342.1121/88

The Chargé in Canada (Baldwin) to the Secretary of State

No. 93

Sir: I have the honor to refer to the Department’s instruction No. 789 of June 19, 1935,62 (no file number indicated) relative to the desire to publish the existing arrangement between the United States and Canada with respect to visits of consular officers of either country to citizens of their own countries serving sentences in penal institutions, on application to the wardens thereof.

The Canadian Department of Justice has stated that Regulation No. 131, in revised form, copy of which is transmitted herewith, is the essential document insofar as Canada is concerned.

As to the channel of communication, the Canadian Superintendent of Penitentiaries confirms the understanding expressed in paragraph seven of Note No. 523 of July 29, 1935, from Mr. Boal, Chargé d’Affaires, to the Canadian Department of External Affairs, copy of which is also enclosed.

I have also been informed that the Canadian Government has no objection to printing the circular in its revised form, but that Dr. Skelton’s letter of April 27, 1935,62 should be replaced in view of the revision of the Regulation by Note No. 106 of September 19th. (Copy enclosed.)

Respectfully yours,

La Verne Baldwin
[Enclosure 1]

The American Chargé (Boal) to the Canadian Prime Minister and Secretary of State for External Affairs (Bennett)

No. 523

Sir: I have the honor to refer to Dr. Skelton’s63 informal note of April 27, 1935, … in which Dr. Skelton stated that “the reciprocal understanding arrived at in 1934 between Canada and the United [Page 59] States of America to permit Consular representatives of either country, upon application to the wardens of penal institutions, to visit citizens of their own country serving sentences in such institutions still obtains”.

In this connection I transmit herewith enclosed for your information copy of a letter dated June 7, 1934, from the Acting Attorney General of the United States to the Secretary of State of the United States64 regarding the rule in existence governing the visits of consular officers to Federal penal institutions in the United States.

In this connection I also wish to refer to circular letter No. 174, dated September 19, 1933, from the Office of the Superintendent of Penitentiaries,65 entitled “Convicts in Penitentiaries Who Are Citizens of Foreign Countries”, and which deals with the question of visits to such convicts by the consular representative of the country of which the convict claims to be a citizen.

It would appear to my Government that “the reciprocal understanding arrived at in 1934” referred to by Dr. Skelton has reference to the correspondence above mentioned.

In compliance with instructions from my Government, therefore, I have the honor to inquire whether this understanding on the part of the Government of the United States is correct, and whether the Canadian Government will grant permission that its note of April 27, 1935, above referred to and the circular letter of September 19, 1933, may be printed.

This confirmation of the understanding is considered necessary by the Secretary of State in order that it may be included in the Department’s Executive Agreement Series.66

With reference to circular letter No. 174 of September 19, 1933, to which reference is made above, it is observed that wardens are required to transmit applications from American consular officers to visit prisoners to the Superintendent of Prisons at Ottawa. It is, however, my understanding that the appropriate Canadian authorities are now agreeable to permitting direct communication between the American consul and the warden concerned but that the warden may refer the consul’s communications to higher authority before replying, should this be deemed advisable. As some uncertainty exists as to the practice actually followed by the wardens of penitentiaries in Canada with respect to requests of American consular officers to interview American prisoners, I have the honor to request to be informed whether my understanding of the actual practice obtaining today as set forth above is correct.

I avail myself [etc.]

Pierre de L. Boal
[Page 60]
[Enclosure 2]

The Canadian Prime Minister and Secretary of State for External Affairs (Bennett) to the American Minister (Armour)

No. 106

Sir: I have the honour to refer to Mr. Boal’s Note No. 523, dated the 29th July, 1935, with reference to the reciprocal understanding arrived at in 1934, between Canada and the United States, to permit Consular representatives of either Country, on application to the Wardens of penal institutions, to visit citizens of their own Countries serving sentences in such institutions.

The Department of Justice has informed me that the essential document, in so far as this Country is concerned, is Regulation No. 131, in its revised form, a copy of which is transmitted herewith for your information.68

With regard to the questions concerning the channel of communication, dealt with in the seventh paragraph of your note, the Superintendent of Penitentiaries has confirmed your understanding of the actual practice obtaining today, as set forth therein.

Accept [etc.]

O. D. Skelton

For Secretary of State for External Affairs
[Subenclosure]

Circular Letter No. 17 From the Superintendent of Canadian Penitentiaries to the Wardens of All Penitentiaries in Canada

Re—Penitentiary Regulations, 1933/131.

Re—Visits to Convicts by Consular Agents, U. S. A.

1. The following regulation has been approved by the Honourable the Minister of Justice and will come into effect upon the receipt of this communication:

“131. Whereas reciprocal arrangements have been agreed upon with the United States of America, whenever it has been determined to the satisfaction of the Warden that a convict is a citizen of the United States of America, visits by the Consular Representative of that country, or other duly accredited delegates, having legitimate business with such convict, shall be permitted by the Warden, at reasonable hours. This privilege shall not be withheld even though the convict is undergoing punishment by solitary confinement, or under other disciplinary control.”

D. M. Ormond
  1. Not printed.
  2. Not printed.
  3. Canadian Under Secretary of State for External Affairs.
  4. Ante, p. 57.
  5. Not printed.
  6. Correspondence relating to this understanding was not printed in the Department of State Executive Agreement Series.
  7. See subenclosure, infra.