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DCER : Volume #14 - 780.DEA/939-C-40 :

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Volume #14 - 780.

CHAPITRE IX

IMMIGRATION

PREMIÈRE PARTIE

CONTRÔLES DE SORTIE ET D'ENTRÉE

SECTION C

READMISSION DE CANADIENS AYANT SERVI DANS DES FORCES ARMÉES ENNEMIES DURANT LA DEUXIÈME GUERRE MONDIALE

780.

DEA/939-C-40

Le secrétaire d'État aux Affaires extérieures
aux chefs de poste a l'étranger

CIRCULAR DOCUMENT No. B.4

Ottawa, le 8 janvier 1948

Sir,

The question of the admissibility to Canada of persons who served during the last war in the armed forces of His Majesty's enemies, has recently been under examination at a high level. Consideration is now being given to the legislative changes that may be necessary in connection with the procedure required for the revocation of citizenship of such persons, both Canadian-born and naturalized.

2. Meanwhile I wish to inform you that the following decisions have been reached with regard to applications from persons who served in enemy forces:

(a) The re-entry of Canadian citizens by birth and naturalization is not to be facilitated and they are not to be advised that they are admissible to Canada as a matter of right. Final action to be taken on this class is under review and further instructions will be issued in due course.

(b) Persons who possessed Canadian domicile and served in the Armed Forces of His Majesty's enemies during the war are to be considered as having relinquished domicile by such action.

(c) Immigrants who are citizens of Finland, Hungary, Italy and Roumania, who served in the Armed Forces of their own country during the war are not to be refused admission to Canada on account of such service unless recorded in the official list of war criminals.

(d) Immigrants of neutral or allied nationality who have served in the Armed Forces of His Majesty's enemies are to be refused admission irnless they can establish that such service was rendered under physical compulsion.

3. These decisions will be incorporated in the next supplement to "Instructions to Canadian Visa Officers".

4. It should be borne in mind that persons who are not Canadian citizens or who do not possess Canadian domicile may not enter Canada as a matter of right. The Orders-in-Council recently made under the Immigration Act do not confer a right of admission upon the classes named in them, but merely define the groups or individuals who may be admitted. The terms of the Act itself and of previous Ordersin-Council, save insofar as they may be revoked or modified, must still be applied to each application.

5. The first two decisions cited above call for no comment. The third decisicn should be read in conjunction with P.C. 2908 which applies to those ex-enemy countries with which Canada has concluded treaties of peace. Applications coming within the scope of the fourth decision will in the first instance be refused, but the applicant may appeal and submit evidence of physical compulsion for the consideration of the Immigration authorities.

I have, etc.
LESLIE CHANCE
for Secretary of State for External Affairs



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