Host: Welcome to our CastBack podcast series, where we discuss matters of law and policy with figures from the past. I'm Professor Craig Forcese at the University of Ottawa Faculty of Law, and today we're joined by William Frederick King, Canada's first commissioner of the International Boundary Commission. Welcome, Commissioner King. Our topic: the legal basis for the Canada-US border.
King: Thank you, Craig. It's a pleasure to discuss the rich and complex history of the Canada-U.S. boundary.
Host: Commissioner King, before diving into treaty discussions, could you share a bit about your background and your role with the International Boundary Commission?
King: Certainly. I came to Canada from England as a boy. I then specialized in astronomy and surveying, where precision measurement and mapping were my primary expertise. I was Canada's first commissioner after the 1908 treaty to oversee the accurate demarcation and maintenance of the Canada-United States border. The International Boundary Commission itself is tasked with surveying, marking, and mapping the international boundary, and resolving boundary-related issues diplomatically and cooperatively.
Host: Let’s work up to 1908 and beyond by starting with the earliest boundary treaty: the post-American Revolution Treaty of Peace in 1783. What exactly did this treaty establish?
King: The Definitive Treaty of Peace, 1783, established the initial boundary between the newly independent United States and British territories, from the mouth of the St. Croix River in the Bay of Fundy northwestward to Lake of the Woods and then due west to the Mississippi River. However, it lacked specificity on exact locations, notably failing to clearly identify the St. Croix River itself.
Host: That ambiguity led directly to the Jay Treaty in 1794, didn't it?
King: Precisely. The Jay Treaty sought to resolve these ambiguities by establishing commissioners to identify the correct St. Croix River. It also provided that if the line from Lake of the Woods westward failed to intersect the Mississippi River, both parties would amicably negotiate a resolution.
Host: Yet disputes persisted, leading to the Treaty of Ghent in 1814.
King: Indeed. The Treaty of Ghent, which concluded the War of 1812 between the United States and Great Britain, addressed issues such as sovereignty over islands in Passamaquoddy Bay and means to clearly define the "northwest angle of Nova Scotia" and the northwest headwaters of the Connecticut River. Yet, despite detailed surveying efforts, disputes continued in areas like St. Mary's River and Lake Superior.
Host: How did subsequent treaties further clarify these ambiguities?
King: The Convention of 1818 between the United States and Great Britain, then the colonial power in British North America, explicitly set the boundary along the 49th parallel from Lake of the Woods to the Rocky Mountains. That’s why the border at this point is a straight line. But the 1818 treaty left unresolved the precise border westward beyond the Rockies. Then came the Webster-Ashburton Treaty of 1842, finally settling earlier disputes from the St. Croix River to the St. Lawrence River, including the contentious northeastern boundary, and resolving issues along the St. Mary's River.
Host: And how was the western boundary finally addressed?
King: The Oregon Treaty of 1846 extended the boundary westward along the 49th parallel to the Strait of Georgia and then through Juan de Fuca Strait to the Pacific Ocean. However, arbitration by the Emperor of Germany in 1872 was needed to finalize some water boundaries in this area.
Host: Moving to Alaska, how did the Alaskan boundary disputes develop?
King: The Alaska boundary became prominent during the Klondike Gold Rush in 1898. An arbitration tribunal in 1903 settled most disputes, and subsequent agreements in 1905 clarified remaining ambiguities. I was involved, alongside my U.S. counterpart, Superintendent Tittmann, in demarcating this challenging region.
Host: And that brings us to the 1908 treaty that established the International Boundary Commission. What else did it do?
King: As you’ve noted, the 1908 Treaty was largely a process-oriented treaty. It formalized the Commission, ensuring ongoing and precise boundary demarcation, creating accurate modern charts, and clearly marking the existing land and water boundaries with monuments and buoys from the Atlantic to the Pacific.
After 1908, a few minor changes were made in the treaty of 1910, defining the boundary between the U.S. and Canada through Passamaquoddy Bay up to the midpoint of Grand Manan Channel. Later, the Treaty of 1925 slightly adjusted the boundary at Grand Manan Channel, the north-westernmost point of Lake of the Woods, and along the 49th parallel, changing the boundary from a curved line to straight segments connecting monuments. The 1925 treaty also included provisions for ongoing maintenance of the international boundary by commissioners appointed under the earlier Treaty of 1908 and their successors.
Host: Despite these treaties, some disputes remain today. Could you discuss these ongoing issues?
King: Indeed. Several unresolved disputes persist today, notably Machias Seal Island and North Rock between Maine and New Brunswick, where both countries claim sovereignty based on historical interpretations of the Treaty of Paris, 1783. Additionally, there's the Beaufort Sea maritime boundary dispute, where Canada favors a boundary following the 141st meridian, while the U.S. argues for a different maritime boundary, potentially affecting resource rights.
Host: And there are still other maritime disputes in places like Dixon Entrance and the Strait of Juan de Fuca?
King: Yes, Dixon Entrance between Alaska and British Columbia remains contested over fishing rights and maritime boundaries. Similarly, minor ambiguities persist around the Strait of Juan de Fuca regarding exact maritime lines.
Host: Finally, could you touch on the Northwest Passage?
King: The Northwest Passage is the waters in the various straits between the Queen Elizabeth Islands of the high Arctic. The dispute centres on Canada's claim to these waters as internal and subject to full Canadian control, versus the U.S. position viewing them as an international strait open to free transit passage.
Host: Given these ongoing disputes, what's the best path forward?
King: Continued diplomatic negotiation and mutual respect, rooted in our shared history, remain essential. This shared border, defined by diplomacy and mutual cooperation, serves as a powerful reminder of peace and partnership. It’s a model of cooperation that should not be abandoned. The tradition of peaceful resolution through dialogue, established over two centuries, provides a reliable path forward.
Host: Commissioner King, thank you for your invaluable insights into both the historical and contemporary boundary issues between Canada and the United States.
King: My pleasure, Craig.
