Present:
The Prime Minister (Mr. Diefenbaker) in the Chair,
The Minister of Public Works
and Acting Minister of Defence Production (Mr. Green),
The Minister of Finance (Mr. Fleming),
The Minister of Veterans Affairs (Mr. Brooks),
The Minister of Transport (Mr. Hees),
The Solicitor General (Mr. Balcer),
The Minister of National Defence (Mr. Pearkes),
The Minister of Trade and Commerce (Mr. Churchill),
The Minister of Justice (Mr. Fulton),
The Minister of National Revenue (Mr. Nowlan),
The Minister of Agriculture (Mr. Harkness),
The Minister of Labour (Mr. Starr),
The Minister without Portfolio (Mr. Browne),
The Minister of Mines and Technical Surveys (Mr. Comtois),
The Minister of National Health and Welfare (Mr. Monteith),
The Minister of Northern Affairs and National Resources (Mr. Alvin Hamilton).
The Secretary to the Cabinet (Mr. Bryce),
The Assistant Secretaries to the Cabinet (Mr. Fournier), (Mr. Martin).

POLISH ART TREASURES

4. The Prime Minister reported that the Chargé d'Affaires of the Polish Legation had asked to see him that afternoon to discuss the question of Polish art treasures now held in Canada. He thought the general feeling was that Canada should restore part of the treasures. This would certainly result in an improvement of relations with Poland. The major part of the treasures were in the Quebec Museum in Quebec City and out of the control of the Federal government. There were, however, two trunks stored in the Bank of Montreal in Ottawa. The treasures were said to include a mace, sceptre and other symbols of past regal authority in Poland. There had been two co-depositors of these trunks, a Mr.  Zaleski, who had returned to Poland where he later died, and a Mr. Polkowski who was living in Ottawa. The Polish authorities have secured from the heirs of Mr. Zaleski a document disclaiming any personal interest in any of the treasures, in as much as Mr. Zaleski was acting as a custodian employed by the Polish state. The Bank of Montreal had said that provided Mr. Polkowski would be ready to sign a release, the bank would be ready to release the treasures if the documents met with its approval. There was some doubt, however, that Polkowski would sign the release, since he was thought to be under the influence of the former royal government in exile, which for reasons of prestige was opposed to the return of the treasures to Poland. The bank, on the other hand, had indicated that they would be ready to release the treasures provided the Canadian government agreed to indemnify the bank against loss, claim, or expense which it might suffer by reason of such action.

There was a possibility that, unless the government was willing to take some action concerning these trunks, Poland would bring up the matter at the United Nations. The Catholic Church in Poland was said to support the proposal that the treasures be returned.

5. During the discussion the following points were raised:

1. Since the war, the Canadian government had taken the position that the dispute was one between the Polish government and its own citizens, that Canada had assumed no responsibility for the treasures, and that the present government of Poland could have recourse to the Canadian courts if it so wished. It might be suggested to the Polish representative that he take up this matter with the Bank of Montreal, and if the bank were not willing to give up the treasures, the matter should be referred to the courts. On the other hand, the Polish government regarded it as humiliating that it should go to the courts.
2. There was no question that the Canadian government recognized the present government of Poland. It might, therefore, be argued that the treasures, being the property of the State of Poland, should be returned to Poland. On the other hand, it seemed clear that the Canadian government had no authority to take any disputed property and deliver it to the one it might think was the rightful owner.

6. The Cabinet noted with approval that the Prime Minister proposed, in his discussion of the Polish art treasures with the Chargé d'Affaires of the Polish Legation, to indicate that the Canadian government preferred that the Polish government should secure the release of the treasure deposited with the Bank of Montreal by action in the courts, rather than by the intervention of the government of Canada.