Updated: April 7, 2004
MSU Canadian Studies Centre
CSC Occasional Papers![]()
"Address by
the Rt. Hon. Herb Gray, P.C., C.C., Q.C.
Chair, Canadian Section, International
Joint Commission
to the Michigan Canadian Studies Roundtable, Friday, April 2, 2004,
Great Lakes Institute for Environmental Research University of Windsor""

I was born and brought up in Windsor, Ontario, in the heart of the Great Lakes -- just across the Detroit river from Detroit, Michigan.
I've had, as personal priorities throughout my public life, Canada-US relations, especially those involving our common border and related transboundary water and air pollution concerns. These priorities lasted throughout my almost 40 years in the House of Commons representing a Windsor riding, and in the years during that period I served as a Member of the Federal Cabinet.
The priorities and policy interests I've mentioned continue undiminished today in my work as Canadian Chair of the International Joint Commission of Canada and the United States (IJC).
The Commission is an international organization based on a treaty involving the US and Canada - the Boundary Waters Treaty of 1909. The Commission has played, and is playing a constructive role, to prevent or resolve cross-boundary US-Canada disputes mainly involving water and air. It has done so for almost 100 years.
The IJC is a single organization with international status
operating separately from the two national governments.
It is not an agency or department of either government. However, it works
closely with a number of Ministers and departments in both countries.
It operates all along the east-west Canada-US boundary -- a boundary 8000 kilometers long from one ocean to another. As well there is 1000 kilometers of Canada-US boundary in the North between the Yukon, Alaska and British Columbia.
The Commission has 6 Commissioners - an equal number -- 3 from the United States, 3 from Canada, appointed by the highest executive levels in each government. One of the Commissioners is the U.S. Chair, one is the Canadian Chair. One Commission - 2 Chairs, serving simultaneously!
Some experts looking at this structure might argue that it could not, and should not, be able to work. However, the IJC does work.
As I've said its been functioning successfully for almost 100 years.
The United States, in spite of its greater size in population and economy, does not have more Commissioners than Canada. The US Commissioners do not have more weight nor do they have more votes on the Commission's work, than those of the Canadian Commissioners.
Therefore, the Commissioners, together, reach decisions by consensus. There have been only two formal votes in almost a hundred years of operations of the Commission.
I've been told the IJC in its existence and its work contributes to the maintaining of overall generally good relations between Canada and the US.
The Canada-US relationship is extremely important for Canada and is a top priority for Canada's new Prime Minister Paul Martin personally, and for his government.
When he became Prime Minister on December 12th he appointed a parliamentary secretary to work with him on Canada-US relations. He appointed a special advisor in his office on security. He also set up a new Cabinet Committee on Canada-US relations - chaired by himself personally. In his speech in the House on February 23rd he said in part:
"My first foreign trip as Prime Minister was to meet with the countries of the Americas at the Monterrey Summit. This was an important opportunity to develop our hemispheric relations and, significantly for Canada, to take a first step toward a new relationship with the United States. Our Government is committed to a more sophisticated approach, not only to manage our shared objectives, but also to manage difficult issues, such as BSE and softwood lumber, which have exacted a troubling toll right across Canada."
The objective is to forge a more productive bilateral relationship - one that improves the ability of Canada's business community to compete in the North American marketplace, while not diminishing Canada's voice in international affairs. And I believe that, at the same time, this relationship must recognize most Canadians do not want to diminish their independence in being able to set their own domestic policies.
They want such policies to reflect what they see as their values and priority needs as well as having the legislative and administrative means to implement them.
I recognize that this has to be carried out in the context of the ongoing economic integration of North America and its security needs.
These are not easy tasks -- they provide a real challenge in the face of the asymmetric relationship between our two countries. The United States has a population and economy 10 times the size of Canada's.
But this is not a new challenge. It has been an ongoing one for the governments of what is now Canada, even before Confederation in 1867.
