Rising Tensions: Canada/US Cross-Border Water Issues in the 21st Century
Remarks by Adèle M. Hurley and David Schindler to the Centre for Global Studies Conference on Canada/U.S. Relations at the University of Victoria.
David Schindler and Adele Hurley
November 11, 2006
 
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Harmonious relations between the United States and Canada have long been a source of pride for both countries. The U.S. is Canada's largest trading partner, constituting 85% of our two-way trade with other countries. More than $400 billion in trade goods now flow across the border every year.

But Adèle Hurley and Dr. David Schindler note that signs of disharmony in trade and environmental relations between the two countries have recently surfaced. Disagreements on softwood lumber exports from Canada to the U.S. have gone to arbitration under the North American Free Trade Agreement. Two rounds of resolution, generally favouring Canada, have been challenged by the Americans, and remain unresolved. The closure of U.S. borders to Canadian animals as a result of the BSE crisis has also had an unsettling effect on Canada/U.S. trade.

In September 2004, the U.S. announced that it would proceed with the Devil's Lake Diversion, which is opposed by many Canadians as a threat to Canadian aquatic ecosystems. In short, the U.S. has become increasingly aggressive in its relations with Canada. This authors predict that conflicts over water will likely increase in the years ahead.

In recent years, the federal government appears to be abdicating many of its Canada-U.S. water responsibilities. The Annex 2001 process is a good example. The issue of diversions from boundary waters is clearly a federal responsibility. Yet in the Annex process, the federal government has chosen to let Ontario and Quebec bargain with eight U.S. states in an 8 to 2 negotiating situation. All diversions in the immediate future are likely to occur on the U.S. side of the basin. Passage of Annex 2001 would leave the provinces with no control over diversions in the U.S. It would also give the U.S. significant say over water-related developments in Canada. As such, it would weaken Canada's ability to protect Canadian interests under the Boundary Waters Treaty of 1909.

Canada's position on boundary and transboundary waters needs to be strengthened to protect Canada's water resources.