I am attaching for your signature, if you approve, a memorandum to Cabinet which has been prepared in the Department of Labour. It recommends the introduction of a resolution in the House of Commons at the next session of Parliament to obtain the approval by Parliament of the above Convention, with a view to its ratification by Canada.

Convention No.105 was adopted by the International Labour Conference at its 40th Session in Geneva on June 25, 1957, with no dissenting votes and only one abstention. The four Canadian delegates, representing the Government, workers and employers, all voted for the Convention. Since that time, we have been advised that the Minister of Justice considers, for reasons set out on page 2 of the memorandum, that it would be appropriate for Canada to ratify this Convention.

As you will recall, a memorandum was previously submitted to Cabinet by the Minister of Labour and yourself on April 30 last, recommending the introduction of a resolution in Parliament to this effect. However, although the recommendation received the approval of the Cabinet Committee on Legislation, no final decision was taken on it by Cabinet at that time in view of the heavy legislative programme which had already been approved for the parliamentary session.

The attached memorandum makes the same recommendation as that previously submitted, but it has been drafted in more concise language. Mr.Starr proposes that it be put forward to Cabinet as a joint memorandum from the Minister of Labour and yourself.

In August of 1957, Mr.Jodoin, of the Canadian Labour Congress, wrote to the Prime Minister to urge that Canada ratify this Convention ¹¹⁰

N.A. R[OBERTSON]

PIÉCE JOINTE/ENCLOSURE

Note du ministre du Travail et du secrétaire d'État aux Affaires extérieures pour le Cabinet
Memorandum from Minister of Labour and Secretary of State for External Affairs to Cabinet

CABINER DOCUMENT NO.364-58 [Ottawa], December 5, 1958
CONFIDENTIAL

RATIFICATION OF I.L.O. CONVENTION 105 CONVENTION CONCERNING THE ABOLITION OF FORCED LABOUR

1. Under date of April 30, 1958, a Memorandum was submitted to Cabinet by the Minister of Labour and the Secretary of State for External Affairs recommending the introduction of a resolution in Parliament to approve Convention No.105 Concerning the Abolition of Forced Labour, which was adopted by the International Labour Conference at its 40th Session on June 25, 1957.

2. Although this recommendation received the approval of the Cabinet Committee on Legislation, no final decision was taken on it by the Cabinet at that time in view of the heavy legislative program which had already been approved for the parliamentary session.

3. It is considered that action should be taken at the coming session of Parliament to obtain the approval of Parliament to the ratification of this Convention.

4. The Convention obligates the member states of the International Labour Organization which ratify the Convention to suppress and not to make use of any form of forced or compulsory labour:

   1. as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;

   2. as a method of mobilizing and using labour for purposes of economic development;

   3. as a means of labour discipline;

   4. as a punishment for having participated in strikes;

   5. as a means of racial, social, national or religious discrimination.

5. Each member who ratifies the Convention undertakes to suppress and not to make use of any form of forced or compulsory labour, and to take effective measures to secure the abolition of forced or compulsory labour, as specified above.

6. The opinion of the Minister of Justice is that it would be appropriate for Canada to ratify this Convention, as indicated in a letter of January 28, 1958 from the Deputy Attorney-General of Canada to the Deputy Minister of Labour as follows:
   
   I have to refer to your letter of September 3rd last enclosing a copy of the authentic text of Convention No.105 concerning the abolition of forced labour, which was adopted by the Fortieth Session of the International Labour Conference in June, 1957, and to our subsequent conversations with regard thereto.
   
   In answer to your inquiry as to whether the subject matter of this Convention is wholly or only partially within federal legislative jurisdiction, Ihave to advise that the Minister of Justice is of opinion that the subject matter of the Convention is only partially within federal legislative jurisdiction.
   
   I have also to advise that the Minister of Justice is of opinion that it would be appropriate for Canada to ratify this Convention on the assumption that there is presently no provincial legislation which would be a breach of the Convention, which would appear to be a safe assumption, and on the assumption that, if any legislation that would be a breach of the Convention were ever enacted by a provincial legislature, it would be so contrary to the general views of the Canadian people that the Government of the day would feel entirely justified in exercising the power of disallowance.
   
   It would appear from the opinion of the Minister of Justice that no legislation is required to implement the provisions of the Convention.

7. The following member states of the International Labour Organization have already ratified this Convention, namely:
   
   Republic
   United Kingdom
   Austria
   Israel
   Cuba
   Jordan
   Denmark
   Norway
   Dominican Republic
   Poland
   Haiti
   Sweden
   Honduras
   Switzerland
   Ireland
   United Kingdom
   

8. There are strong reasons why Canada should ratify this Convention without further delay:

   1. The Convention is an effort by the International Labour Organization to carry out its essential aim of abolishing conditions of labour which involve injustice, hardship and privation to large numbers of people by the commitment of its member states to the elimination of such conditions. It is analogous to the international movement to abolish slavery. A convention which receives a large number of ratifications becomes a powerful force. Where ratification is secured, the procedure authorized by the I.L.O. Constitution makes it possible to maintain a constant moral pressure towards securing satisfactory compliance. However, the convention will not carry much force unless a substantial number of ratifications show general acceptance of its principles. The failure of Canada to ratify may be interpreted as a lack of serious interest in the universal abolition of forced labour which is the objective of this Convention.

   2. Another important reason for ratification is the importance the Convention has assumed in the struggle between ideologies. The U.S.S.R., since joining the I.L.O. in 1954, has attempted to set itself up at all times and in all respects as the champion of the worker. The question of forced labour brings up the fundamental relationship of the individual and the state as it impinges on the right of the individual in his working relationship. This is a point upon which the Western democracies have definite convictions which have great significance to the worker and which they should take every opportunity to assert.
      
      The U.S.S.R. Government representatives in Conference discussions of the subject matter of the Convention, with the knowledge that the proposed instruments were primarily directed against forced labour policies and practices which had been found to exist in the U.S.S.R. and its satellite countries by the Ad Hoc Committee on Forced Labour appointed jointly by the United Nations and the International Labour Organization, stated that the U.S.S.R. had abolished forced labour within its territories and given full support to the proposed instrument. A widespread ratification of the Convention will provide pressure on the U.S.S.R. and its satellite countries to ratify.

   3. The Canadian trade union movement, as well as the international free trade movement as a whole, has placed a great deal of emphasis upon this Convention. They regard its principles as fundamental and a necessary antecedent to freedom of association.

   4. This Convention was adopted by the 1957 I.L.O. Conference with no dissenting votes and only one abstention. The four Canadian delegates representing the Government, workers and employers voted for the Convention.

   Recommendation
   
   Having regard to the foregoing considerations, we recommend¹¹¹ that a resolution be introduced in the House of Commons at the coming session of Parliament as follows:
   
   That it is expedient that the Houses of Parliament do approve of Convention No.105, concerning the Abolition of Forced Labour which was adopted by the International Labour Conference at its 40th Session at Geneva on the 25th day of June, 1957, and that this House do approve the same.

MICHAEL STARR
minister of labour
SIDNEY E. SMITH
Secretary of state
for external affaires

¹¹⁰ Voir Canada, Recueil des traités, 1960, 21.
See Canada Treaty Series, 1960, No. 21. as soon as possible.

¹¹¹ Approuvé par le Cabinet le 9 avril 1959. La Chambre des communes a approuvé cette résolution le 19 mai 1959 et la convention a été ratifiée le 14 juillet 1959.
Approved by Cabinet on April 9, 1959. The House of Commons approved this resolution on May 19, 1959 and the Convention was ratified on July 14, 1959.