Any plans to bury the matter of Gouzenko's revelations came to an abrupt end on February 3, 1946, when
Drew Pearson, an
NBC Radio host, announced that a Soviet agent had surrendered to Canadian authorities and that Canada was quietly investigating a Soviet spy ring that extended into the United States government: This is Drew Pearson with a flash from Washington. Canada's Prime Minister Mackenzie King has informed President Truman of a very serious situation affecting our relations with Russia. A Soviet agent surrendered some time ago to Canadian authorities and confessed a gigantic Russian espionage network inside the United States. It is not known how Pearson learned of the defection, but the most likely source of the leak was
J. Edgar Hoover, as it was not uncommon for the FBI to leak information about suspected communists to the press and the two men corresponded often. Furthermore, an internal FBI memorandum revealed that Hoover had spoken with Pearson by telephone earlier that day. Following the broadcast, King contacted Williams for advice on the make-up of a
royal commission. Williams suggested using judges from the
Supreme Court, as they would give the commission the credibility that was so essential in such a sensitive matter. Two days later, on February 5, King informed his cabinet of Gouzenko for the first time. He denied that the timing of the investigation was related to Pearson's announcement and insisted that he had delayed acting on Gouzenko's information in order "to give the U.S. an opportunity to follow up the revelations that they had received." That same day, King and Athlone hurriedly signed another order-in-Council (P.C. 411), this time appointing a royal commission chaired by Supreme Court Justices
Roy Kellock and
Robert Taschereau. The Kellock–Taschereau Commission (officially called the Royal Commission to Investigate the Facts Relating to and the Circumstances Surrounding the Communication, by Public Officials and Other Persons in Positions of Trust of Secret and Confidential Information to Agents of a Foreign Power) was charged with investigating Gouzenko’s information. Three lawyers were also appointed to the Commission: Williams;
Gérald Fauteux, who would later be appointed to the Supreme Court himself; and D.W. Mundell. Another future Supreme Court appointee,
John Robert Cartwright, was named clerk of the Commission. The Commission first convened at the
Seigniory Club in
Montebello. There, on February 13, Gouzenko was sworn in and began to give his testimony. Black served as his interpreter, though Gouzenko insisted on muddling through in English. By the end of the second day, the Commission had the names of 15 suspected spies. Soon after Gouzenko began delivering his testimony, the Commission decided that 14 of the 15 individuals identified by Gouzenko should be detained and isolated (the Commission was reluctant to detain Rose). On February 10, Pearson had again brought up the espionage case in his weekly radio broadcast and the Commission feared that the suspects might attempt to run. Indeed, Carr had already fled to the United States. In a February 13 memorandum to MI6, Dwyer noted that, "Royal Commissioners suddenly decided today to prevent any further damage by leaks from Drew Pearson by taking action before his next Sunday broadcast." Most of the alleged spies resided in Ottawa or Montreal. However, Lunan was stationed in London as a speech writer for
Paul Martin Sr. On February 13, Lunan was sent a cable recalling him to Canada under the pretense that he was being promoted. Lunan was scheduled to arrive at Montreal's
Dorval Airport on February 15 so it was that date that was selected for rounding up the suspected spies.
Detentions and interrogations Early on the morning of February 15, ten days after the Commission was established, the RCMP launched a series of simultaneous
raids and detained 11 suspected spies. The raids were originally scheduled for 3:00 am, but King intervened and had the raids pushed back to 6:00 am, a move that would prove fortunate when one of the squads initially raided the wrong apartment. RCMP narcotics agents were used since the Intelligence Branch of the RCMP did not have the resources to carry out the raids on its own. Hours later, King held a press conference in Ottawa and made his first public statement regarding the Gouzenko Affair. His statement was brief – just 250 words – and he did not mention Gouzenko or the Soviet Union; rather, he said only that secret information had been disclosed to a foreign government, that several people had been detained, and that a royal commission had been established. The following day, February 16, two additional suspects were rounded up, bringing the total number of detainees to 13. Despite King's ambiguity, the press quickly deduced that the foreign power was the Soviet Union. Details of the story made the front pages in newspapers throughout the West. Many outlets published stories that were either speculative or wildly exaggerated.
