Evidence of meeting #56 for Foreign Affairs and International Development in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was council.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

P. Whitney Lackenbauer  Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual
Andrea Charron  Assistant Professor, Political Studies, University of Manitoba, As an Individual

8:50 a.m.

Conservative

The Chair Conservative Dean Allison

Pursuant to Standing Order 108(2), we are studying Canada's Arctic foreign policy.

I'd like to thank our witness for being here. We have P. Whitney Lackenbauer, associate professor and chair of the Department of History at St. Jerome's University.

Mr. Lackenbauer, welcome. It's great to have you here today. We look forward to hearing your testimony. We're going to give you 10 minutes to do that, and then we'll go back and forth across the room with questions.

Please introduce yourself and tell us a bit about yourself, and then we'll hear your testimony.

8:50 a.m.

Dr. P. Whitney Lackenbauer Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Thank you very much, Mr. Chairman, and thanks for the opportunity to appear before the committee.

With a long-standing interest in the Arctic, not as long as Dennis Bevington, who lives there, but from a southern standpoint, I've had a couple of decades of work there and have been fortunate to travel through the north—in the north, not just to the north—with the Canadian Rangers and other groups, and also internationally, to get a feel for the pulse of how Canada's messages are being perceived around the world.

So to start as a historian, historically the catalyst for our foreign policy interest in the Arctic has been a rather neurotic concern about sovereignty over anything else. We have a long history of perceiving sovereignty threats, particularly from the United States, followed by a brief surge of political interest and commitments to invest in our north. Then when the immediate crisis passes and Canadians realize sovereignty is not in clear and present danger, our usual track record is to lose interest in the north and fail to fulfill political promises.

This time I hope, and I sense, it is different.

Since 2007, Canadians have been keenly interested in the Arctic. Unfortunately, popular attention again fixates on an alleged sovereignty crisis precipitated by climate change, a supposed international race for resources, and uncertainty about boundaries. This attention has been useful insofar as it's propelled the Arctic back to the top of the policy agenda. Unfortunately, an ongoing sense of alarmism is fed by problematic phrases like “use it or lose it”, which I have been grateful not to hear uttered in official circles for the last few years.

These phrases continue to echo in Canada and internationally. Alongside Russia, Canada finds itself bizarrely cast in a position of the primary Arctic aggressor, in words if not in deeds. This has the unfortunate effect of deflecting attention from the constructive leadership role that Canada can and should play as a mature actor in the circumpolar world.

I'll begin laying out what I see as some key misconceptions that sometimes lead us away from conveying a clear, confident international message that reflects our northern strategy and our Arctic foreign policy statement, both of which are reasonable, sober documents that reflect a foreign policy grounded in our national interests and values and that are in sync with those of our circumpolar neighbours.

First and foremost, threats to Canadian sovereignty have been dramatically overblown. Our strong legal position in the Arctic is owed to more than a century of careful and prudent diplomacy, and the logic of “use it or lose it” simply does not apply. If you don't take anything else away from what I say than that, please take that away.

As you probably heard from Alan Kessel on Tuesday, sovereignty is a legal concept that entails ownership and the right to control over a specific area. So under international law, Canada has successfully established its ownership to all of the Arctic lands that fall within our nation, except for the very minor question surrounding Hans Island. Our maritime boundary disputes are manageable. Our efforts to secure international recognition for the full extent of our continental shelf are on schedule. These are unfolding according to international law.

Our position that the northwest passages through our archipelago are internal waters is legally strong. So confused messaging that suggests searching for Franklin's lost ships or investing in surveillance capabilities bolsters our legal position at this point is both unfounded and counterproductive and should be avoided.

How, then, should we think about Arctic issues in the foreign policy domain? First, I think we need to be careful in differentiating between global dynamics that play out in the Arctic region but are best dealt with through global instruments. Second, truly regional issues, meaning those that are particular to the Arctic, are best handled through Arctic Council or bilateral agreements with our circumpolar neighbours. Third, we need to distinguish domestic issues or messages that are best dealt with in Canada.

