811.203/341
The Acting Secretary of State to the Chargé in Canada (Clark)
Sir: Reference is made to the Minister’s letter of October 5, 1943 to Mr. Hickerson reporting a conversation with the Canadian Minister of Justice, Mr. St. Laurent, concerning jurisdiction over our armed forces in Canada, in the course of which he indicated that the Canadian Government did not plan to take any further action in the matter unless pressed to do so by this Government.
As you are aware, this Government has taken the position that it has the right under international law to exclusive jurisdiction over offenses committed by members of its armed forces in Canada. The Canadian Government agreed with that position in the recent reference of certain questions concerning jurisdiction to the Supreme Court of Canada. While the Court was divided in its views concerning our right to such jurisdiction under Canadian law it did not deny that we have such right under international law and it was unanimously of the opinion that any infirmities in the law of Canada on the subject could be cured by Governmental action.
While the Minister of Justice has been able in certain cases which have been brought to his attention to obtain acquiescence of local prosecuting authorities in the exercise of jurisdiction by service courts over offenses committed by members of our armed forces in Canada in several other cases which have come to the Department’s attention jurisdiction was exercised by the local authorities. In still another case which is now pending in Edmonton, Alberta, the Department is informed that although jurisdiction is being exercised by our service authorities the action taken by them is being influenced by requests of the local authorities. But even though the Canadian Government may be able to obtain the acquiescence of the local authorities to the exercise of jurisdiction by our service authorities in all cases which may arise the Department does not consider that it should be necessary in every case in which a member of the armed forces of the United States in Canada is charged with an offense to make the matter the subject of diplomatic procedure.
For the reasons indicated this Government feels that its right to exclusive jurisdiction over offenses with which members of its forces in Canada may be charged should be formally recognized by the Canadian Government and you are requested to take appropriate action to obtain such recognition.
Very truly yours,