The Globe and Mail declared in its banner headline that "the atom secret" had been leaked to the Soviets. In Pearson's following broadcast on February 17, he claimed that the unnamed Soviet spy had provided Canadian authorities with the names of at least 1,700 agents operating in Canada and the United States. On February 20, the Soviet Foreign Ministry issued an official statement openly acknowledging that they "knew that some information relative to radio location and other matters had been irregularly obtained by a member of the Soviet Embassy in Ottawa," noting that Zabotin and his staff had been recalled. However, the Soviets denied that the ambassador or other members of the embassy staff had been involved and insisted that the information obtained on Western scientific advances had been "insignificant" given the Soviets' rapid technological progress. The 13 detainees were sequestered at the Rockcliffe Barracks, an RCMP training facility in Ottawa. Cut off from family and denied access to legal counsel, they were kept isolated from each other in individual cells and monitored constantly. The windows were nailed shut and lights at the facility were kept on 24 hours per day, a practice the RCMP insisted was a necessary component of
suicide watch. Fearing the suspects may attempt to escape, the RCMP kept the barracks "bathed in the glare of search-lights" and guards, who were made to swear an oath of secrecy, were issued live ammunition. Examination of the suspects took place in two stages. First, the RCMP interrogators – Havison and Anthony – would question the suspects. They employed a variety of techniques to extract confessions and information regarding the other suspects. Detainees were told they could face execution for their crimes and that other suspects had attempted suicide. Detainees who were Jewish were subjected to racial insults. The detainees were not informed that their testimony could later be used against them or that, under the
Canada Evidence Act, they could not be compelled to incriminate themselves. The information they gathered was then passed on to the Commission. Without proper legal advice and believing they could face execution, some of the detainees quickly gave in to the intense pressure. Lunan, Mazerall, and Woikin all confessed early on. One detainee, Kathleen Willsher, a secretary at the
British High Commission who had been wrongly accused of passing on confidential communiqués she would not have had access to, denied spying for the Soviets but confessed to verbally passing on information to the CPC, which was deemed sufficient to warrant charges. Others, however, were more defiant. Shugar, for instance, refused to co-operate with the investigators, demanding to see both a lawyer and his wife. When he was refused, he went on a four-day hunger strike. Meanwhile, his wife, who had returned home to find her husband missing and their home ransacked, had been actively campaigning in the press for his release. Next, the suspects were taken to the Department of Justice building where they were secretly given a hearing before the Commission. They were seated at a table facing the stenographer, counsel, and Kellock and Taschereau. Again, the detainees were not informed of their rights under the
Canada Evidence Act; rather, they were told they were obligated to answer questions. Suspects who denied their guilt were reminded of the statements they made to the RCMP, statements that, in some cases, were extracted after weeks of isolation without access to legal counsel. As the proceedings dragged on, King became increasingly impatient and he was facing mounting criticism regarding the secrecy around the Commission and the apparent suspension of civil liberties. At first, the media focused on speculating about the identities of the detainees. However, without any definitive information to publish, the narrative quickly began shifting from intrigue to criticism over the treatment of the detainees. Many newspapers began publishing letters written by the wives of some of the detainees pleading for information on their husbands. On February 25, the Commission advised King that they would need an additional two to three weeks before a report could be published. King reportedly told Robertson, "People will not stand for individual liberty being curtained or men being detained and denied counsel and fair trial before being kept in prison... The whole proceedings are far too much like Russia itself." The Commission had originally intended to keep all the suspects detained until hearings were complete but, under pressure to deliver results, began releasing the detainees in waves.
Arrests The Commission publicly released an interim report on March 4, 1946, and, for the first time, the public learned of Gouzenko's defection. The report also identified four of the detainees – Lunan, Mazerall, Willsher, and Woikin – but read as though the four suspects had already been convicted, claiming that, "The evidence heard so far... establishes that four persons, namely Mrs. Emma Woikin, Captain Gordon Lunan, Edward Wilfred Mazerall, and Miss Kathleen Mary Willsher... have communicated directly or indirectly secret and confidential information to representatives of the U.S.S.R." The report also claimed – erroneously – that the detainees had been offered counsel, but refused. That same day, all four were released from Rockcliffe and then arrested and brought to an arraignment in Ottawa. While the word "treason" was used frequently in the media, the Crown had determined it could not pursue charges of treason since the suspects had allegedly shared their information with the Soviet Union, which was Canada's ally at the time. Rather, prosecutors opted to charge the suspects under the
