain Peter Bernard, was to function first there was to be a northern party which would as a supply ship and then as a floating base for devote itself primarily to exploration of the wat- oceanographic research. It was thus planned ers and lands of the Beaufort Sea region and a that the three ships would operate singly and to southern party which would carry on a variety some extent independently; however, they and of scientific work along the northern mainland the personnel aboard them became separated coast. The following brief passage summarizes in a way that had not been anticipated, with the basic organization of the expedition: disastrous results. The Alaska stopped at Teller in Bering The expedition will be under Strait for needed repairs, but afterwards it suc- your personal direction and control, ceeded in getting as far as Collinson Point on and you will give general directions the northern Alaska coast, about 100 miles to the various leaders of parties, as west of the Yukon boundary. This became may be required. the southern party’s winter headquarters in The Northern party will be 1913–14. For the remaining two years of this under your own immediate charge party’s work, Anderson made his headquar- and control. ters at in Dolphin and Union The Southern party will be Strait, and the Alaska took the entire party out under the direction of Dr. Anderson; through Bering Strait in the summer of 1916. the next senior officer of that party The impressive scientific work of this group being Mr. Chipman, unless some was published in a series of voluminous reports other member is designated by Dr. by several government departments and agen- Anderson. cies over the next three decades.152 The Karluk was caught in the ice near It was thus made quite clear that Stefansson, Camden Bay, about 200 miles beyond Point besides being directly in charge of the northern Barrow, on 13 August. Stefansson and several party, was in overall command of the entire ex- others became separated from the ship when pedition.150 Desbarats’ letter also noted that the they went ashore on a hunting trip, and they expedition’s chief topographer, Kenneth Chip- never saw her again. With Captain Bob Bartlett man, had been appointed customs officer based in command, she drifted to a point about sixty miles northeast of Wrangel Island, where she

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Figure 7-10: Canadian Arctic Expedition party, Nome, Alaska, ca. 1913. Rudolph Martin Anderson / Library and Archives Canada / e002712837.

sank on 11 January 1914. Bartlett took the party led by Dr. Anderson, were now inclined to deny to Wrangel Island and then, with only one Inuk his position as commander and to refuse any as companion, made a difficult winter trip to materials or co-operation that would help him the Siberian coast and thence to St. Michael in to carry out the work of the northern party. Alaska. From there, news of the disaster was Nevertheless, by improvisation and by taking sent by telegraph to Ottawa, and arrangements advantage of the greater scope for decision were made to send several ships to Wrangel and action that fell to him as commander, he Island from Alaska and Siberia. The King and was able to accomplish a good deal of what he Winge succeeded in pushing through the ice wanted to do. With the two volunteers Storker and rescuing the survivors early in September, Storkerson and Ole Andreasen accompanying but of the twenty-five who had been on theKar - him, he made a three-month sledge journey in luk drift, eleven lost their lives, either trying to the spring of 1914 across the ice from the Al- reach Wrangel Island or after getting there.153 aska coast to Banks Island, intending primar- After being separated from his ship, ily to demonstrate that sea creatures could be Stefansson spent the following winter on the secured in sufficient quantities on such a trip coast, endeavouring to find men, supplies, to sustain an exploring party. During the next and equipment to replace those that had been three years, keeping only minimum contact lost. His task was complicated by the fact that with the mainland, he and small supporting a considerable number of the southern party, parties maintained themselves in the islands,

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH 177

Figure 7-11: Stefansson’s expedition, 1913–18. Andrew Taylor, Geographical Discovery and Exploration in the Queen Elizabeth Islands (Ottawa: Department of Mines and Technical Surveys, 1964), 121. By permission of Natural Resources Canada. establishing winter bases successively at Cape the summer of 1917, but an accident to their Kellett on the west coast of Banks Island (1914– ship compelled them to spend another winter 15), again at Cape Kellett and also at two other in the north. Storkerson, who in 1917 had ex- places on or near Banks Island (1915–16), and plored most of the unknown part of the north- at Liddon Gulf on the south coast of Melville east coastline of Victoria Island that Godfred Island (1916–17). From these bases, Stefansson, Hansen of Amundsen’s expedition had been with various companions, carried out a succes- unable to reach in 1905, now used the addition- sion of exploratory expeditions over the ice of al time and opportunity in 1918 to carry out a Beaufort Sea and then north of Prince Patrick six-months drift on an ice floe. Stefansson was Island in 1915, across Melville Island and north taken seriously ill and spent long periods of re- of the Ringnes Islands in 1916, and again north covery at Herschel Island and Fort Yukon, in of the Ringnes Islands to a high of nearly 81° consequence not getting back to southern re- in 1917. The northern party left the islands in gions until September 1918.154

