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Volume #12 - 562. | |
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CHAPTER VIII UNITED NATIONS | |
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PART
6 MISCELLANEOUS | |
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SECTION
D LEGISLATION WITH RESPECT TO ARTICLE 41 OF CHARTER | |
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562. |
DEA/5475-40 |
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Memorandum from Under-Secretary of State for External Affairs to Secretary of State for External Affairs | |
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Ottawa,
November 13th, 1946 | |
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RE: CANADIAN LEGISLATION TO GIVE EFFECT TO ARTICLE 41 OF THE UNITED NATIONS CHARTER | |
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1. The United Kingdom Parliament in April 1946 passed the United Nations Act, 1946 which in effect authorized the United Kingdom Government to discharge its responsibilities under Article 41 of the Charter by the passing of appropriate Orders in Council. A copy of the Act is annexed Article 41 of the Charter states that the Security Council may call upon the Members of the United Nations to apply measures not involving the use of armed force to give effect to its decisions. "These may include complete or partial interruption of economic relations by rail, sea, air, postal, telegraphic radio and other means of communication, and the severance of diplomatic relations". 2.. The King, upon the advice of his Canadian Ministers, may sever diplomatic relations with any state. However, while it is within the Royal Prerogative to sever diplomatic relations, the Prerogative could not be regarded as extending to the interruption of economic relations with another state pursuant to a decision of the Security Council. It seems, therefore, that legislation would be required before measures of this nature could be properly taken, and that the Canadian Parliament is competent to enact such legislation. The Deputy Minister of Justice in May, 1946, concurred in this view. Following World War I, the Canadian Parliament passed the "Treaty of Peace Act, 1919" which provided that the Governor in Council could make such Orders in Council and do such things as appeared to him to be necessary for carrying out the treaties of peace including the Covenant of the League of Nations, but no such Canadian legislation exists with respect to the Charter of the United Nations. There is little likelihood of sanctions being imposed against any state by the Security Council in the near future. It seems, however, to be desirable that the Government should have power to give immediate effect to any action demanded by the Security Council under this article, since we are bound by the Charter to do so, and delay while awaiting the passage of special legislation by Parliament would be bard to explain in a time of crisis. In July, 1946, Mr. N. A. Robertson raised in Cabinet the question of introducing a bill. He left a note on file stating "Cabinet have decided not to introduce legislation this session". It seems to me that such a bill should be introduced. If you agree, I assume that you will raise the matter in Cabinet./ L. B. PEARSON 1Une représentation permanente aux Nations Unies n'a été établie que le t" janvier 1948 lorsque le général A. G. L. McNaughton a été nommé délégué permanent aux Nations Unies. | |
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