Some Arctic issues, as they're popularly understood in Canada, are global issues. Climate change is an obvious one. Yes, we can pursue some adaptation measures domestically and with our circumpolar neighbours. Efforts at mitigation have to be explored globally. The same holds true for mercury and other pollutants.

I think the same logic applies to defence issues. Commentators like my friend Rob Huebert suggest we find ourselves in the midst of an Arctic arms race. This argument conflates capabilities that are intended for global force projection and those that are a direct response to Arctic dynamics. The Arctic ones tend to be constabulary and defensive. These are not offensive capabilities. This in turn has a direct implication in whether we examine defence and security trends as Arctic issues or whether we look at them as broader ones.

NATO's relations with Russia and the strategic balance between nuclear deterrent forces are grand strategic issues. We can't manage these issues through a narrow Arctic lens.

In a similar vein, deciding on how to respond to Russia's growing authoritarianism, or Chinese takeovers of Canadian companies in the resource sector, should not be hived off and treated as “Arctic” issues. These are issues of broader foreign policy and international trade.

The same holds true of the law governing the delineation of our extended continental shelf resources beyond our 12-mile territorial sea, our sovereign rights. We're simply applying generally accepted international principles to an ocean. So when China or other countries raise questions about the Arctic coastal states unfairly dividing up the Arctic Ocean, they are really taking issue with the Law of the Sea as it is written. This is the problem, so this is the message that we should be delivering to them. If we react in an ultra-nationalist way, trumpeting how we are going to “stand up for Canada” against foreign encroachments, I fear we dilute the more substantive message that we are simply applying international law appropriately. That's what we're doing.

So once we acknowledge that the Arctic is not a closed system, that changes in the region are inherently tied to global processes, I think we can develop a greater openness to accepting why non-Arctic states and other stakeholders have some valid interests in the region. And once the Arctic coastal states move beyond superficial rhetoric proclaiming simply that “the Arctic is ours”, once we instead emphasize the more precise and correct idea that we have sovereign rights to resources under UNCLOS, then I think the criticisms emanating from non-Arctic states are going to diminish accordingly. After all, the vast majority of Arctic resources lie within national jurisdictions, resources that the world can most easily access through trade and investment.

So despite all of the media hoopla over this alleged “race for resources”, the simple fact remains that most of the Arctic's exploitable resources lie within clearly defined national jurisdictions. Conflict over Arctic resources remains highly unlikely, particularly in the North American part of the circumpolar world.

Cooperation is the current and growing norm. Nevertheless, some commentators recommend expanding the Arctic Council's mandate to include military security issues. I think this is a bad idea. It would undermine the council as a high-level forum for open dialogue. By introducing military concerns, the council will be trapped in traditional diplomatic posturing rather than open dialogue. If this is the case, I fear that the permanent participants, northern indigenous groups, will be pushed to the margins.

This leads to Canada resuming the chair of the Arctic Council next year. I think a couple of general considerations should guide our approach. First, now that the council has gone through a full rotation of chairs, Canada should celebrate the council's achievements since 1996. We should not get caught up in the push by some pundits to recreate the council as a typical international organization with a treaty and a clunky bureaucratic tail that wags the dog. I think the council can be strengthened, but it does not need to be fundamentally reformed.

As chair, Canada should continue to clarify the place of permanent observers—non-Arctic states and organizations—in the council. The Nuuk declaration began this process. We should take it to the next step, recognizing that if states like China and organizations like the European Union are not granted observer status, they will pursue Arctic issues through other venues, and that will diminish the Arctic Council's place as “the premier forum for Arctic dialogue”, as our Arctic foreign policy statement describes it.

As for our goals as chair, I'm anxious to hear the findings of the dialogues Minister Aglukkaq has held in the north over the last month. I think we should quietly continue to focus on council-directed research programs—this is the bread and butter of the organization—but we should invest more energies in finding ways to package these research findings in policy-friendly formats. The work generated by the council should be more digestible to policy-makers, to journalists, and residents of the Arctic states, particularly northerners, if we want to create a new Arctic narrative to replace that problematic “Arctic race” one that still prevails.