7 | Canadian Government Expeditions In the present context, two matters con- seen extending from ExN to NExE. nected with this expedition are of particular The first man to land here was Ole importance: the sojourn of the party from the Andreasen of the same Expedition at Karluk on Wrangel Island in 1914 and Stefan- 1:50 A. M. June 19th. sson’s own discovery of new islands during his “By authority especially vested sledging trips to the north. The first is import- in me for that purpose, I have to-day 178 ant because, perhaps more than any other sin- hoisted the flag of the Empire and gle factor, it gave Stefansson the impulse and have taken possession of the land resolve several years later to establish a claim to in the name of His Majesty King Wrangel Island, thus setting off a complicated George V on behalf of the Dominion tangle that narrowly missed becoming a ma- of Canada.” jor international dispute. The Karluk survivors were in actual occupation of the island, which “Vilhjalmur Stefansson,” they found completely uninhabited, for a per- Commander, iod of almost six months, and during this time Canadian Arctic Expedition, they flew the British flag and generally carried Witnesses: “Storker Storkerson, on as if they were monarchs of the inhospitable Ole Andreasen, Karl Thomsen.” country they surveyed. The second is important Party, dogs (13) and equipment, because one of Stefansson’s main responsibil- all well. Shall proceed eastward along ities, from the Canadian government’s point this coast some distance, should of view, was to discover new islands and claim it prove extensive, and then south them for Canada. across or around Melville Island to On 18 June 1915, while on his spring sledg- the Expedition head-quarters near ing trip, Stefansson and his three companions Cape Kellett, Banks Island.156 sighted new land from the northernmost tip of . The island, which The next year, Stefansson discovered that there was later christened after the was another, larger island beyond Brock,157 director of the Canadian Geological Survey,155 which was named in honour was claimed by building a gravel mound and of the Prime Minister.158 On the 1916 sledging depositing in it this record: trip, Stefansson discovered more new islands: Meighen and Perley to the north of Ellef June 20, 2 A. M. Ringnes Island and Lougheed (as distinct from Sverdrup’s King Christian Land) to the south This land was first seen, so far of it. He claimed these islands for Canada and as I know, by Storker Storkerson of left records in cairns, as in the case of the first the Canadian Arctic Expedition, discovery.159 June 18, 1915, at 2 A. M. from a point The day after claiming Brock Island, on the ice distant from the cairn Stefansson expressed his thoughts in a lengthy where this record is left about four- letter to Prime Minister Borden, which eventu- teen miles due west (true). From an ally reached its destination. It is worth repro- ice cake about 40 ft. high, land was ducing in full:

A HISTORICAL AND LEGAL STUDY OF SOVEREIGNTY IN THE CANADIAN NORTH N. Lat. 77° 30', W. Long. 113° Approx. up there will yet remain much to do. June 21st., 1915. We have had misfortunes, but have accomplished a part of our work Dear Mr. Borden: nevertheless. What you think of how we have met adverse conditions I do I do not know if for the past two not know, and I do not write to plead years you have taken especial interest any personal cause. But I feel strong- 179 in our Arctic Expedition, but I have ly not only that Canada should ex- always felt that the matter of having plore the regions to which she lays new land north of Canada discovered claim as far as the pole; it is true also and explored by in the that by doing so she makes good her service of the Government, appeared claims. I shall remain ready to vol- to you an important one. I write this unteer my services for this work, but on a land that it has been our fortune if it shall seem that my record does to discover and take possession of not earn further support, then let for Canada. More than anyone else another carry on the work, so he is a in the Government I have you to Canadian in Canadian service. thank for the support which has en- abled us to accomplish at least part of Vilhjalmur Stefansson160 the purpose of this Expedition, the writing of this letter may therefore Stefansson returned to Ottawa in the autumn seem superfluous, for it is written of 1918 eager for more Arctic service, but the to urge the fitness and importance government was completely occupied with of the continuance by Canadians the war and the armistice. In fact, apart from in the service of the Government the necessary attention to his own expedition, of the work of exploring the region there had been little visible evidence of official between the mainland and the pole interest or activity in the far north for several until the last mystery is unveiled. We years. When activity resumed, it was in cir- shall do what we can next year, but cumstances that neither Stefansson nor the when the three years assigned us are government could have foreseen.

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