IBANet.org quotes Toronto lawyer Kevin O’Callaghan in an article on the Northwest Passage.
Kevin O’Callaghan, a partner at Fasken and leader of the firm’s Indigenous Law practice, believes the Northwest Passage is unlikely to be considered an international strait, “given the relatively infrequent number of transits on the record, and the fact that most countries still seek consent from Canada prior to passage. The Northwest Passage also does not meet the functional test from the Corfu Channel case, which is used to determine international navigation.”