Official Secrets Act, a seldom used 1939 law that was so broadly worded that it could be interpreted to mean any contact with an "agent of a foreign power" was a crime. Furthermore, the law effectively shifted the burden of proof to the defendant, stating that a person shall "unless he proves to the contrary, be deemed to have been in communication with an agent of a foreign power" for something as simple as having the agent's phone number written in their address book. The four suspects each faced two charges of violating the
Official Secrets Act. The report was widely featured in newspapers across the country, with many newspapers offering sensationalist headlines, such as suggesting the Soviets were planning a third world war. However, while the interim report included a list of objectives that Moscow had given the GRU, it did not contain any insights into what information the GRU had actually obtained or whether Canadian security had been compromised. Some newspapers were more skeptical of the severity of the threat, with
The New York Times noting that, "much of the information asked for... could have been obtained by any military attaché by request" and that "there was no indication in the report that any of this secret information was obtained or communicated." Following the release of the first four detainees, the Commission began relaxing some of its security measures. Families of the remaining nine detainees were allowed to visit, but were made to swear an oath of secrecy and were forbidden from passing along information to their lawyers. Also on March 4, Nunn May was arrested in London. The arrest had been timed to coincide with the release of the Commission's interim report, as the British authorities were reluctant to complicate the situation in Canada before the report was released. In fact, Nunn May had been questioned twice by MI5 in late February and had already confessed to leaking atomic secrets to the Soviets. The British had also requested that Willsher – who was accused of leaking documents from the British High Commission in Ottawa – be treated separately from the other detainees and that her name be left out of the interim report over concerns that the appearance of two apparent lapses in British security would harm their credibility. However, the Canadian government, leery of criticism for violating civil liberties, wanted to make it clear to the public that the Soviet Union was spying not just on Canada, but on its allies as well. At approximately 11:00 pm, on March 14, Rose was arrested in his apartment in Ottawa, while in the midst of a phone interview with a
Toronto Daily Star reporter. The Commission, fearful of incurring public backlash over detaining an elected official without charge, had been reluctant to go after Rose. However, while under interrogation, several of the detainees had incriminated him, giving the RCMP the evidence it needed to pursue charges. He was arraigned early the next morning and bail was set at CA$10,000, as the prosecutor noted that a vehicle with a
Michigan licence plate had been spotted outside Rose's home, an observation he presented as evidence that Rose had intended to flee to the United States. The following day, March 15, the Commission released a second interim report, this time identifying Boyer, Gerson, Nightingale, and Shugar. Like the previous four detainees, they were then released from Rockcliffe and immediately arrested and charged with violating the
Official Secrets Act. Again, the report contained no indication that the suspects may have been innocent, even though Nightingale and Shugar would later be acquitted. The report, however, was largely overshadowed in the media by Rose's arrest. The two interim reports did little to assuage the criticism King was facing. When Parliament reopened, he faced criticism from the Opposition over his handling of the affair and his use of wartime powers.
John Diefenbaker led the charge, arguing that King's orders-in-Council had effectively swept aside
Magna Carta, adding, "When, in the history of the British Empire, was any man ever denied counsel, except under order-in-Council passed by this government?" However, the public proved more supportive; a May
Gallup poll found that 91 per cent of Canadians had heard of the Gouzenko Affair and, among those that had, 61 per cent approved of the federal government's handling of the matter. Restrictions on the remaining five detainees were gradually loosened and their lawyers were eventually allowed access conditional on swearing an oath of secrecy regarding the Commission's proceedings. On March 29, 42 days after the detentions began, the Commission released a third interim report identifying the five remaining detainees: Eric Adams, Scott Benning, Halperin, Fred Poland, and Smith. Again, the five suspects were released from detention and then immediately arrested and charged with violating the
Official Secrets Act. However, despite six weeks of solitary confinement, the five men had refused to confess and had been unco-operative with the Commission. Their obstinacy would ultimately pay off, as Adams, Benning, Halperin, and Poland were eventually acquitted; of the five individuals identified in the report, only Smith was convicted. On April 1, King announced to the House of Commons that P.C. 6444 had been rescinded. With the order revoked, the federal government's wartime powers to suspend civil liberties were ended. In his diary, King wrote: It is an immense relief to have that order-in-Council cancelled. I feel the Commissioners have thought more of themselves and doing a fine bit and of the report they are making than of the position in which they have placed the Government and our party. It will always be held against us and the
Liberal Party that we sanctioned anything that meant so much in the way of deprivation of liberty for a number of people. The Commission released its final, 733-page report on June 27. The report identified several other suspected agents, including six who would eventually face charges: Carr,
Agatha Chapman, Henry Harris, Freda Linton, William Pappin, and John Soboloff.
