#the red patch

The very star chamber nature of the procedure had a stultifying effect upon me… Seeing the indifference written all over their faces at the moment that I am literally turning myself inside-out for them to see and understand; all the time, growing consciousness that your happiness, my freedom… leans so heavily upon such a method of dispensing ‘justice’; it was only with an effort that I could force myself to continue.

Internee Kent Rowley, in fact, refused to participate in a closed hearing wherein his legal rights were denied. Rowley spent two and a half years either imprisoned or interned, never to actually hear any charges read against him."

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A phenomenon readily detectable was the censorship to which the internees were subjected. Letters from family were intercepted and delivered. Mention of news from the outside world, including actions being taken by lawyers on behalf of internees, was removed from letters. The internees were not allowed to use terms such as ‘anti-fascist’ to describe themselves, nor were they allowed to refer to Hull as a ‘concentration camp’. 

Censorship was a regular part of military life during the war. Soldiers were required to be circumspect in describing their whereabouts or activities, and their communications both to and from were subject to censorship. Applied to the internees, however, censorship was just one more limitation of their civil rights, which provided dubious military benefits, at best. Sometimes, correspondents of internees were objects of investigation; this was especially the case for soldiers who were sons of the internees.

According to a Cabinet order of May, 1940, the federal government was responsible for social assistance provided by municipalities to the families of internees, but this did not mean much if municipalities refused to provide this assistance, or if the amounts were too little. The trust companies working for the Trustee of Enemy Properties froze assets of the internees and their families. The internees were not permitted visits by their families, always an object of contestation by the internees. Nonetheless, Jenny Freed did lead a delegation of wives, who hitchhiked from Montreal to the Hull prison, and caused quite a commotion when the men were able to talk to the women, who were standing outside the prison walls. 

In October, 1941, the authorities began permitting conjugal visits to Hull. John McNeil’s  wife from Winnipeg was the first to visit her husband. In November, 1941, other visits followed, and they soon become typical, even if not too intimate since the visits were limited to thirty minutes in the presence of guards. Visits from others were also controlled, including even one official visit from the Premier of Quebec, Adélard Godbout.

Godbout was allowed to meet Colonel Sherwood, commandant of the Ottawa  region, and Major Green, during a visit in Hull in October, 1941. While Godbout was permitted to inspect the quarters of the guards, the Army did not allow Godbout, accompanied by local politicians from Hull, inside the prison to visit the internees’ quarters. His only contact with the internees that was permitted was listening to a few songs sung by a choral group of the internees."

On September 9, Philip and Gordon Tonner, from Toronto, were arrested for distributing Party materials. The court quickly threw out the case against the two men. The Party published its position against Canadian participation in the war on October 14, 1939. On November 10, the RCMP arrested 23, including ten in Montreal, for distributing communist documents. The Canadian Press reported on November 13 that four more communists in Toronto, eight more in Montreal, as well as one man in Lacombe, Alberta were arrested and charged for having distributed anti-war flyers. On November 21, the Canadian Press reported that Douglas Stewart, business manager of the communist newspaper, Clarion, was sentenced to two years of imprisonment for printing the Comintern statement of opposition to  participation in the war. In Oshawa, an ex-soldier, Frank Towers, was sentenced to three months imprisonment for having sold Clarion, even before it had been banned along with its French-language equivalent, Clarté.

Most of these cases were thrown out of court, although some did receive sentences of up to six months in prison and fines of $500. Four communists were arrested for violating regulation 39, or for merely saying things that police judged to be dangerous to the security of the state or the prosecution of the war. Nick Tuchinsky, from Tilsonbury, Ontario and Alfred Neal, from Kingston, were arrested in December, 1940, but each case ended in acquittal. Nevertheless, two men from Kirkland Lake, Ontario, B. L. McMillan and Charles Stewart, each received sentences of three months and fines of $200 for having expressed sentiments judged to be dangerous or subversive. Four people were accused of having distributed Party newspapers, and twenty-one were charged with possession of communist documents, while eight Winnipegers were arrested for being Party members. The most common reason for arrest was distribution of subversive flyers, for which 44 were charged.

