NOT GUILTY!

The Kellock-Taschereau Commission and the Government which sponsored its proceedings have now been found guilty by five courts of making and publishing mis-statements concerning the loyalty of Canadian citizens.

In their verbose and inaccurate fourth report, published by the government printer, Commissioners Kellock and Taschereau state on page 318 that they are of “the opinion that Shugar not only agreed to communicate such information [secret and confidential information to a foreign power] but that the evidence before us shows that he did so communicate”.

On December 7th, 1946, in Ottawa, before a judge of an Ontario County Court, Dr. David Shugar was declared not guilty of conspiring to communicate secret and confidential information to a foreign power.

Dr. Shugar had previously appeared in a magistrate’s court in Ottawa on exactly the same charge following an earlier Report by the Commission, and the magistrate had thrown the case out at a preliminary hearing because of the absence of evidence. Dr. Shugar was charged the second time following the commissioners’ Fourth Report in which, on the basis of what they called new evidence, they repeated their belief that he was guilty. He has now been cleared of both charges.

On page 563 of their fourth report Commissioners Kellock and Taschereau state “on the evidence before us, there would appear to have been only four male members of the Passport Office, who, as a practical matter, could have obtained the issue of the false passport. Of these four, the evidence which we have discussed above connects only one, W.M. Pappin, with the matter.”

On October 18th, before a County Court judge Mr. W.M. Pappin had two charges of conspiring to get a false passport for a Russian Agent dismissed and a third charge dropped by the Crown.

On page 226 of their fourth report Commissioners Kellock and Taschereau state: “We are satisfied on the evidence that Adams was an important unit in Zabotin’s organization”, and “we are of the opinion that Adams did communicate such information [secret and confidential information to a foreign power.]”

On October 22nd before a judge and jury of the Supreme Court of Ontario Mr. Eric Adams was declared not guilty of conspiring to communicate secret and confidential information to a foreign power.

On page 280 of their fourth report Commissioners Kellock and Taschereau state that they are of the “opinion that Nightingale not only agreed to furnish unauthorized information to the Russians but actually did so”.

On Wednesday, November 7th, before a judge and jury of the Supreme Court of Ontario, Mr. M. S. Nightingale was declared not guilty of communicating confidential information to Russia.

On page 479 of their fourth report Commissioners Kellock and Taschereau state that in their “opinion Chapman was a party to the communication by Willsher and Adams of such information [secret and confidential information to a foreign power.]”

On November 27th, before a County Court judge the case against Miss Agatha Chapman was dismissed; the defence not being called upon.

These five persons who had been found guilty by Messrs. Kellock and Taschereau before any of them had appeared in court, have been freed of these charges against them. Over 150 pages of the fourth report were devoted to “proving” their guilt. Legal expenses running into thousands of dollars were forced upon them by the charges against them. In addition, as a direct result of the Commission’s reports, Dr. Shugar was dismissed from his position with the Department of Health and Welfare by the Hon. Brooke Claxton before his case was heard in court. He was also refused veterans’ out-of-work allowances by the Hon. Ian Mackenzie despite the fact that he was unable to find employment.