https://declassified.library.utoronto.ca/files/original/7e4dfaee43f9b76559bf6aa72580fdae.pdf b41a4e657427fd88be1b741e6c8040c9 PDF Text Text l^C «Ti Jk h -xiU F&Tu^jFxjtJ |3-V| Faf' r\ri , \J* t**~fc**'4 c?o-2?-7flA-\ 7<0.0?« F.L.Q. Kidnapping of U.K. Trade Commissioner General: *>—lv Non-compliance with the request to take the prisoners to Cuba or Algeria involves the international responsibility of the Canadian ,y X Government to protect the persons of diplomats in its territory. This obligation is spelled out in the Vienna Convention on Consular Relations, Article AO, which reads: "The receiving state shall ... take all appropriate steps to prevent any attack on their person, freedom or dignity." • _2 •y It follows that the receiving state has a responsibility to mitigate any consequences of not having fulfilled this obligation. The British Government might blame the Canadian Government for not taking the appropriate ,2 measures of protection given the political situation in Quebec. '••: Although Canada is not yet a party to the Vienna Convention on Consular Relations .. •••• : i t r e p r e s e n t s g e n e r a l p r i n c i p l e s of i n t e r n a t i o n a l law which we f o l l o w . ,, -f .»., yeA-**(2l • ' . ,y . y. - 2 Point •' 0 ? ' * A o^-F-..L.Q. -'•"'"' ' ^ Denarxi: O E O , x A:L > , -. 7 7 7 - p.L . Fx L - 2 . J , %„ • . fO-. Pt^T^A^FM^^M B I cru. [,>, -,: -2--PPX.. -... .... ggrr*. ;,',.,.. Compliance with the request of the F.L.Q. for an aircraft to tA • transport the F.L.Q. members might imply that we have made some arrangement with Cuba or Algeria because their demand embodies such a request. We already have an extradition agreement with Cuba but none with Algeria. The extradition J •• a . agreement with Cuba specifies that extradition will be granted for kidnapping (Section 2, Article 7 ) . But Section 6 provides that "a fugitive criminal shall not be surrendered if the offence in respect of which his surrender ... s. 000533 �m - 2 - is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character". The question remains whether the Cubans would consider members of the F.L.Q. (either prisoners or kidnappers of diplomats) as political fugitives or as common law criminals. Aside from the extradition agreement we would probably require an agreement for return of the aircraft and crew to Canada and we might wish to obtain a secret agreement with Cuba concerning the eventual return of the F.L.Q. members. If the Cubans refuse to enter into an agreement with Canada on this matter, the only recourse left to Canada will be the provisions of the extradition treaty. It does not appear that this matter could be considered as a hijacking question and in any event we have not yet reached even the initial stages of an agreement with Cuba on hijacking of aircraft. Reaching an agreement with the Algerian authorities could involve the same considerations but because we do not have an extradition treaty with Algeria, we would not have the same legal umbrella under which to negotiate. If Cuba or Algeria decided to accord political asylum to the F.L.Q. members we would be unable to obtain their return buL we should still seek the return of the aircraft and crew and we might request that the Cuban or Algerian Governments restrict the political activities of the F.L.Q. members in their countries. 000534 � 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 CDTF00011 Title A name given to the resource FLQ Kidnapping of UK Trade Commissioner Date A point or period of time associated with an event in the lifecycle of the resource 7-Oct-70 Source A related resource from which the described resource is derived Political Affairs - Internal Security - Task Force on Kidnapping - Policy, RG25, vol. 25741, 20-22-TFK-1, part 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 Subject The topic of the resource October Crisis, TFK Description An account of the resource Legal Brief Prepared by Mr Demeres 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