Subject: Re: [BoundaryPoint] Northwest Angle 2 enclaves and map
Date: Apr 10, 2001 @ 21:48
Author: David Mark (David Mark <dmark@...>)
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"Navigable waters" in Canada appear to be defined much more narrowly:

Navigable Waters Protection Act:
"navigable water" includes a canal and any other body of water created or
altered as a result of the construction of any work."
http://laws.justice.gc.ca/en/N-22/76767.html

David

On Tue, 10 Apr 2001, michael donner wrote:

> bus&ss indicates that the point adopted in 1925 for the new north limit of
> the usa in the lake of the woods displaced it northward from swampland into
> open water
>
> & nicholson 1979 says about the 1925 change
> as the international boundaries of canada are also coincident with its
> provincial boundaries except where they pass thru navigable waters etc
> provincial recognition by manitoba followed in 1928 as it had to
>
>
> so it would appear that not only were the claves eliminated by the 1925
> change but a manitoba minnesota ontario binational tripoint was
> eliminated as well
>
> >
> >Northwest angle used to have several enclaves in its NW arm of Lake of the
> >Woods, that were removed in 1925. A map of the issues is on p137 of Stephen
> >B. Jones, (1945), _Boundary-making a handbook for statesmen, treaty editors
> >and boundary commissioners_, Carnegie endowment for international peace,
> >division of international law, monograph No.8. Washington DC.
> >
> >As martin said , this has been republished recently.
> >
> >BW
>
>
>
>
>
> still trying to visualize what tripoints do remain now tho
> so excuse me if i ramble on
>
>
> within canada it appears there must be a crown manitoba ontario tripoint
> very close by
> at the first landfall due north of the changed minnesota north point
>
> & i am glad at first to realize this because i have been trying to upgrade
> my count of the canadian internal multipoints
> having just broken thru last night on multimap to a fairly credible count
> of 25 places where the prolific nunavut northwest territories boundary
> touches the seacoast
> the great majority of these on victoria & mackenzie king islands btw
> & so i have been scurrying all over the map of canada trying to complete
> this try
> which has appeared to involve only about another dozen points or so
>
>
> but
> oh
> the try has actually just gotten blown to smithereens
> because i realize i cant say what navigable waters actually are
> or more to the point what canada thinks they are
>
> i think they are probably any waters navigable by even the smallest craft
> given that the royal preemption of them dates to earliest times
> & they very probably include lakes & rivers equally
> & could easily include waters both above & below the first head of navigation
> & at any stage of flow
>
> so the most liberal interpretation
> which now seems the most likely one
> would add a pair of crown waters tripoints just about everywhere a stream
> or pond crosses any provincial or territorial boundary
> & this amounts easily to hundreds of additional primary federative tripoints
> & a really unresolvable mess
> unless the canadian government publishes an official list or map of them
> which frankly i find hard to imagine
>
>
> so my revised conclusion is that canada
> which begins by having 0 zero triprovincial points
> plus its obvious quartet of federative dry multipoints along the 60th parallel
> & about 3 dozen somewhat less obvious coastal tripoints
> trails off into a myriad of mostly obscure freshwater federative tripoints
> & is therefore probably just not susceptible to the kind of exhaustive
> finite analysis enjoyed by the usa & most other countries
>
>
> & i realize now too that the same imponderability extends equally to the
> caus binational tripoints
>
> we can easily point to the few all dry ones
> menhpq & the half dozen on the 49th parallel west of the red river
> & a couple of unnavigable wet ones i guess
> nhpqvt & akbcyt
> but we will probably never be able to account for all the wet ones
>
>
> & thus unexpectedly both canada & caus
> for the same reason
> must remain by & large terra incognita
>
> m
>
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