
Canada's far north, including the Canadian Arctic, is a vast and isolated region with a unique history and culture. Home to various Inuit groups and other Indigenous peoples, the far north has been influenced by whaling and fur trading, with a recent focus on mineral extraction. The region's extreme climate and terrain have shaped its development, and its future is now closely tied to the impacts of climate change. With a sparse population, the far north's governance and law enforcement have evolved over time, with Canada asserting sovereignty and seeking to balance economic development with environmental protection. The question of law in Canada's far north is complex, involving Indigenous rights, land claims, and international interests.
| Characteristics | Values |
|---|---|
| Date Canada gained sovereignty over the region | 1920 |
| Date the Far North Act was passed in Ontario | 2010 |
| Area covered by the Far North Act | 225,000 square kilometres |
| Population | Less than 0.5% of Canada's population |
| Size | About 48% of Canada's total land area |
| Location | North of the Arctic Circle, east of Alaska, west of Greenland |
| Climate | Raw and damp, low precipitation |
| Vegetation | Tundra, Barren Grounds |
| Natural Resources | Presumed wealth of natural resources |
| History | The history of the Yukon is the history of the gold rush |
| Inhabitants | The Inuit, Indigenous people |
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What You'll Learn

The history of law enforcement in the far north
Canada's earliest legal traditions can be traced back to France and England. In 1651, Quebec City modelled a watchman system based on early French cities. Upper Canada, now Ontario, adopted English traditions and established a constabulary and a watch-and-ward system. In 1835, Toronto created a police department based on England's Metropolitan Police Act, with Quebec City and Montreal following suit in 1838 and 1840, respectively.
In 1870, the British decided that the management of the North was better suited to governments than corporations, and sold Rupert's Land to the Canadian government. The land was divided into several pieces, with the southern half becoming the Prairie provinces of Manitoba, Saskatchewan, and Alberta, and the northern half becoming the Northwest Territories and Yukon. In 1873, the North West Mounted Police (renamed the Royal Canadian Mounted Police in 1920) was created to police the western plains.
In 1880, Britain transferred its claim to the far north to Canada, which incorporated it into the Northwest Territories. The Inuit were unaware that their territories had been included in Canada under international law. In 1920, detachments of the Royal Canadian Mounted Police were sent to the far north to enforce Canadian law, marking the effective beginning of Canadian sovereignty over the region.
In the late 19th and early 20th centuries, Canada reduced the size of the Northwest Territory by creating new provinces such as Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Nunavut territories. The "far north" typically refers to the areas north of the tree line, including the Barren Grounds and tundra. This region covers about 48% of Canada's land area but has less than 0.5% of its population.
Today, law enforcement in Canada is the responsibility of police services, special constabularies, and civil law enforcement agencies, which are operated by various levels of government, private and Crown corporations, and First Nations. First Nations and Inuit communities governed by the Indian Act have access to the First Nations and Inuit Policing Program, allowing them to establish their own police forces funded by federal and provincial governments. However, due to the small size of many reserves, some First Nations have formed regional police agencies or contracted with federal or provincial governments for police services.
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The impact of climate change on law and order
Climate change is a pressing issue that requires a multifaceted approach, including social movements, political actions, and economic transformations. The law is a crucial lever in this endeavour, as it can facilitate behavioural changes and shape societal norms. The legal profession has a responsibility to adapt to the evolving landscape and guide clients through the risks and implications of climate change.
In Canada's far north, the impact of climate change on law and order is evident. This region, encompassing the Northwest Territories, Yukon, and Nunavut, is known for its sparse population, economic challenges, and harsh weather conditions. As climate change intensifies, the accessibility of natural resources in this region may increase, leading to potential disputes and legal complexities.
Historically, the enforcement of Canadian law in the far north faced challenges due to its initial exclusion from the early 20th-century treaty process. It was not until 1920 that detachments of the Royal Canadian Mounted Police (RCMP) were dispatched to the region, solidifying Canadian sovereignty. The Canadian government has since recognised aboriginal title to the land by establishing autonomous territories.
The Far North Act, passed in Ontario in 2010, is another example of the legal response to climate change in Canada's far north. This Act, developed in collaboration with First Nations communities, designates 225,000 square kilometres as "protected areas" and mandates the approval of land use plans by First Nations. This legislation reflects a commitment to economic development and environmental protection in the region.
As climate change progresses, the legal landscape in Canada's far north may continue to evolve. The increasing accessibility of natural resources could lead to disputes over territorial claims and resource ownership. Additionally, the potential for economic opportunities, such as the development of chromite deposits in the 'Ring of Fire' region, may shape legal frameworks governing resource extraction and community partnerships.
In conclusion, climate change has significant implications for law and order in Canada's far north. The evolving climate conditions, coupled with the region's unique characteristics, give rise to legal complexities. As the impacts of climate change become more pronounced, the legal profession must adapt to address the challenges and opportunities that arise, ensuring the protection of communities and the environment in this vulnerable region.
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The role of First Nations in land use planning
In 1920, detachments of the Royal Canadian Mounted Police (RCMP) were sent to Canada's Far North to enforce Canadian law, marking the beginning of the country's effective sovereignty over the region. While the Far North was not included in the early 20th-century treaty process, the Canadian government has recognised aboriginal title to the land by establishing autonomous territories.
In recognition of this, the Ontario government passed the Far North Act in 2010, which came into effect on January 31, 2011. This Act marked a significant stride in economic development and environmental protection in the Far North. For the first time in Ontario's history, First Nations' approval of land use plans is required by law. The Act provides for community-based land use planning, with planning teams composed of First Nations and Ontario representatives working together to make consensus-based recommendations on land protection and economic development.
