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September 27, 2021
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A Meandering River, a Winding Border


A goodly part of the northern boundary between New Brunswick and Maine, as established by the Webster-Ashburton Treaty of 1842, follows the centre line of a river called Kelly Rapids. Or, at least it used to follow the centre line-- time has not been kind to this boundary.

You see, rivers, especially those in alluvial plains, have a tendency to change courses over time, often shifting by kilometres. Mankind may draw lines on paper, but rivers will go where they want. As they change their courses, they create new peninsulas and leave behind oxbow lakes. Sometimes they even split into two separate channels, with an island in the middle, this phenomenon being known as a sny. All the while, the line on paper will be "over there".

So, all this to say that where Kelly Rapids ran in 1842 is not where it runs today. But of course the border hasn’t changed, as a result of which the river lies for some portions entirely within one country or the other, leaving islands and peninsulas accessible only from the other country.

Now, of course, this is not leading-edge science and would have been well-known to the negotiators of the Treaty. But negotiators are often careless about fine details, which is why such places as Point Roberts, the Northwest Angle, and Campobello Island can be reached by land only through their neighbouring countries. So long as the neighbours remain friends and allies, this quirk of geography is rather whimsical, except for COVID border closings.

The fact remains, however, that today many residents of these iconic little glitches share their economies and everyday lives with a foreign nation and go to some inconvenience to travel to their own country. All because ancient negotiators didn’t pay attention to the details.

A fine story, you say, but what’s the point? Well, mostly that we live in a fascinating corner of the world, but also that the details of our work and decision making can and will impact others for years to come. Today's haste to "get it done" can lead to tomorrow's chagrin.



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Friday Briefing Archives

 

Kelly Rapids is a tributary of the St. John River, which flows into the Bay of Fundy at the city of Saint John, New Brunswick, which of course is a very different city from the not-distant city of St. John’s, Newfoundland. So much for consistency!

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I am an explainer, that is, I deconstruct complex concepts and re-tell them in a fashion that can be understood.

In particular, I explain the secrets of professional success-- things I wish I had known as a beginner lawyer in 1981, but which I had to learn by trial and error (and the occasional epiphany).

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