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The border relationship with the United States is tremendously important to the economy of western Canada. Our heavy reliance upon an open border means that we cannot allow individual border disputes to have a long-term impact upon border relations, or to spill over into other areas of the relationship. Given the magnitude of this relationship, which is exemplified by the almost $2 billion in goods that flow across the border every day, disputes are to be expected; but, with so much at stake, the process of resolution is paramount. It may even be fair to say that the two countries should not be judged for what is right with the border relationship, but for how it is managed when things go wrong.
This discussion paper considers the state of the border relationship and the importance of process in navigating this relationship by examining the recent dispute between Teck Cominco Metals, Ltd. and the US Environmental Protection Agency over the clean-up of Lake Roosevelt in Washington State. This case is instructive for numerous reasons, not least of which because it demonstrates the potential problems created when disputes arise involving domestic interests in the US. Many cross-border agreements exist between the two countries that bind the signatories (national governments) to adhere to the processes and regulations therein. But when domestic players are involved, the difficulty of utilizing the existing processes for dispute settlement intensifies. For sovereign actors to agree to resolve disputes bilaterally already sets high expectations, but to manage disputes through such channels when additional players are involved, is extremely difficult.
This paper investigates whether the current pressures on the Canada-US border relationship, exemplified by the Teck Cominco case, reflect a troubling new era in the cross-border relationship akin to a "continental divide." The paper examines:
1. key challenges emerging in the Canada-US border relationship;
2. the political and economic implications of these challenges; and
3. how Canada should respond to the current trends in the border relationship.
The Teck Cominco case, framed in the context of other contemporary border disputes, reveals that, for Canada, getting process right may be key to resolving border disputes in the future; and even more important than setting a good precedent, is not setting a bad one. The Canadian government must take a measured approach toward its border relationship with the United States, balancing our interest in keeping the border open and friendly, with preventing breaches of process and US attempts at extraterritoriality. We cannot afford to drift toward a continental divide; we must focus on the process of building bridges over that which threatens to divide us .
Author(s): Dr. Kari Roberts
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