The procedure in cases of crimes committed against Canadian personnel was discussed at length between Canada House, the Dominions Office, and the British and Canadian Judge Advocate Generals. The situation briefly is the following:

(a) Canada relinquishes all jurisdiction over pending cases in which Canada and the United Kingdom have a joint interest; such cases are handed over completely to the United Kingdom authorities;

(b) The right of approval of listing with the Commission of persons accused of war crimes against Canadians only, is retained in the following form:

(1) Before proceeding to advise the Convening Officer in relation to the trial of a war crime involving only Canadian victims, the British Judge Advocate General submits to the High Commissioner a draft of the proposed charge, together with a copy of the evidence which it is proposed to adduce at the trial, and the High Commissioner's comments are invited thereon.

(2) A copy of the final advice minute addressed to the Convening Officer will be forwarded to the High Commissioner. This advice minute will draw the attention of the Convening Officer to his powers of appointing a Canadian officer as a member of the Court.

In practice, the procedure seems to be the following:

(a) The British Judge Advocate General informs the High Commissioner of a case, and submits documents for approval;

(b) These documents are referred to the representative of the Canadian Judge Advocate General, Brigadier H.D. Graham, and also, although this is not indicated in any of our files on the subject, to the Senior Liaison Officer of the Service concerned;

(c) After these comments have been returned to the High Commissioner, he sends his approval to the British Judge Advocate General, who despatches a final advice minute regarding the trial to the General Officer Commanding-in-Chief, British Army.

It has already been agreed that the transcripts should not be referred to Ottawa, in order to avoid the long delay involved, and that the High Commissioner should give the necessary approval.

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