Most cases were thrown out of court for insufficient evidence. In fact, this was the case for twelve women from across Canada, while Olive Swankey, wife of Hull internee Ben Swankey, was held for ten days of interrogation in Edmonton, then released without being charged. Hull internee Charles Weir was arrested for distributing anti-war literature, but was freed since there were no witnesses, only to be soon interned. Another Hull internee, Patrick Lenihan, a Calgary alderman, was acquitted by jury of having expressed statements likely to cause disaffection to His Majesty, only to be interned soon after.

Not all was failure for the authorities when charging communists for specific offences. Nine women were successfully charged, including three in Manitoba and four in Saskatchewan, where authorities seemed to be more successful in prosecuting precise offences. The unfortunate Annie Buller and Margaret Mills each received sentences of two years, while Ida Corley received a sentence of one year. All were from Winnipeg, while Regina resident Gladys McDonald was imprisoned for a year, followed by fourteen months of internment, making her the only communist woman to be interned during World War II.

Two cases of imprisonment in Manitoba deserve special mention. In the fall of 1940, Mitch Sago, a Ukrainian community leader, and Tom McEwen, a member of the political bureau of the Party, were charged with being members of the Party. On November 8, 1940, Sago and McEwen were tried and sentenced to two years less a day of hard labour at the provincial jail in Headingly. Nowhere was hard labour to be found within the DOCR, therefore, on October 10, 1941, McEwen and Sago applied for habeas corpus on the grounds that the original magistrate had exceeded the law with the hard labour sentence. Justice Donovan of the Manitoba Supreme Court agreed and granted Sago and McEwen their freedom, however, on September 9, 1941, Justice minister Lapointe had issued an order for internment, which took effect immediately after the men’s liberation from Headingly, whereupon they were interned in Hull. Internment was to prove a much more useful tool for repressing communists, as opposed to imprisonment for specific offences, especially after the Party was made illegal in June, 1940.

Approximately two-thirds of those detained were held using articles 21 and 39C of the DOCR read together. The official history of the Communist Party of Canada cites that “according to the Canadian Civil Liberties Union, 64 persons had been arrested by the end of February, 1940, of which nineteen received prison terms ranging from one month to two years, while the rest were fined amounts ranging from $1 to $500.”

"On January 11, 1940, the DOCR [Defence of Canada Regulations] were amended so as to permit preventive detention, internment before the fact of having committed a crime, ie. article 21. This meant that even though charges for precise offences might not hold up in court, communists could still be interned using vague terms. As well, should the police fail in making a DOCR charge stick, then the freed prisoner could quickly be interned. This situation applied to Ottawans Louis Binder and Arthur Saunders, and to westerners  Charles Weir, John McNeil, Pat Lenihan, Alex Miller, and Ben Swankey.

In June, 1940, via DOCR regulation 39C, the Communist Party and related  associations were made illegal. These associations included the Young Communist  League, the League for Peace and Democracy, which had succeeded the League to Fight  War and Fascism, and the Canadian Labour Defence League, as well as several pro-communist, ethnic associations: The Ukrainian Labour-Farmer Temple Association, the  Canadian Ukrainian Youth Federation, the Finnish Organization of Canada, the Russian  Workers and Farmers Club, the Croatian Cultural Organization, the Hungarian Workers  Club, and the Polish People’s Association. Membership in these organizations became illegal; it came to be the grounds most often used for internment.