Some commentators seem to measure the Arctic Council's success by the legally binding instruments that are negotiated under its auspices. I think this is the wrong mindset. The desired goal is scientifically informed policy, most of which should be generated at the state level as per the original intent of the council. What this does is it allows policies to accommodate regional diversity, because there are different realities depending on where one lives or operates in the circumpolar world.

Last, a message that Canada cannot stress enough is the central place and role of northerners in our northern strategy and Arctic foreign policy. When we get caught up in overheated rhetoric about the need to defend or assert sovereignty, the world tends to overlook the strongest basis for our ownership of our part of the Arctic: the historic use of our lands and waters by aboriginal people, who are active participants in all aspects of the Canadian state and our northern activities at home and abroad.

We should be reinforcing that our northern strategy is built around a vision where northerners, “live in healthy, vital communities, manage their own affairs and shape their own destinies”. This is the message we want to project to the world, to our Arctic neighbours, to Canadians, and especially to our northern citizens.

Thank you, Mr. Chairman.

9 a.m.

Conservative

The Chair Conservative Dean Allison

Thank you, Mr. Lackenbauer. We appreciate the opening words.

We're now going to move to questions by the members.

Mr. Dewar, you have seven minutes, please.

9 a.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Thank you, Chair.

Thank you to our witness.

I'm going to start off with a question and then share my time with Mr. Bevington.

I appreciate how articulate you were on the differences between the language of “use it or lose it”, or this notion that somehow it's a military equation.

I do, however, have a question about what kinds of investments we need with regard to monitoring the north. In fact, as you mentioned, climate change is an issue, ensuring that we have more capability, if you will, to support people there.

There are some discussions right now within government about our capacity with satellite and Radarsat, the next generation, Radarsat-3, and how we communicate in terms of weather. I know there are some discussions on how to coordinate and invest that.

Do you think that's a strategic interest that we should be investing in, in light of your comments about the importance of what we shouldn't invest in? Should we be investing in that and coordinating that piece of the equation?

9 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

Thanks. It's an excellent question.

For a long time, Canada has played a leadership role in terms of the satellite industry, something that I think is often downplayed or overlooked in Canadian circles. This is an area of particular competence for us.

It has applications for our neighbours. Certainly our Arctic capabilities, through the intelligence we gather through satellites—not only classified stuff about activities that are going on there, but also weather data. It is very important to our circumpolar neighbours as well.

I think this is very much a foreign policy issue. We tend to look at satellites often in terms of how they're instrumentalized for defence issues, the amount of information that's being gathered. A lot of this is being done through the private sector. There are constellations of polar orbital satellites that are being launched quite regularly, and a lot of Canadian companies are at the forefront of this.

Radarsat Constellation, I think, is a very important part of Canada moving forward and having something to deliver when we sit down at the table, particularly with the United States, when it comes to continental defence. I certainly think this is something that should be a high priority and it's something that should be considered, also recognizing that there is a lot of excessive capacity already up there in orbit that we can tap into. In some cases, it's not always about creating something new. In some ways, it's tapping into capabilities that are already there.

9 a.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Thank you.

I'll pass it over to Mr. Bevington.

9 a.m.

NDP

Dennis Bevington NDP Western Arctic, NT

I have a number of questions. I could probably keep you going for an hour or so, but I only have a couple of minutes here.

Over the last number of years, the work of the Arctic Council has been ecosystem management areas. They've identified 17 of those around the Arctic. They want to see common international standards for those: search and rescue, common international standards; shipping, common international standards; environmental monitoring and reporting, common international standards. Those are all international issues, so the work of the Arctic Council has been to work on issues that are really not tied so much to land as to the rapidly opening Arctic Ocean.

The Chinese have just put an icebreaker over the North Pole. We know that shipping is going to be more about the Arctic Ocean than the Northwest Passage, and that the Russians have just laid the keel on an icebreaker that will keep the Russian route open through international waters, largely year-round.

Yet you say that national issues should be the ones that drive the agenda of the Arctic Council.

9:05 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

What I meant to say, and I'm sorry if I was unclear, is that setting up the Arctic Council as though it should be generating instruments, legally binding instruments bought into by all the member states to the Arctic Council, the Arctic eight, and as though the primary role of the Arctic Council as it moves forward is to generate these binding treaty-type instruments, in my mind, is the wrong direction.

