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October 30, 1998
(Executive Council)


Expert in boundary delimitation to lead Newfoundland and Labrador case

Premier Brian Tobin today welcomed the appointment by the Government of Nova Scotia of Mr. Yves Fortier as lead counsel for Nova Scotia in the pending arbitration process to resolve the Newfoundland and Labrador - Nova Scotia offshore boundary dispute.

"This dispute has been ongoing for 20 years and, in order to improve opportunities for both provinces, it is important that we move forward quickly," said Premier Tobin. "Anytime there remains unresolved legal differences between neighbours an appropriate course of action is arbitration."

Premier Tobin also noted that Professor Donald M. McRae will continue to lead the province's legal team through the formal arbitration process now being established. Mr. McRae has been providing the province with legal advice on the offshore boundary since May of 1996. His legal advice formed the foundation of the province's challenge to Nova Scotia's assertion of an offshore boundary line which ignores the principles of international law.

Mr. McRae is a professor in the Faculty of Law at the University of Ottawa. As one of Canada's foremost experts in maritime boundary delimitation, his achievements include the following:

  • Senior legal adviser to the Agent for Canada in the Canada-US Gulf of  Maine maritime boundary case, 1983-84
  • Counsel for Canada in Canada-France fisheries arbitration, 1985-86
  • Consultant on maritime delimitation for the International Centre for Ocean Development, Government of Kiribati, Organization for Eastern European States, Government of Western Samoa, and the Government of Namibia, 1987-88
  • Counsel for Canada in the Canada-France arbitration of the St. Pierre and Miquelon maritime boundary, 1991-92
  • Consultant to the United Nations Under Secretary for Law of the Sea on High Seas fisheries issues, 1991
  • Consultant to the United Nations Under Secretary for Law of the Sea on State practice since 1982 on the Law of the Sea, 1992

More recently, Mr. McRae's talents have been utilized in leading Canada's efforts to resolve the Pacific Salmon dispute with the United States.

"As one of the world's most recognized experts in this area, Don McRae has provided invaluable advice," said the Premier. "Newfoundland and Labrador has a strong case that is indeed, strengthened with Mr. McRae's continued involvement."

"With Nova Scotia's recent decision to appoint outside legal counsel, and with our own preparations well advanced, I foresee no reason why the boundary arbitration process cannot proceed expeditiously, nor why the arbitration panel cannot be put in place within the next few weeks. It is my hope that Nova Scotia will join with Newfoundland and Labrador and the Government of Canada to demonstrate a shared commitment to ensuring the process is completed as expeditiously as possible," said the Premier.

Media contact: Heidi Bonnell, Premier's Office, (709) 729-3570

1998 10 30                         2:00 p.m.


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