369. Memorandum From the Under Secretary of State for Political Affairs (Johnson) to President Nixon1 2
Subject:
- Canadian Legislation on the Arctic
In accordance with your telephone conversation with Prime Minister Trudeau on March 17, I yesterday visited Ottawa and met all day, until late in the evening, with State Secretary for External Affairs and Acting Prime Minister Sharp (Trudeau was in Winnipeg for several days), and two other Canadian Ministers, the Minister of Indian Affairs and Northern Development Chretien, and Donald MacDonald, President of the Privy Council and Government Leader in the House. Ambassador Cadieux and other senior Canadian Government officials were also present. I was accompanied by Under Secretary of the Navy Warner and senior representatives from DOD, DOT, Interior and the Chief Counsel of the Coast Guard.
In summary, I believe we have caused the Canadians to rethink, and undoubtedly to make some revisions in the proposals they are committed to make to Parliament next week. However, as it is quite clear they face overwhelming political pressures on the pollution issue in the Arctic and nationalistic claims to the waters in the area (this is clearly the present political issue in Canada), I am not sanguine that they will find it possible to eliminate all of those features that we find objectionable. However, the tabling of legislation next week is only the first step and I am satisfied that they intend to handle the matter in a manner that will buy as much [Page 2] time as possible for both of us to try to work out mutual solutions.
In addition to making the points contained in the “talking paper” attached to Secretary Rogers’ memorandum of March 16 to you, I proposed to the Canadians the immediate formation of a Joint U.S.-Canadian Commission under which we would enforce against American flag vessels mutually agreed regulations for operations in the Arctic off both of our coasts. The Canadians would do the same with respect to their vessels. I pointed out that this would meet the immediate practical needs and also avoid the issue of principle for both countries while buying time to work out a wider international solution. While appreciating our effort to offer a constructive solution, the Canadian representatives felt that the political pressures they faced were such that they could not accept a solution which would appear to give the “big and powerful” U.S. such a strong voice in how they handle their Arctic waters.
Much of our discussion through the day revolved around various possible alternatives to this proposal, formulae for Canadian legislation, and other possible solutions.
The Canadians are very sensitive on its becoming known that they are discussing with us legislation being considered by the Government before its presentation to the Parliament. The Canadians themselves are meeting again today on the subject and plan to discuss the matter with the Prime Minister when he returns this afternoon. I offered to leave in Ottawa any members of my delegation that would be helpful, but Sharp suggested that we keep in touch through Ambassador Cadieux, who returned to Washington with me. I have promised to follow up [Page 3] work here on the problem and expect to hear from Cadieux not later than Monday. However, I think it also possible that Prime Minister Trudeau might telephone you.
- Source: National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, March 1969-August 1970 (1 of 2). Confidential. A handwritten notation on the memorandum indicates the information was included in the President’s Daily Brief for March 21. An additional notation reads: “OBE/D.” On April 1 the Canadian Government proposed legislation to control Arctic pollution, regulate fisheries, and extend territorial waters (External Affairs [Canada], May 1970, pp. 130-131). On April 15 the Department of State lodged a formal protest with Ottawa, noting the potential impingement on U.S. interests and the likelihood of impairment to UN-sponsored sea law negotiations. See Department of State Bulletin, May 11, 1970, pp. 610-611.↩
- Johnson summarized the results of meetings held in Ottawa between a team of U.S. government representatives and Canadian officials. He noted that although the Trudeau administration would likely moderate certain aspects of their impending Arctic legislation, domestic political pressures would likely produce a result adverse to U.S. interests.↩