https://declassified.library.utoronto.ca/files/original/7ef1598b96bba911e9041b760b386965.pdf eb19e1d2e56d20be3d2fc9de8b92ba3f PDF Text Text D.L.(l)/J.J.McCardle/RB DEPARTMENT OF EXTERNAL AFFAIRS MEMORANDUM TO: ....F.ii?..?.9?.i5r.4M-^o 4iW^fV.,^^^ Af Security .§&Q8?£ Date.. Sapfcemhei:. 1$.,. .19.5.7. FROM: ....Dfifjencfi.laaisan. {.Ll. Divis.i REFERENCE: SUBJECT. File No. 50219-AM-40 ¥2. . At pra.ip..En.e.rjgy.. Con.fcr.qI.. kftgJkS\$%toRr-P.Q S§AWft.ItexifiMB. Wing Commander Cobus of the. Judge Advocate General's office called a meeting on September IS to consider in a preliminary way the possibility that amendments to Canadian legislation might be required to allow for the importation to and exportation from Canada of nuclear weapons, the storage on Canadian territory of nuclear weapons owned by another power and the use,of nuclear weapons in Canadian air space. Mr. Wood $nr7Eegal~ Division and I represented this Department and Fir. "arvis represented the Atomic Energy Control Board at the meeting. The memorandum of August 9 from the Chairman, Chiefs of Staff to the Judge Advocate General w a s the paper considered. 2. In due course the Judge Advocate General will be giving the CCOS a formal written opinion on the questions posed in the memorandum of August 9 and we will be given a copy of. this considered opinion. 3. The more important preliminary opinions which emerged from our meeting today were the following, (a) Current legislation would not seem to prohibit absolutely the bringing in to Canada of nuclear weapons. Legislation, however, does provide for controls to be exercised over such importation. Mr. Jarvis believed that under the Atomic Energy ' Control Act and Regulations, the Atomic Energy Control Board could issue orders which would clear the way for easy import of such nuclear weapons as might-be desired by the Minister of National Defence. It might, therefore, be necessary to issue A0027625 13-000170 �- 2 - SECRET additional orders under the Atomic Energy Control Act but it did not seem essential to provide for new legislation. (b) New legislation would probably be required, however, if it was desired that the Minister of National Defence rather than the Atomic Energy Control Board should be empowered to make appropriate orders and regulations to cover the points mentioned in paragraph (6) six of the CCOS's memorandum of August 9« * (c) There did not seem to be any apparent legal difficulty in Canadian legislation in allowing for continued ownership and control by another government of nuclear weapons stored in Canada. It was recognized that a policy question was involved. (d) It was- recognized that Canadian legislation other than^tomic Energy Control Act would have to be examined—namely, the Customs Act, the Export and Import Permits Act and possibly the Explosives Act. The Judge Advocate General's office will discuss the relevance of these Acts with the • Departments of National Revenue, Trade and Commerce, and Mines and Technical Surveys. (e) It was agreed that there were certain terms in the Chairman, Chiefs of Staff's memorandum of August 9 which might require further elaboration before a final opinion could be given by the Judge Advocate General. e Liaison (1) Division cc—Mr. Wood, Legal Division A0027625 14-000171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDNW00951 Title A name given to the resource Memorandum from Defence Liaison Division Date A point or period of time associated with an event in the lifecycle of the resource 18-Sep-57 Source A related resource from which the described resource is derived ÒAtomic weapons - Canadian policy,Ó RG25-A-3-b, vol. 5960, file 50219-AM-40, pt. 1.1, Library and Archives Canada (LAC). Creator An entity primarily responsible for making the resource Department of External Affairs Rights Information about rights held in and over the resource Canadian Crown Description An account of the resource Atomic Energy Control Legislation - Possible Revision Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en