The first internments took place on June 26, 1940, when Jacob Penner and John Navis, from Winnipeg, and Ottawans Louis Binder and Arthur Saunders were interned. Arrests for internment could follow at any time, but there were more active periods. On June 28 and 29, 1940, nine Montrealers as well as Nicholas Pyndus, from Trois-Rivières, and Robert Kerr and Fergus McKean, each from Vancouver, were interned. On July 8, 1940, seventeen Ukrainian Winnipegers were interned. On August 9, 1940, seven men  including five Montrealers were interned. On September 8 and 9, 1940, five more were  arrested for internment; on October 10, 1940, four more were interned. The last internment in Hull began on February 10, 1942 when Harvey Murphy was transferred from a Toronto prison.

The cases of Jacob Penner and Pat Sullivan provided important legal precedents about the question of habeas corpus. Were the governments and the police obliged to provide motives for the decision to intern someone, other than article 21 of the DOCR, whereby people presented a danger to the security of the state or the prosecution to the war, or article 39C, whereby people were members of an illegal organization? Jacob Penner was a highly-respected communist and municipal councillor in Winnipeg. After being interned in Kananaskis, Penner’s family hired a lawyer who successfully applied for habeas corpus , however, federal authorities simply held him during the summer of 1940 in an immigration centre in Winnipeg. In August, 1940, a federal appeals judge ruled that habeas corpus did not apply to DOCR article 21. Penner was returned to Kananaskis, providing an important precedent relative to internees from Western Canada.

In central Canada, Pat Sullivan, President of the Canadian Seamen’s Union, was arrested on June 18, 1940. The only explanation for Sullivan’s arrest offered to lawyer J. L. Cohen was Sullivan’s membership in the Communist Party, which the defendant denied. Cohen then launched unsuccessful habeas corpus proceedings in which an Ontario judge ruled that habeas corpus was not relevant since the detainer was not the minister of Justice, and the latter was not required to accept recommendations of a consulting committee considering the detention. Cohen was going to subject this tortured logic of the Ontario Appeals Court judge to the Supreme Court, but decided to desist when the federal government promised to improve the workings of the consulting committees, and to reveal more about the motives for Sullivan’s internment. Nevertheless, after considerable stalling by the minister of Justice, it became clear that the real reasons for Sullivan’s internment were strikes by the Canadian Seamen’s Union in 1938 and 1939, and especially in April, 1940, when Sullivan’s union closed shipping on the Great Lakes from the Lakehead to Montreal. Conciliation following this last strike was proceeding when Sullivan was arrested. Not only did Sullivan’s case show that habeas corpus was of no effect with respect to the internees, it also showed that for some internees, at least for Sullivan, the real motive of internment was union activity.

One suspects the considerable influence of C. D. Howe and his business colleagues working in Ottawa. This was also the case for several of Sullivan’s colleagues within the Canadian Seamen’s Union. A month after Sullivan was arrested, Jack Chapman, union secretary, was arrested while a few days later, Dave Sinclair, editor of the union’s newspaper Searchlight, was arrested for having written about the Sullivan case. Sinclair’s case also demonstrated farcically the incompetence of the RCMP. Sinclair was the nom de plume of David Siglar, a fact he did not hide. During his appeal before the consulting committee, the RCMP presented as evidence activities of someone unknown to Siglar named ‘Segal’, a common name among Jews. Siglar had no idea about whom or what the RCMP was talking not knowing the ‘Segal’ in question, but he did plead guilty to having known several people named ‘Segal’.

The case of Charles Murray, organizer for a fishermen’s union in Lockeport, Nova Scotia, a union affiliated with the Canadian Seamen’s Union, provided another example of how union activities might lead to internment. On June 15, 1940, Nova Scotia’s labour minister, L. D. Currie, sent a letter to Murray stating that:

…You are a communist and as such, deserve to be treated in the same manner as I would be treated if I endeavoured to carry on in Russia as you are doing in Nova Scotia. I warn you now to desist from your efforts to create industrial trouble, and I warn you too that your conduct will from now on be carefully watched and examined, and if I find out that you do not quit this sort of business, then it will be most certainly the worst for you. I am giving you this final word of warning. My advice to you is to get out of Lockeport and stay out…

A few days later, Murray was interned in Petawawa.