A lot of these matters are dealt with. You mentioned shipping. That is going to be dealt with by the International Maritime Organization. As you said, that's a global issue. A mandatory polar code is not going to be negotiated under the auspices of the Arctic Council. It's got to be done globally, because there are shipping interests from all around the world, from Singapore to the Netherlands, that are going to have a say and have competency in those issues.

To set up the Arctic Council so that its primary role is to generate legally binding instruments deviates from the original intent of the Arctic Council and actually ties Canada's hands. In a lot of these issue areas we want to have flexibility at the state level to be able to deal with issues, particularly when you're talking about land and distinguishing from waters.

We don't necessarily want the world coming and telling us what these should be. In some cases, we're going to want common global standards that apply to Canadian waters as everywhere else. In other cases, we're going to want that flexibility. My concern is that if you take something like the Arctic Council, which has worked and has been so innovative because it's not trying to emulate other international organizations, because it's not one, and try to convert it into that, and then to suggest that it should be coming up with legally binding instruments to deal with a lot of these issues that, as you properly said, are truly international issues—

9:05 a.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Those are the issues they're dealing with now. When you talk about bringing in national issues, just think about what happened recently with the Russians. They're permanent participants. The Russians suspended those. Why did they suspend them? It was because they were concerned about bringing national policy forward at international gatherings.

That's one of the problems we're going to see, going forward, with the permanent participants, if we're not very careful with what we're doing with this Arctic organization.

9:05 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

I agree. I think—

9:05 a.m.

Conservative

The Chair Conservative Dean Allison

Mr. Lackenbauer, you have 45 seconds left.

9:05 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

I'm trying to make the opposite argument, which is to say it's about the direction from the Arctic Council down to the national level. I'm not suggesting that we are supposed to be coloured by taking national issues up to the Arctic Council. What I'm suggesting is that the process of decision making and policy-making comes after the Arctic Council produces research results. A lot of that policy-making, I believe, should be done at the state level, as it has always been done.

What I'm worried about is “mission creep”, if you will, at the Arctic Council. It becomes expected to reach into issues that are properly within the competency of the nation state.

9:05 a.m.

Conservative

The Chair Conservative Dean Allison

Thank you very much.

I'm going to move over to Mr. Dechert for seven minutes, please.

9:05 a.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

Welcome, Professor Lackenbauer. Thank you very much for being here today and sharing your considerable expertise with us.

You mentioned in your opening comments the issue of other non-Arctic nations joining the Arctic Council as associate or observer members. Do you have any reservations or concerns about China, for example, being that kind of member of the Arctic Council?

9:05 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

I have manageable reservations. In essence, I think it becomes a net gain versus a net loss equation. In this particular case, my personal stance is to not include China as a permanent observer. They are not voting members. They are not a member state. They don't have a voice around the table when the senior Arctic officials or the ministers get together for discussions.

They will participate in working groups. They will bring funding, in theory at least, to the permanent participants, which will hopefully allow RAIPON, the Russian peoples, when they come back in six months, to have some stable funding as well.

The concerns, of course, on the part of some of the permanent participants, for whom I am not speaking, is that having more bodies, having more organizations around the table will dilute their voices. What allows the Arctic Council to work is the Arctic eight member states, with the permanent participants representing northern indigenous groups around the table, front and centre, when you're coming to the point of reaching consensus and coming up with common positions.

The concern is that more voices will drown out.... Okay, that makes it sounds like it would be a net loss, having countries like China there. My view is that they bring capacity. They're already active in the Arctic. They have interests. If they're closed out—

9:10 a.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

When you say they're already active.... Sorry to interrupt you. You said something that I thought was very important, which is that they're already active in the Arctic. How is China currently active in the Arctic?

9:10 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

Science, science, science. Right now, at this point, it's science. There is some investment that they have made in Canadian companies or multinational companies that are sometimes layers deep. You need to do some digging to find out where some of this ownership is happening in the 21st century world. There are interests, but for the most part, having been to China, having received Chinese delegations as part of a group of Canadian academics, their overarching message is an interest in climate change. They've got capacity.

