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C r o s s K i d n a p p i n g - f e d e r a l n e g o t i a t i n g p o s i t i o n 2. . r&lt;Ov«.
and m e c h a n i c s f o r t h e r e l e a s e
/
This memorandum outlines the bargaining position
which could be adopted by the Canadian government with the
kidnappers on Various issues they have raised.

It makes

recommendations as to what the final, maximum package
might be which we could, offer to the kidnappers if necessary
It describes how the negotiations could be handled
on the government side.

Finally an annex deals with

the alternative sets of mechanics for the actual
release of Mr, Cross.
The proposals hereunder are predicated on
the assumption that the government's final position
would involve the safe passage of the abductors,
and possibly some members of their families, to a
country which would accept them.

There is

reason to believe that Cuba would.

000666

�ffe examine below the issues one by one starting with the
least difficult ones:
(a) Lapalme workers. - it seems that this was a propaganda issue
for the FLQ. Now that it has been exploited they can be expected
to drop it quietly, especially as therejkre now talks going on between
which
the government and the union (for/the FLQ may claim some credit).
Our negotiator shoud therefore ignore this issue. Only if the FLQ
veere adamant about it and if it became the last obstacle to an agreed
settlement vrould it be submitted to the government for reconsideration;
(b) Denunciation of the informer. - Even if there was an informer
to reaeal his identity vrould be to expose him to assassination
by the FLQ.

This is a moral responsibility the government could

not accept, quite apart from the other obvious drawbacks.

The

government negotiator should therefore deny that there is an informer
and categorically exclude any concession on this point;
(c) the Money.- our negotiator vrould refuse to discuss any ransom
m&amp;ney.

To pay ransom would be to submit openly to blackmail.

However, in subsequent discussions of the FLQ demands, it could be
indicated that the g overnment would recognize, in the concept of a
statement involving the kidnappers to another country, that they vrould
have certain transitional expenses to meet.
when prospect of an agreement on the

This could be broached*

kidnappers abroad appeared good.

Tie sums involved should be modest and cover perhaps six months expenses
in a hotel, with variations to take account of the possible departure
of kidnappers'families.

If the Canadian Government agreed to reimburse*

Cuba for the cost of an aircraft, this could be another indirect Canadian
Government financial contribution to Mr. Cross's safety - the funds
for the kidnappers upkeep would not be paid in gold.

They could be

�- 2 'turned over to the Cuban Mission, on the aircraft, or upon arrival in Cuba.
(d) Publicity. - our initial position would be that any publicity
during the whole operation should be excluded.

For one thing, arrangements

could be destructive by excessive interest on the part of the press
and the public. For another, the security of Mr. Cross in the first
part of the arrangements and of the kidnappers themselves might be at steke.
A fanatic might take a potshot at the kidnappers. Of course publicity
which would fcO' PL fly ^he kidnappers as romantic heroes would not be
either to our advantage.

However, as in the matter of the Lapalme workers

this point might be considered by the goveernment if it were the last
obstacle to a successful statement.
(e) Access to their .alwyers for the kidnappers. - We believe this could
take place only on the aircraft or after arrival in Cuba.

If a lawyer

like Mr. Lemieux got access to the kidnappers at the Cuban Embassy,
he could well persuade his clients to risk upsetting all the arrangements
staying
and £j2±±xng in the mission for a longer period of uninhibited propaganda.
This is an unacceptable risk.
(f) Presence of lawyers and journalists on the axl aircraft. It vrould be preferable to avoid both. At le8st the presence of journalists
could be objected to, although a lav/yer like Mr. Lemieux would produce no less
copy than a journalist. As a last resort, howeevr, the government might consider
accepting the presenc .; atieast of the lawyer which could be justified on human right
air
grounds. Newsmen can always await the axicraft in Cuba if they so wish.
(g) Provision of_a.ircraft. - There would be distinct advantages in asking and
(, I,.It.-~ .'

paying for a group aircraft.

If the kidnappers insisted on having their

w eapons until they board the plane, there is a risk that they might decide to
re. Canadian aircraft for the sake of further publicity and a further
hijack ^he
indignity to the Canadian government.
aircraft.

They would hardly jljack a Cuban
„*„„„„
000668

�(h) Safe Conduct for Kidnappers. This seems to be the core of any settlement. They will not
relinquish Mr. Cross unless they feel safe. There may be discussion of hou
many would be allowed safe conduct.

In the end it may be to our advantage

to ensure the departure from Canada of as many as possible of those implicated
in the kidnapping (probably up to 10 or even 15).
it would get them out of our hair.

