The mysterious disappearance of HMS Erebus and HMS Terror while searching for the Northwest Passage under the leadership of Sir John Franklin in the 1840s led to more than thirty different expeditions seeking to find the lost ships and their 129-man crews. It also fostered the first and only use of wild animals as a means of communication in such a rescue operation. Since covering the vast search areas was challenging, if not impossible during sub-freezing winter conditions, some of the would-be rescuers turned to Arctic foxes as couriers of information that they hoped might direct the lost explorers to safety. Based on excerpts from the participants’ diaries and published reports from the period, and on the physical evidence that survives, this paper describes the role Arctic foxes were asked to play in one of the greatest (unsuccessful) rescue efforts ever undertaken in the Far North.

In 1866, Charles F. Hall recorded testimony from a Pelly Bay native named Sŭ-pung-er who reported that together with his uncle, they had visited the Northwest coast of King William Island 4 years prior in search of materials abandoned by the Franklin Expedition. Sŭ-pung-er told Hall that he had identified a site which Hall believed was a “vault” which might contain documents and speculated that it could have been a burial site for a high-ranking officer. Sŭ-pung-er’s testimony also included the description of a wooden “pillar, stick or post” which marked the spot of the vault. The location of this site and the pillar have never been found. Yet they remain sought-after for both their significance and the potential bonanza of information about the expedition. Any clue or artefact, which could provide clarity for this site, is therefore of great value. This paper describes a model of the pillar seen on King Williams Island, replicated by Sŭ-pung-er, which Hall brought back from the Arctic and included in his list of Franklin relics. The model, now housed in the Smithsonian Museum of American History, was first featured in a drawing of relics appearing in 1869 in Harper’s Weekly magazine. The fact that this artefact has been in plain sight for so long, but unrecognised for what it is, is significant. The pillar model both provides clarity and continues the mystery surrounding the Franklin Expedition.

Canada has long claimed the Northwest Passage as its “internal waters,” while the United States and other countries argue it is an “international strait.” The latter “free sea” position originates in Hugo Grotius, often styled the “father of international law.” However, Grotius later qualifies his own position by granting to coastal states the right to regulate maritime traffic. Grotius's works also inspire the English School of International Relations: an “international society” approach that Canada has historically followed in its overall foreign policy. Hence, a twenty-first-century Grotian vision might suggest a compromise amenable to Canada: Canada would grant passage to conforming American vessels, thus facilitating international trade, but Canada would also gain powers of effective jurisdiction, allowing it to secure and conserve the fragile environment. Canada might thus re-envision sovereignty not as a zero-sum contest for status symbols but as the exercise of functional jurisdiction for the common good of international society.

The legal status of the Northwest Passage (NWP) has been the subject of much debate in academic, government, and media circles. To date, much of this discussion has centred on the legal regime governing maritime navigation. However, the question of whether the NWP is subject to guaranteed freedoms or Canada’s unqualified sovereign control also involves the right of overflight. This article investigates the circumstances that led to the inclusion of the freedom of overflight in Part III of the United Nations Convention on the Law of the Sea. It then highlights some of the legal standards that would govern air navigation if the NWP were to be considered an international strait.