After all, we know the metaphors, they've taken on the appearance of clichés about Canada-US relations, but they are true all the same. For example, that the Canadian mouse sleeps with the American elephant - and what happens if the elephant, even inadvertently, rolls over?
And there's the remark of the late Robert Thompson when he was an Member of Parliament from British Columbia and leader of the long defunct Western Social Credit Party. He said "the United States is our best friend - whether we like it or not."! Generally most Canadians appear to like it (much) more than they do not. (!)
Canadians recognize that the United States is Canada's best customer - it's biggest trading partner. After all, 85% of our exports go there. This makes sense in terms of our shared geography and the size and richness of the US market for Canadian goods and resources.
At the same time many Americans are not aware that having Canada as their closest neighbour on their northern 49th parallel border is highly important to their own economic well being, and not just for the well being of Canadians.
The US is not as internationally trade-dependent as Canada. However, United States' biggest external customer- its biggest trading partner for its exports - is Canada. It's not Japan as many Americans think.
In fact, Canada is a bigger trading partner for the US than all the European Union countries together. Also, Canada is the biggest trading partner for 39 of the American states.
Canada is a more important source of energy - oil and natural gas - for the United States than Saudi Arabia or any other single country.
Also, Canada's own massive reserves of oil and gas in our western provinces and our Northwest Territories are a major future energy source for the United States, as well as our own Canadian industries.
If Canada sells more to the US than any other country, if the US buys more from Canada than any other country, it's not because the purchasers in the US - our customers in that country- are doing this to do us a favour. If we did not provide these goods and resources at world competitive prices and quality, they would not be sold by Canadian firms to US firms - US firms would not be purchasing them.
New sources of oil and natural gas for the US, once developed in Alaska, would have to cross Canadian sovereign territory.
Also, for energy, Canada provides a geographical security of supply that doesn't exist in Saudi Arabia and other countries of the Middle East or Central Asia, or any where else except the US itself.
There is not simply a one-sided Canadian interest in all this - there is a mutuality of interest in maintaining and strengthening our economic relationship. And of course, as I've said there is also the security and defence relationship so important to both our countries - both in North America and elsewhere in the world.
[ As you know, Daimler Chrysler of Canada assembles cars here in Canada for the Canadian and US markets and supplies parts for their assembly to Chrysler plants in both countries. ]
[ Just before he stepped down as president of Daimler Chrysler of Canada, Ed Brust - an American- was quoted in the Windsor Star for Friday, November 21st as saying: "We must think of our borders in the context of security - yes - but also speed and efficiency. Legislation on issues not related to our industry, whether proposed or enacted, cannot unduly interfere with efficient movement of goods and people across our borders. We must ensure legislation does not indirectly interfere with our ability to conduct business in what is the most integrated industry in North America. Daimler Chrysler, he said, dispatches and receives more than 1,400 truck-trailer loads per day through Windsor." Brust noted that "Canada-US trade doubled from 1989 to 1998 and is expected to double again by 2005, adding up to $2 billion in two-way trade crossing the border daily." ]
The volume of trade and private sector contacts generally between our two countries have continued unabated - and this in spite of press reports about past tensions between the White House and the Prime Minter's Office.
Most Americans and Canadians are not fully aware of the vast range of contacts between the US and Canadian governments at many levels. Robert Wolfe wrote a paper for the Institute for Research on Public Policy of Canada and in it he said "Hundreds of treaties, arrangements and understandings govern aspects of the Canada-US relationship. Indeed, no one knows just how many there are. Although one source counted approximately 270 treaties and agreements (including ongoing bilateral institutions) in force between the two countries as of 2002."
Alan Gotlieb, former Canadian Ambassador to the United States, has written in this regard that "There is a similar phenomenon occurring in various ways at the provincial level with officials of neighbouring states." And there is this kind of range of contact between the US and Canadian private sectors as well.
Again, this doesn't mean there aren't problems and risks in the relationship we continuously must work at resolving.