This irould identify them;

It would also help the kidnappers to

accept a hard federal position on the "political" prisoners, since the
departure of 10 or 15 kidnappers would look like a substantial concession.
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would also accept the departure of wives and children if

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If only a few kidnappers v/ish to leave, v/e may be asked for

an end of all enquiries into the Cross case, in perpetuity.

This v/ould

amount to an amnesty for all those implicated in the Cross affair, whether
they went abroad or remained in Canada or returned to it. This would bo
unacceptable. The only acceptable formula might be a safe conduct until
arrival in a foreign country.

While the kidnappers could not be prevented

from returning, they could be arrested and tried upon setting foot in Canada.
—

Incidentally, we K E X K H £ would ask the receiving country not to glorify the

000669

�kidnappers by granting them "political asylum".

—

Since we have an

extradition treaty with Cuba (not with Algeria), we presumably v/ill be asked
to guarantee that our rights under this treaty will not be exercised.

The

Cubans are bound to raise this if the kidnappers don't. It would be to our
advantage to accept, since otherv/ise the Cubans might refuse to cooperate
or might refuse extradition, under the terms of the treaty, on the grounds
that the kidnappers were "political refugees".

�0
SECRET

j) The prisoners".

Fe

This will be the most difficult point^presumably a basic

U

issue of principled^involved for the Canadian government .
c.,.0 I--- --i^

If it is decided that no compromise farm is nossible (e.g.
exchange of one orisoner for Mr. Cross), the best our negotiators
could do would be to stress to the kidnaoners that a number cf
CLsX.

or

.

the prisoners on very short sentences might qualify shortly
A
A

Or

parole^ the government may wish to consider whether, if this
issue threatens the outcome of the negotiations, a review of the
prisoners' requestj for parole might paKksp-s be agreed.

Presumably

such a review should take olace after the departure of the kidnappers, unless it is decided that it could be undertaken
immediately.
LLFEDERA: POSF.ION
OVERALLFEDERAL
/

In-sufrtma-ry;—t^eHmTrd^CLJli^jtTOme-^urH^

000671

�In summary, the kind of outcome our negotiators would seek would
be:
a) a formula which would insure Mr. Cross' safety before the
kidnappers leave the country;
b) a temporary safe conduct for even a fairly large number of

ihl-y-27
the kidnappers, families included if desired; uiLb—a-e-a-fe
cf&gt;»d«T-t~tO' expire upon their arrival in Cuba;
c) no release for prisoners to depart Cdnada, although some
review of paroles might be considered;
d) no concession on the informer; no concession on the Lapalme
workers and on publicity except as a last resort;
a.

e)

no ransom money, although modest contribution could be made
A
f o r upkeep o f t h e k i d n a p p e r s and t h e i r f a m i l i e s ; we could
A
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r e i m b u r s e Cuba f o r use of an a i r c r a f t ;

f)

on mechanics of t h e r e l e a s e , we v/ould p r e f e r t h e f i r s t ,

but

could a c c e p t t h e second approach d e s c r i b e d i n t h e Annex.
HANDLING OF TiE NEGOTIATIONS
Before any meeting*-©!' n e g o t i a t i o n c o u l d b e g i n , we vrould r e q u i r e
proof t h a t Mr. Cross was a l i v e .

We might a l s o face an FLQ r e q u e s t

000672

�SECRET

that all police investigations be stopped.

To this we could

presumably agree, for the duration of the discussions.
At the start our negotiators might indicate our basic
approach:

we shall make no further unilateral move or concession,

and any arrangements we may agree with the kidnappers v/ould be
subject to agreed mechanics which would tie Mr. Cross release to
these arrangements. We will not accept accommodation for the
kidnappers subject to later release of Mr. Cross on their mere say so.—
A threat might be issued at the same time both to the kidnappers and
the FIQ.

Tne kidnappers would be warned that, if anything went

wrong with Mr. Cross, we would never give U P our efforts to capture
them and would apply to them any rigours of the law. The FLQ might
be threatened with treatment appropriate to treasonable organizations,
if ministers consider this appropriate.—This done, our representatiwes
might start off negotiations by pointing out that both Mr. Cross and
all the kidnappers v/ere .engraved personal jeopardy.
be killed.

Mr. Cross could

The kidnappers would face major charges for kidnapping
«:

and possibly murder.

for both.

It might be possible to find -ofcHt-ti*e way out

F

3y focussing discussions upon the faith of the kidnappers

�9

SECRET

v/e may achieve a psychological effect and render more di-f£xc"K!t

an agreement on the other issues.

000674

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