342.1121/88
The Chargé in Canada (Baldwin) to the Secretary of
State
No. 93
Ottawa, September 24, 1935.
[Received
September 30.]
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,
[Enclosure 1]
The American Chargé (Boal) to the Canadian Prime Minister and Secretary
of State for External Affairs (Bennett)
No. 523
Ottawa, July 29, 1935.
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.]
[Page 60]
[Enclosure 2]
The Canadian Prime Minister and Secretary of
State for External Affairs (Bennett) to the American Minister (Armour)
No. 106
Ottawa, September 19, 1935.
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
Ottawa, February 21, 1934.
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.”