Of course, there are always new dimensions and new aspects of the fabric forming the Canada/US relationship. Sometimes new strands are added - sometimes there are stretches in that fabric - hopefully never leading to any serious or permanent tears or rips.
A few months ago Canadian federal Environment Minister David Anderson expressed concerns about what could be the effect of the proposed new American federal government rules for coal-burning power plants in the Eastern United States on the extent of transboundary air pollution, from that country to Canada.
[ Eliot Spitzer, the Attorney General for the State of New York, wrote not long ago to now Ontario Premier McGuinty that, AI was very interested to hear that you have pledged to expedite the conversion of several coal-fired power plants owned and operated by Ontario Power Generation. This is an issue of great concern to New York. I have previously asked both your predecessor and the Government of Canada to work to phase out, or control the emission of, (these) Ontario coal-fired power plants."]
Attorney General Spitzer, and the Attorneys General of a number of other eastern states in the United States of America also apparently have concerns similar to those of Minister Anderson about the proposed new United States rules for coal-burning power plants. Spitzer and his colleagues have gone, to the US Federal Courts to stop the implementation of these new US rules.
Air pollution can be, and is being carried thousands of miles, and is being deposited through the air above, on the lands, waters and people of the United States and Canada. And as I have noted, this air pollution is not simply a one-way flow.
The currents carrying the pollution through the air do not recognize man-made borders, nor does the pollution of water, or other environmental issues like alien invasive species (AIS). AIS are a worldwide, as well as a North American, concern.
Water basins like the Great Lakes and that of the Red River of the North cross and straddle the man-made international Canada/US boundary. That boundary obviously did not exist when these basins were being created millions of years ago.
One can ask - are existing bilateral mechanisms like the North American International Air Quality Agreement and the Great Lakes Water Quality Agreement, sufficient to deal with issues involving the ecosystems on which our existence on this continent, and on this earth, depend?
I should mention that under the Great Lakes Water Quality Agreement, the US and Canadian governments which are the signatories to it, must carry out a full review approximately every 6 years - that is after every 3rd IJC Biennial Report. They are now working on the format for this review, the degree of public involvement and timing.
We will know more about the format and timetable for this review after the Commission makes public its 12th Biennial review of the progress of the two national governments in carrying out their obligations under that agreement.
Scripture says "without vision, the people perish." But how do we define vision? What should the definition be of a vision for Canada's future in North America and its relations with the US? To start with, Scripture also says "love thy neighbour, as thyself." If this applies to Canada and the United States as it surely must, then this must involve a two-way street between them.
For Canada, therefore, its people may well say there a need for some questions about how far we apply that scriptural maxim? After all the English poet and clergyman, George Herbert, wrote in the early 1600s "Love your neighbour, yet pull not down your hedge!"
As I've said most Canadians want to respond constructively to the security and trade concerns of their American neighbour, which are largely Canada's as well. However, they want to do so in a way that responds to their approach to public policy and their values related to that approach.
How can this best be done? Some have called for some kind of grand Canada-US bargain - a new overarching treaty and a new resulting bi-national institutional structure arising from it. This would supposedly head off or resolve all disputes that could impede the back and forth flow of goods and people between Canada and the US.
However, observers have questioned whether such an arrangement would be possible or even desirable. Wouldn't this require a willingness to negotiate and reach such a deal, not only on the part of the US President and his administration, but also the Congress (especially the Senate), and not just their Canadian counterparts?
What would the American side want from Canada as the price for all this in terms of our sovereignty and the ability of ourselves as Canadians to make decisions about our lives and territory?
Would the US side be willing, under any circumstances, to give what Canadians would in effect be asking for? That is - what would amount to a real limitation on current US sovereignty, as it pertains to US relations with Canada, administrative, legal and political. This would be, if it happened, not just on matters like softwood lumber and durum wheat - the subject of long standing disputes - but on the whole range of our relationships.