The Far North Act sets aside 225,000 square kilometres as "protected areas" and provides a foundation for First Nations and Ontario to collaborate as partners on land use planning in the region. This joint planning process supports environmental, social, and economic objectives and is consistent with the recognition and affirmation of existing Aboriginal and treaty rights outlined in the Constitution Act of 1982.
The land use plans developed through this collaborative process are key to the development of the Far North, including the region known as the 'Ring of Fire'. This region contains one of the world's largest deposits of chromite, a crucial ingredient in stainless steel, presenting an economic opportunity for Far North communities. By working together and seeking consensus, First Nations and Ontario are able to balance economic development with environmental protection, ensuring a sustainable future for the region.
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International law and Canada's territorial claims
Canada's far north, synonymous with the Canadian Arctic, is a region that lies north of the Arctic Circle, east of Alaska, and west of Greenland. It covers about 48% of Canada's total land area but is inhabited by less than 0.5% of its population. The far north is often subdivided into two distinct regions based on climate: the near north and the far north, which have vastly different economies, settlement patterns, and histories.
Historically, Britain maintained a claim to the far north as part of the British Arctic Territories. In 1880, this claim was transferred to Canada, which incorporated the region into the Northwest Territories. Canada later reduced the size of the Northwest Territory by carving out new provinces such as Alberta, Saskatchewan, and Manitoba, as well as the territory of Yukon.
Canada's claims to territorial sovereignty in the Arctic regions have been a subject of interest and debate. Canadian-made maps typically assert ownership of the North Pole through a triangular land claim extending from Yukon's western border. However, this claim contradicts international law, which usually restricts a country's borders to within 200 miles of its coasts. Canada's assertion of sovereignty over the Northwest Passage is another point of contention, with the United States refusing to recognize this claim.
In terms of international law and Canada's territorial claims, Canada has played a significant role in the establishment and support of the International Criminal Court (ICC). Canada was the first country to incorporate the obligations of the Rome Statute into its national laws through the Crimes Against Humanity and War Crimes Act. This Act criminalizes genocide, crimes against humanity, and war crimes, allowing Canada to prosecute individuals within its jurisdiction.
Additionally, Canada has contributed to the investigation and prosecution of similar offences through the Mutual Legal Assistance in Criminal Matters Act. Canada's territorial claims in the far north are influenced by the presence of natural resources and the potential for economic development, as evident in Ontario's Far North Act, which aims to balance economic growth with environmental protection and the involvement of First Nations in land use planning.
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The legal rights of the Inuit people
The Inuit people are Indigenous peoples who have lived in the Arctic, including the ice-covered Arctic Ocean, long before the rest of the world turned its attention to the region. The Inuit's homeland, called Inuit Nunaat, includes lands in Canada, the United States (Alaska), Denmark (Greenland), and Russia. It also covers large portions of the Arctic Ocean and some northern areas of the Atlantic Ocean.
Historically, the Inuit people have faced challenges in asserting their rights and preserving their culture due to the encroachment of European explorers, whalers, and the Canadian government. In the nineteenth century, European explorers encountered the Inuit and viewed them as primitive and inferior. Additionally, American and Scottish whalers decimated the whale populations that were vital to the Inuit's survival, introducing diseases and alcohol, which had detrimental effects on their communities.
In the 1950s, the Canadian government undertook the High Arctic relocation, which was intended to protect Canada's sovereignty in the Arctic, address overhunting, and assimilate the Inuit by ending their traditional culture. This resulted in the forced resettlement of some Inuit communities, with families moved to barren and harsh environments. Despite these challenges, the Inuit began to emerge as a political force in the late 1960s and early 1970s, forming politically active associations and pushing for respect for their rights and territories.
In recent years, the rapidly changing climate in the Arctic has opened up the possibility of exploiting natural resources in the region. Both Arctic and non-Arctic states are seeking control over these resources. However, it is important to recognize and uphold the rights of the Indigenous peoples who have inhabited the Arctic for centuries. International and Canadian law provide support for the Inuit having territorial rights over Arctic waters, ice, and the resources above and below the ice. The United Nations Declaration on the Rights of Indigenous Peoples affirms the rights of Indigenous peoples, including the Inuit, to the lands, territories, and resources they have traditionally owned, occupied, or used.
To promote economic development and environmental protection in the Far North, the Ontario government passed the Far North Act in 2010. This act requires the approval of First Nations' land use plans, providing a foundation for collaboration between First Nations and Ontario in land use planning. Additionally, the Nunatsiavut government, representing Labrador's 5,000 Inuit people, signed a land claims agreement in 2005, paving the way for an autonomous government and recognizing the Inuit's ownership of a significant portion of land and special rights along the coast. These developments reflect a growing recognition of the legal rights of the Inuit people and a commitment to protect their territories and way of life.
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Frequently asked questions
Yes, Canadian law applies in the Far North. However, the region's isolation, harsh weather, and low population have made law enforcement a challenge.
The Royal Canadian Mounted Police (RCMP) began enforcing Canadian law in the Far North in 1920, marking the effective start of Canadian sovereignty over the region.
The Far North's isolation and harsh weather make transportation and communication difficult. The region's small population, mostly Indigenous, has limited economic development and public services.
The Far North is a distinct region within Canada, comprising the Northwest Territories, Yukon, and Nunavut. It is known for its natural resources and cultural heritage, with a unique legal and political status that includes autonomous Indigenous territories.













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