The Cabinet considered the question of the Extradition Treaty with the United States at a recent meeting and directed that steps be taken to revise it. After discussion with the Legal Division and Mr. Read, it has been agreed that we will have to start all over again and put forward proposals for important amendments, the chief one being the inclusion of the principle of dual criminality. Mr. Audette is preparing for an inter-Departmental meeting and Mr. Read feels that this should be followed by consultation with the Provincial authorities.

The Legal Division has asked the Third Political Division to handle the correspondence with the United States Government and I attach a teletype to Washington instructing them to let the State Department know informally what we are doing. Although the State Department will undoubtedly have had reports from their Embassy here about the External Affairs Committee report,' we have not communicated with them since the report was brought in and it seems advisable to tell them the subject is under active consideration.

R. M[ACDONNELL]

[PIECE JOINTE/ENCLOSURE]

Le secrétaire d'état aux Affaires extérieures a l'ambassadeur aux États-Unis Secretary of State for External Affairs to Ambassador in United States

TELEGRAM EX-797

Ottawa, March 18, 1946

Your despatch No. 359 of February 16tht and previous correspondence concerning the Extradition Treaty.

You will recall that a report on this question was made to the House of Commons by its Standing Committee on External Affairs at the last Session of Parliament. The Committee reported as follows:

"Your Committee is, however, of the opinion that the Government should consider the advisability of clarifying the Extradition Act in general, and in particular with respect to sub-sections 26, 31 and 32 of Article III, Article IX and Article XII of the Treaty and of Section I of the Protocol in accordance with evidence adduced before the Committee.

Your Committee further recommends that the Treaty and Protocol thereto be reconsidered."

In view of this report, it is the opinion of the Canadian authorities concerned that further discussions will have to be undertaken with the United States authorities. Please advise the latter informally to this effect and let them know that steps are under way to have the problem considered by the interested Departments of the Canadian Government. Consultation with Provincial authorities will then be necessary, after which it is hoped that proposals for revising the Treaty and Protocol can be submitted to the United States.