Fifty years and counting

ON June 15-16, 2001, in Montreal, Quebec, the Canadian Maritime Law Association (CMLA) celebrated its 50th anniversary. Many members, guests and sponsors attended the celebrations, including the Maritime Law Association of the United States (MLAUS), CP Ships, Fednav Limited, the Port of Montreal, The St Lawrence Seaway Management Corporation, The Canadian Shipowners Association, The Shipping Federation of Canada, the Canadian International Freight Forwarders Association, the Canadian Ship Supply & Services Association and the Canadian Board of Marine Underwriters. It was an opportunity for the CMLA to look back on its origins and evolution and cast a keen eye to the future.

The events kicked off with the Annual General Meeting at the University Club of Montreal. Regards from the Maritime Law Association of Australia and New Zealand were expressed by Justice Richard Cooper, a long-standing friend of the CMLA, and greetings from the MLAUS were given by its president William Dorsey III. Dorsey then proceeded to describe, with humour, the "capture" of Montreal at the beginning of the American Revolution by the Continental Army. There was talk about what could, would and should have been, but for the failure of the inhabitants to embrace the American liberators who were later forced to withdraw. Heavy stuff for a nine o'clock start! Frank Wiswall, Vice-President of the Comité Maritime International, then spoke warmly of the CMLA's welcomed contribution to CMI matters, both past and ongoing.

Past presidents in attendance included Barry Oland (1998-2000), Nigel Frawley (1996-1998), Johanne Gauthier (1994-1996), Dr Edgar Gold, CM QC (1992-1994), the Honourable W David Angus, QC (1989-1992), David Brander-Smith, QC (1987-1989), Prof William Tetley, QC (1981-1984), the Honourable Arthur Stone (1978-1981) and Stuart Hyndman, QC (1964-1969). Regrets were received from Jack Cunningham, QC (1973-1975) of Vancouver who, due to health reasons, could not attend.

At the luncheon, members were treated to two reflective speeches by Stuart Hyndman QC, and Prof William Tetley QC. This was followed by an address by John A Cantello, a long-standing secretary of the CMLA, who had authored a book issued to members that day entitled A History of the Canadian Maritime Law Association 1951-2001.

The evening belonged to the MLAUS, who kindly hosted a cocktail party on King Edward Pier in the Old Port. Early in the evening a passing tall ship fired its cannon, seemingly at the assembled guests. As the ship was flying the Stars & Stripes, they could be forgiven for thinking they were under attack again. However, as before, the sense of excitement was merely heightened and the locals did not succumb.

Saturday brought a more serious tone, with a seminar held at the Faculty Club, McGill University. Justice Arthur Stone, of the Federal Court of Appeal, delivered a summary of his excellent paper entitled The Admiralty Court in the Twentieth Century, which sets forth the evolution of Canada's national Admiralty Court, its jurisdiction and the law it has administered over the last century. The Silver Oar of the Admiralty, presented to the Federal Court by the CMLA on the occasion of the Court's 25th anniversary in June, 1996, was also on display.

This was followed by a panel presentation on Global Warming and Canada's Shipping Lanes, moderated by Nigel Frawley. The speakers were Henry Hengeveld, senior climatologist at Environment Canada, Dr Carl Anderson, senior oceanographer at Challenger Oceanography in Dartmouth, Nova Scotia, Ian McG Marr, ice navigation expert at the Canadian Coast Guard, and Leonard Legault, OC, QC, (former senior assistant deputy minister Department of External Affairs and International Trade. They examined the climate shifts effecting Canada's coastal and inland waters, particularly the Arctic, and focused on the recently noted extensive changes in Canada's northern ice conditions and the repercussions this will have.

Among the highlights of the panel discussion were the following points -

• (a) the risk of future climate change at magnitudes unprecedented in human history are real and significant,
• (b) further climate change is unavoidable, and adaptation is an important part of the response,
• (c) sea ice extent and thickness have declined measurably in most parts of Canada's Arctic since the 1970s,
• (d) navigation seasons in formerly icebound areas are likely to become longer,
• (e) the disappearance of ice will require more, rather than less, by way of protective measures in respect of navigation, including more control, more resources and more effort by the Canadian government,
• (f) Canada must prepare for the very strong possibility of increased traffic through its Northern Passage,
• (g) in any discussion of climate change in the Arctic and the development of commercial shipping in the Arctic archipelago, the Inuit must have a leading voice.

Delegates were reminded of Canada's failure in the early 1980s to move forward with its Polar Icebreaker Project (a Polar 8 Class diesel powered icebreaker, 75,000 kw). It now has only two icebreakers with true Arctic capacity, but only for the summer/fall months, the largest being 20,400 kW. Compare this to the Russians who have a number of nuclear powered icebreakers of 55,000 kW, and are considering building a "Leader" class nuclear powered icebreaker of 100,000 kW power. Assuming Canada can claim sovereignty over the waters of its Arctic archipelago, the concern was raised as to how will this be enforced with such inadequate assets.

A black-tie event was held in the evening at the historic Bonsecours Market in Old Montreal, only a few blocks away from the Board of Trade building where the CMLA began in 1951. Since that time, the CMLA has grown to some 300 members and 19 constituent members, and operates through 31 subcommittees studying the development, impact and enforcement of domestic and foreign maritime law. Its goals include the promotion of the study and advancement of maritime law and its administration in Canada and the promotion and consideration, with other associations, of proposals for the unification of the maritime law and practice of different nations.

The CMLA holds open meetings in Halifax, Montreal, Toronto, and Vancouver, with the occasional venture into Newfoundland. In recent years the executive committee has met on a regular basis in Ottawa with senior government officials from the Departments of Transport and Fisheries and Oceans, and with attorneys seconded from the Ministry of Justice, to review policy matters, legislation and the implementation of international conventions. It is often called upon to comment on bills and regulations in the drafting stage before departmental or legislative working committees. At the request of the Federal Court of Canada, the CMLA has also hosted a number of seminars in Ottawa with prothonotaries, registrars and judges of the Federal Court (Trial Division and Court of Appeal) on issues pertaining to maritime law and practice.

In the past year the CMLA has been active in, inter alia, revisions to the proposed Canada Shipping Act, 2001 and Shipping Conferences Exemption Act (Bill C-14), the proposed Transportation Appeal Tribunal of Canada and the Marine Liability Act, now implemented in Chapter 6 of the Statutes of Canada 2001. The latter consolidates, in a single statutory package, the major components of Canada's maritime liability regimes and also adds important and necessary new provisions relating to apportionment of liability applicable to torts governed by Canadian maritime law and to liability for passengers and their luggage. It represents some four years of co-operative effort between the Department of Transport and the CMLA, together with the informed input of many other interested parties and organisations, including a number of the association's constituent members.

The CMLA has also made submissions to the Ministers of Transport and Justice on Federal Legislative Reform. In particular, it has sought amendments to the Marine Insurance Act to include provisions for direct action against insurers, specifying a limitation period and the time for payment of claims and providing relief from forfeiture. It has also sought an amendment to the Federal Court Act to give the Federal Court jurisdiction to determine claims against inland carriers where goods are carried by both sea and land.