For China, this is also about prestige politics. China sees itself as moving up in the world. If the western world is telling China that the Arctic is the place to be and it's going to be important in the 21st century, and China then repeats that back to us, and then western commentators get all nervous talking about China's Arctic ambitions, this is the cart leading the horse. In many respects here, it's sending very clear messages to China to make sure they realize their interests are confined to that doughnut hole, that open space that's beyond national jurisdiction.

In that particular case, the Chinese hopefully will be reasonable. How much of a revisionist actor China is going to be in terms of international law remains to be seen.

9:10 a.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

What do you think their primary interests are? Shipping or resources, or both?

9:10 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

I think it's going to be everything. Again, in the next 50 years, it's going to be resources, but that's not their current.... It's not as if China has some insatiable appetite and is hell-bent to ride roughshod over international rights to get access. The Chinese will recognize that a stable region where you can do your investments and have your trade is their desired end state.

9:10 a.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

I have one last question regarding China. To your knowledge, has China ever had any military assets in the Arctic region?

9:10 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

Not that I'm aware of, and again, if they were to be deploying up there, this is a grand strategic issue that we'd want to be very careful to calculate into our broader world view, as opposed to just looking at it as an Arctic issue.

9:10 a.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

Thank you for that.

I want to explore the difference between the Northwest Passage and the Arctic Ocean passage. Can you explain for us what the advantages and disadvantages are to Canada and to the broader international community of one route versus the other?

9:10 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

There's a more basic debate that we often avoid in this country, which is whether we actually want the world to use the Northwest Passage. That's really it. If we want the world to use the Northwest Passage, we have a lot of research to do to figure out the bathymetry of the region, to select safe routes, and to invest in infrastructure to make it attractive. Otherwise I think the world is, as Mr. Bevington said, literally going to bypass the Canadian archipelago, our internal waters.

We see some investments by China and others going into Iceland. Iceland would love to see itself as a major transshipment port for the over-the-top route. Depending on the way the ice melt occurs—and again, scientists are showing that these are not simple linear patterns, that this is a very complex environment to try to gauge what's happening—it does look like the over-the-top route is actually going to open up before the Northwest Passage does, in theory, if not in practice.

The Russians, of course, have served as a model, looking at their northern sea route, investing in a lot of infrastructure, such as icebreakers, as you said, to try to make it attractive to international shipping.

The basic question for Canada is, do we want to see the world come and use the Northwest Passage? Do we see benefits to Canadians and to northerners? Otherwise, if we do nothing, I happen to think that it's probably going to be bypassed.

9:10 a.m.

Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

Fair enough. The advantages to Canada would be some kind of transshipment port in the Arctic, maybe in Hudson Bay or further north. That would be the best we would hope for, but obviously going that route raises environmental concerns.

9:10 a.m.

Associate Professor and Chair, Department of History, St. Jerome's University, As an Individual

Dr. P. Whitney Lackenbauer

Absolutely, and that's where it all has to be managed.

One of the things we should be celebrating in this country—I know sometimes the processes come off to the private sector as being quite cumbersome—is the regulatory regimes and the environmental assessment processes we have in place. We want to make sure that any investment is being done in such a way that there will not be any major deleterious effects on northern ecosystems.

In many cases, you're right. The one way around the transit passage issue relating to the legal status of waters for the Northwest Passage—which I'm sure DFAIT gave you its line on, and I think it's actually the correct line—is if we encourage foreign shipping to come and go up to a Canadian port and stop there, there's no question they're entering Canadian waters and sovereign territory, and therefore the whole issue of the legal status of the Northwest Passage disappears.

This again is one way that we can get inside the minds of the international shipping community, but realize at the end of the day that we live in a world of “just in time” delivery. If these shipments are off by a matter of hours from Yokohama to Rotterdam, global logistics networks get thrown into disarray. This is not something that's going to happen tomorrow. This is something that is still a decade away. Again, making year predictions is really a problem, but we do have some time to get this right before the world starts to flood into our waters.