I suspect the US Congress in particular and various interest groups, industry or regionally-based, would not accept this. It's likely they would (also) want the border to continue for their own domestic reasons.
This would be true even though slow downs or blockages of movements of goods and people back and forth across the border would be highly damaging to large numbers of Americans, not just Canadians. Those blockages and slow downs would impact adversely on groups of US consumers, industries, individual companies and regions in the United States. Since so much of the Canadian economy is formed by subsidiaries of companies owned and based in the United States, the damage in the short and long run would be to the bottom line of the US-based parents.
Now there could be, instead of a grand bargain, a number of more limited arrangements seen as sufficiently beneficial to both sides. Well, we already have one good precedent - the Smart Border Accord is an existing example of a constructive, specific US/Canada initiative. This is what the Prime Minister's parliamentary secretary on Canada-US relations suggested in a recent speech.
Also if the US administration, likely requiring the concurrence of the Senate, and the Canadian government agree, an expanded role in dispute settlement or the avoidance of disputes could be created for the International Joint Commission - a broader one than at present. The Boundary Waters Treaty would in fact not have to be amended to do this.
The operative clause (clause 9) enabling the two governments to give the Commission references or formal requests to look into matters and make recommendations, is not in fact limited to matters of water and air, but on any subject of concern to the people on both sides of the border. The Canadian Association of Chief Executives (formerly the Business Council on National Issues) has proposed this kind of expanded role for the IJC.
Such an expanded role would likely require a different kind of Commission than the present one. For example, with a larger number and perhaps a different kind of Commissioners, more expert staff - with a broader range of expertise than at present - and a larger budget.
Another alternative for change in bi-national institutions, suggested by the Association of Chief Executives, is that there could be a number of commodity, product-specific or region-specific, smaller IJCs.
What should be the vision for these kinds of initiatives? There are the words oft quoted of the American poet, Robert Frost, in his poem "Mending Wall". In it, Frost's farmer-neighbour tells him, "Good fences make good neighbours". But Frost in his poem replied "Before I build a wall I'd ask to know what I was walling in or walling out, and to whom I was like to give offence. Something there is that doesn't love a wall, that wants it down." But in spite of these concerns, Frost and the farmer-neighbour, work together. Frost says in his poem, AI let my neighbour know beyond the hill; and on a day we meet to walk the line and set the wall between us once again. We keep the wall between us as we go. To each the boulders that have fallen to each."
In the poem, Frost and his neighbour work together. They walk side by side. But each on their own side of their common wall to repair and rebuild it. Because, the farmer insists, "good fences makes good neighbours."
But centuries before Frost wrote this poem in fact, in the early 1600s, one E. Rogers wrote "A good fence helpeth keep peace between neighbours. But let us take heed, we make not a high stone wall to keep us from meeting." So let's strive in developing our relationship to do nothing that will keep us - Canada and the US - "from meeting."
[ But why we have to look back hundreds of years to get advice on a new vision for Canada-US relations? The answer is: these thoughts have stood the test of time and if they speak in a meaningful way, now and for the future, I don't think there is anything wrong with citing these words again. ]
So a new vision for Canada-US relations, broadly defined, I think for Canadians, must include being effective stewards for ourselves and our grandchildren, of that great mass of lands and waters we call Canada.
Also, this vision must include our joint responsibilities as Canadians with our great friend and neighbour, the United States. This means we must understand and respond to its domestic concerns, as we ask it to understand and respond to ours. Also, we must recognize how we share responsibility for North America's lands and waters - not just with the US, but also with Mexico.
As well, this vision must recognize that we share with the United States and other like-minded countries, in helping other peoples of the world, achieve peace, stability and freedom as a foundation for their success in the fight against hunger and disease, and for decent standards of living. We want this for them and to help ensure, the well being of ourselves, our children, and our grandchildren.
For us and for them, all this can and will be our vision for
a mutually beneficial relationship between Canada and the United States,
as two strong, but independent yet inter-related friends, neighbours and
allies.