An Open Letter to Toronto and Ottawa Bureaucrats

(originally addressed on July 15, 2024 to Dominic LeBlanc, Minister Public Safety; Jean-Yves Duclos, Minister of Public Services and Procurement; Mélanie Joly, Minister of Foreign Affairs; Graydon Smith. Ontario Minister of Natural Resources; and Erin O’Gorman, President, Canada Border Services Agency)

Dear Ministers and President,

Last Wednesday I returned from a visit to Fort Frances, Ontario and Atikokan, Ontario. The purpose of the trip was to talk to people in these communities about issues that concern them. I will touch upon these issues, however, the purpose of this letter is also to talk about how something has gone fundamentally wrong with the democratic process in Canada.

The big issue I went out there to discuss was Americans fishing in Canadian waters. In the Rainy Lake and Lake of the Woods area this has been a problem for many years, however, local people feel it is getting worse. The reality is that existing rules which relate to the use of these shared waterways, which are based on the Boundary Waters Agreement of 1908, are the product of a very different era and need to be updated in light of technological changes that have taken place in the intervening years. 

The Boundary Water's Agreement basically ensures that Canadians and Americans shall equally share the economic benefit of these shared waterways. Back in 1908 the populations of both countries were however much smaller, and without GPS systems and other modern technologies, many fewer American anglers were willing to venture far into the labyrinth of islands and inlets in the northern parts of either Lake of the Woods or Rainy Lake. In addition, boats had smaller engines, so transportation was slower. Because of these factors many Americans in the past chose to stay in Canadian fishing camps. As a result, Canada has historically economically benefitted from the many good Americans who come up here to stay in our fishing lodges. 

These days with GPS, bigger boat engines, and a seeming disinterest on the Canadian side in enforcing the existing laws pertaining to Americans fishing on our side of the border, many Americans prefer to stay on the American side while at the same time fishing in our waters. As a result, we are increasingly seeing our resources (including our fish) being taken by Americans with very little economic benefit to Canadians.

An aggravating factor for us Canadians, when discussing the existing laws regarding fishing is that the rules are based on both Canadians and Americans benefitting equally from such rules. The rules are based on "reciprocity". Clearly however, reciprocity is a fiction. Canadians rarely, if ever, go over to the American side to fish. Furthermore, whereas it seems easy for American guides to get work permits in Canada, numerous Canadian guides have told us that it is exceedingly difficult, or impossible, for Canadians to get work permits in order to guide on the American side of the border.

Clearly with respect to fishing on Rainy Lake and Lake of the Woods we have a problem. My office has been working on this for a while. Without going into the details let me say I think there are some things we can, and ought to do, in order to address the issue. I would however like to stop here and comment on another issue which fundamentally impedes my office's ability to address both the fishing issue and other important local issues - that is the lack of transparency on the part of both the provincial and federal governments who clearly believe they have little, if any, obligation to discuss these issues with those of us who have been elected to represent the local population. This is fundamentally contrary to the principles of democracy. It is unacceptable, and needs to change. Let me briefly explain.

Before going to Fort Frances, I had some initial discussions with the local provincial Ministry of Natural Resources (MNR) staff about talking to them while there. Clearly the province, in that they issue fishing licences, enforce fishing limits et cetera, plays a role in controlling fishing on our lakes, so talking to them about this issue seemed important. In these initial conversations with the department there was clearly a willingness to discuss issues of common concern. I dare to say that there seemed an eagerness to talk about these issues. MNR officers deal with these issues all day. I am sure they hear the same complaints that I do, and I am sure they have some suggestions as to what should change.

Unfortunately, we never met with MNR staff. It seems "management", my guess people in Toronto or Kenora, nixed our meeting with local staff. But to be fair to the province let me also acknowledge that the same thing happened when we (Fort Frances Mayor Hallikas and myself) wanted to talk to people working at the local Canada Border Services Agency about both the fishing issue and about the issue of the international bridge. This situation repeated itself again when Atikokan Mayor Ferguson and myself wanted to take pictures of the repairs that need to be done in the post office in Atikokan. On each of these occasions I got the distinct impression that local staff were not only willing, but eager, to talk to someone who could perhaps help to change things. The problem seems to be, on each occasion, that senior management was unwilling to allow that to happen.

The unwillingness of senior leaders to allow those lower down in their organization to talk to political representatives does not surprise me. I saw the same thing as a doctor working in the hospital. Doubtless the same goes for people working for the schools, police, highways, et cetera. Furthermore, there is at least at the federal level a rule: if you have an issue you talk to Ministry staff, and it is they who will perhaps talk to the department and on very rare occasions even arrange a "departmental briefing". 

This unwillingness to allow local officials to talk to political representatives is wrong. It fundamentally undermines the democratic process. One of the fundamental principles of the democratic process is that the unelected bureaucrats are held accountable to the elected officials who are in turn held accountable to you, the electorate, at the ballot box. Conventionally, this means that the departments are accountable to the elected Minister. However, in a country as big as Canada, or a province as big as Ontario, the Minister can not know details of regional problems and so I would suggest there is a fundamental democratic duty to allow local staff to discuss issues with the local political representatives. 

Clearly what happened with me last week was that people in Toronto and Ottawa made a decision. That decision was that they, the senior bureaucrats, know more about the problems in Northwestern Ontario than those of us who live here, who work here, and who were elected to represent the people here. This is wrong. This needs to change.

Yours sincerely,

Dr. Marcus Powlowski,

Member of Parliament for Thunder Bay-Rainy River