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DCER : Volume #14 - 789.DEA/5908-C-40 : RE REQUEST OF MRS. MEYER TO VISIT HER HUSBAND AT DORCHESTER PENITENTIARY

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Volume #14 - 789.

CHAPITRE IX

IMMIGRATION

PREMIÈRE PARTIE

CONTRÔLES DE SORTIE ET D'ENTRÉE

SECTION E

DEMANDE A RENDRE VISITE A KURT MEYER

789.

DEA/5908-C-40

Note du sous-secrétaire d'État aux Affaires extérieures
pour le secrétaire d'État aux Affaires extérieures

SECRET

Ottawa, le 19 mai 1948

RE REQUEST OF MRS. MEYER TO VISIT HER HUSBAND AT DORCHESTER PENITENTIARY

General-Major of Waffen-SS Kurt Meyer was convicted and sentenced by a Canadian Military Court, pursuant to the War Crimes Regulations (Canada) passed by virtue of the "Act respecting War Crimes" (Chapter 73 of the Statutes of Canada, 1946). The Court's sentence of death was commuted to one of life imprisonment and the accused was transferred to Dorchester penitentiary in New Brunswick where he is serving his sentence.

2. Kurt Meyer has made application to the Commissioner of Penitentiaries, through the Warden of Dorchester penitentiary, requesting that his wife be permitted to come to Canada, at her own expense, in order to pay him a temporary visit. Attached, marked "A", is a letter received from the Department of Justice enclosing a copy of this application.†

3. Mrs. Kurt Meyer has made her own application to the Canadian Government, through the Canadian Military Mission in Berlin, for permission to make a temporary visit to Canada for the purpose of seeing her husband. She asks for permission to pay only a short visit with her husband and is willing to abide by all the restrictions that might be imposed upon her. With her application she also encloses an affidavit by Mr. Lichtenberg of Moncton, N.B., a distant relative of hers, according to which Mr. Lichtenberg undertakes to pay all expenses and assume the responsibility in connection with her visit. Attached, marked "B", is a despatch from the Canadian Military Mission enclosing Mrs. Meyer's application and Mr. Lichtenberg's affidavit.†

4. The Consular Division has expressed the view that, under existing Canadian Immigration Regulations, enemy aliens are not allowed to enter Canada even for the purpose of a temporary visit. Consequently, Kurt Meyer's wife, being a German citizen, could not enter Canada. That Division also points out that, in view of the objection raised in some quarters of Canada at the time of the commutation of Kurt Meyer's sentence from death to life imprisonment, it may not be politically expedient to comply with the request of Mrs. Meyer to visit her husband at this time.

5. Although existing Canadian legislation prohibits the entry of enemy aliens into Canada, there have been some persons who were, technically, enemy aliens and who have been admitted, the law being waived in their favour because they were able to show that they actively supported the Allied cause during the war.

6. The majority of international war criminals, who have been convicted by military tribunals, have been imprisoned in Germany, and I understand that they are allowed to see their immediate relatives and friends from time to time. It seems that the reason Mrs. Meyer has not been able to see her husband is due to the fact that he has been imprisoned in Canada rather than in Germany. By permitting Mrs. Meyer to visit him in Canada, the government would not be giving him treatment any more favourable than that accorded to international war prisoners serving their sentences in Germany. In fact, such treatment would be less favoirrable considering that he would be able to see her only during her brief visit to this country.

7. There does not seem to be any doubt that the present application is deserving of consideration on compassionate grounds in view of the failing health of Mrs. Meyer, which apparently has been caused mainly by the separation from her husband and her anxiety to have her husband see their three year old son whom he has only seen once before for a period of about fifteen minutes. There are four other children in the family.

8. In view of the fact that hostilities ceased some three years ago and that the sentence which Kurt Meyer is serving will confine him to prison for the remainder of his life, and also taking into consideration the failing health of Mrs. Kurt Meyer, it seems that this request is deserving of consideration on compassionate grounds. In fact, it may be considered in the larger field of fundamental human rights, the recognition of which is of concern to the Canadian Government.

9. The decision with respect to this request is fundamentally a political decision. For this reason you may wish to consult with your colleagues in the Cabinet concerning this matter.16

L.B. P[EARSON]


16Note marginale :/Marginal note:
We cannot acquiesce in granting of a visa to a person of enemy nationality. St. L[aurent]
Le Cabinet confirma cette opinion le 2 juin.
Cabinet confirmed this view on June 2.



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