Other union leaders received similar fates to those of the leaders of the Canadian Seamen’s Union. Fred Collins had led a successful strike against furniture manufacturers in Stratford, Ontario. James Murphy was the leader of the Technical Employees Association of the Canadian Broadcasting Corporation, and was arrested in the middle of negotiations. Orton Wade was negotiating with meat packing companies in Winnipeg when he was arrested. Bruce Magnuson was a union leader from Port Arthur, where he was local president of the Union of Lumber and Sawmill Workers. Unfortunately, his  federal MP was none other than C. D. Howe. In August, 1940, Howe responded to one of Magnuson’s colleagues complaining about the internment of Magnuson.

For very obvious reasons, the normal course of the law must be supplemented by special powers. Otherwise, the effort of the government to suppress fifth-column activities would be of no avail. The now tragic account of fifth-column activities in Norway, the Netherlands, Belgium, and France is ample proof of the inadequacy of the ordinary peacetime machinery of the law in  controlling subversive elements… Persons who are considered to be friendly towards Canada’s enemies, or who in any way interfere with Canada’s war effort, are recommended for internment on the strength of evidence assembled by the Force (RCMP).

The motive given for Magnuson’s internment was his membership in the Party, but after the Party began supporting the war effort, Howe wrote to Magnuson in October, 1941: 

… do you think that the ends of justice would be served by your release merely because circumstances have caused a change of front by the Communist Party? You were interned because you were out of sympathy with Canada’s war effort, and because you were an active member of an organization which sought to impede that effort.

The case of Clarence Jackson also demonstrated the long arm of Howe. On June 11, 1941, Howe wrote to Justice minister Lapointe, demanding that Jackson be arrested. 

Please permit me to call your attention to the activities of one C. S. Jackson, who is undoubtedly one of the most active trouble makers and labour racketeers in Canada today. Jackson has been expelled from the Canadian Congress of Labour as a Communist. He has  been responsible for strikes at the R.C.A. Victor plant, the Canadian General Electric plant, and he is now boring in to the Canadian Westinghouse plant at Hamilton. The Westinghouse plant is the most important war manufacturer in Canada, having contracts for anti-aircraft guns, naval equipment, and a wide variety of electrical work important to our production. A strike at Westinghouse would directly stop many branches of our munitions programme. I cannot think why Canada spends large sums for protection against sabotage and permits Jackson to carry on his subversive activities. No group of saboteurs could possibly effect the damage that this man is causing. I feel sure that this is a matter for prompt police action. I suggest that responsible labour leaders can supply any information that you may require on which to base police action.

There is evidence, furthermore, according to the biographer of Jackson, that the Canadian Congress of Labour was complicit in the internment of Jackson. Jackson was arrested on June 23, 1941, but was released from Hull six months later owing to pressure by the American section of his union. 

Others were interned for strange reasons. Rodolphe Majeau, a member of the Canadian Seamen’s Union, was interned for having aided Communist candidate Évariste Dubé during the federal election of 1940, when the Party was still legal, an example of a retroactive charge. Scott McLean, a Cape Breton millwright was interned because of dynamite he had in his possession when arrested, dynamite he was using to explode rocks and a manure pile on his farm. John Prossack, from Winnipeg, an elderly Ukrainian  charged with membership in the Party, was not in the least involved in politics. Prossack believed that he was interned owing to a bad relationship with his former son-in-law, a paid police informer. Muni Taub, a Montreal tailor left the Party at the end of 1939,  one of the many Europeans disgusted at the Hitler-Stalin pact. Nevertheless, motives given for Taub’s internment included his writing for a leftist, Jewish newspaper; his  membership in the banned Canadian Labour Defence League, and most of all, Taub’s challenge of the constitutionality of Duplessis’ Padlock Law during the 1930s."