A river that is a border

The crossing takes a few minutes and changes the law that applies to you. Nothing about the crossing tells you so.

3 min read

The river runs through the middle of where I live and work, and on the far bank is another province. Not a distant one. A different legal tradition, a different default language, a different set of statutory holidays, a different holder of the records that say whether a company exists.

The bridge takes a few minutes. Nothing about the few minutes announces any of that. The buildings on the other side look like the buildings on this side. The traffic behaves the same way. People cross for work in the morning and back in the evening in both directions and, as far as I can tell, think about the border roughly as often as they think about a street changing name.

Then somebody has a business, and the river turns out to have been a wall the entire time.

What a soft border shows you

I run engagements from Ottawa for clients in other provinces, so I meet this in its administrative form rather than its scenic one. And the useful thing about a border this soft is that it separates two layers you normally cannot see apart.

There is a cultural layer, which really is continuous here. The same industries, the same weather, the same commute, families on both sides of the water, a large number of people whose working life crosses daily.

And there is an administrative layer, which is not continuous at all. Registers, filings, the rules a private contract falls back on when it is silent, which body you deal with about payroll. On a national map the province looks like a region. In a filing cabinet it behaves like a country.

Hard borders confuse those layers, because a hard border usually comes with a different language, a different landscape, an actual queue. You cannot tell which of the differences is doing the work. Here you can. Everything cultural stays the same across a five minute crossing and everything administrative changes at once, which is about as close to a controlled experiment as ordinary life offers.

Where I had it wrong

For years I took that as evidence that the administrative layer was the shallow one. Bureaucratic overlay on a continuous human region. Real life underneath, paperwork on top.

That is not right, and the reason it is not right is time.

Rules select behaviour. If two jurisdictions treat the same arrangement differently for long enough, businesses form differently on each side, people take different kinds of risk, and different industries end up plausible in each place. Give it decades and the administrative border has manufactured a cultural one. The paperwork is not sitting on top of the region. It has been slowly shaping it, in a direction nobody chose, through millions of small decisions that each looked like an ordinary response to the rules in front of them.

Which means the crossing that feels like nothing is not evidence that the border is thin. It is evidence that the border does its work slowly, somewhere you are not looking.

The border decides who has to choose a language

The part I still find strange is linguistic rather than legal. There is a default language on each bank, and both banks are full of people who hold both. So the border does not decide who speaks what. It decides who has to choose.

You can watch somebody make that choice in the first two seconds of a phone call. They almost never remember making it.

All essays