Trials Fred Rose attending his pre-trial hearing in March 1946 Rose's arrest was covered widely in the Canadian and American media. Rose was the first elected official anywhere in the West to face charges of espionage. His arrest also seemed to reinforce the notion that the CPC was a front for Soviet intelligence agencies. Rose's pre-trial hearing began on March 22 in Montreal, marking Gouzenko's first public appearance as a witness. To protect Gouzenko's identity, photographers and sketch artists were barred from the courtroom. Rose's trial began on May 17 and lasted three weeks. Boyer provided testimony that would prove fatal to Rose's defence. The prosecution did not have a confession from Rose, nor did it have second-hand evidence from Gouzenko, as the two men had never met. Instead, the prosecution had only the hearsay evidence of the documents, which would only be admissible if the prosecution could establish a clear link between Rose and the GRU. Boyer would provide that link; he testified that he provided Rose with information regarding RDX, noting how Rose seemed "anxious to do what he could to have the Soviet Union obtain the process officially from Canada." Rose was convicted on June 16 and sentenced to six years in prison. The jury deliberated for just 30 minutes. Rose would later lose both his seat in the House of Commons and his Canadian citizenship. During the trial, Adams, Gerson, Lunan, Nightingale, and Woikin were also summoned to testify; however, all five refused. Adams, Gerson, Lunan, and Nightingale were each sentenced to three months for
contempt of court, while Woikin was sentenced to six.
Alan Nunn May Nunn May pleaded guilty and, on May 1, he was sentenced to 10 years' hard labour. Days later, Willsher pleaded guilty and was sentenced to three years in prison. With Nunn May and Willsher both in prison, British involvement in the Gouzenko Affair effectively ended.
The original 13 (centre) following a court appearance in March 1946 Of the 13 barracks detainees, 11 would go to trial (Willsher and Woikin pleaded guilty). Mazerall was first. His trial, held in May, yielded a ruling that would act as a precedent for the other accused spies. The presiding judge,
James Chalmers McRuer, allowed the transcripts of the Commission to be used as evidence against Mazerall. He stated that ignorance of the law was not a defence and claimed the accused could have avoided self-incrimination by demanding protection under the
Canada Evidence Act. Mazerall was convicted on May 22. Mazerall was sentenced to four years' imprisonment, a sentence even the prosecutor found excessive. The sentence seemed to suggest that McRuer did not factor in the rather innocuous nature of the information Mazerall had given to the Soviets. Rather, it suggested that Mazerall's punishment was intended to deter other would-be spies in the civil service, rather than reflect the harm he had caused. Mazerall's appeal was later denied. The trials continued through 1946 and into the spring of 1947. Of the original 13 detainees, seven were ultimately convicted: Boyer, Gerson, Lunan, Mazerall, Smith, Willsher, and Woikin. Benning was also convicted, but his conviction was overturned on appeal in April 1947. Lunan, who was seen as a key figure in the Gouzenko Affair and often referred to as a "spy cell head" and a "master spy" in the media given his role in managing other agents, was convicted in November 1946 and sentenced to five years' imprisonment.
The false passport Three additional men identified in the Commission's report – Harris, Pappin, and Soboloff – were charged with helping Witczak procure a false passport. Witczak, whose real identity is unknown, had been living in the United States using the passport of a Polish-born Canadian citizen named Ignacy Witczak. The real Witczak had fought in the
Spanish Civil War as a member of the
International Brigades, military units sponsored by
Communist International, which collected his passport and turned it over to the GRU. The GRU, mistakenly believing Witczak had been killed in action in 1937, appropriated his identity. However, the real Witczak survived and was living in Canada. In 1945, Witczak's passport expired and the GRU feared seeking a renewal could arouse suspicion. Instead, the GRU instructed Carr to bribe a Canadian official to provide a replacement. Pappin was a clerk at the passport office at the Department of External Affairs who was accused of tampering with files from 1937 related to Witczak's passport. However, the only witness in his case recanted their testimony and Pappin was eventually acquitted, with the judge noting that anyone in the passport office could have accessed Witczak's files. Harris was accused of acting as a facilitator between the GRU and Carr; he was sentenced to five years' imprisonment, though his conviction was later overturned. Soboloff, apparently unaware he was aiding the GRU, had, as a "favour" to Carr, signed Witczak's application as a guarantor, falsely claiming to know him. He was convicted and fined CA$500 in what the prosecution called a case of "gross stupidity."
Sam Carr In January 1946, Carr had travelled to Cuba for a Communist Party conference and was returning via New York City when he was tipped off – likely based on the information supplied by Philby – that he would soon be facing arrest. Instead, he remained in New York, living under the alias Jack Lewis. He evaded authorities for more than three years, but was finally arrested on July 27, 1949. Although the Commission's report alleged that Carr played a lead role as a recruiter for the GRU, he was charged only with conspiracy to commit forgery in his role in obtaining a false passport for Witczak. He was convicted and sentenced to six years' imprisonment.
Agatha Chapman Chapman was an economist with the
Dominion Bureau of Statistics who often hosted study groups in her Ottawa home and she had connections to many of the accused. While Chapman was never mentioned in any of Gouzenko's documents, Willsher, while under interrogation, claimed that she was a GRU agent and she was arrested. The Commission's final report referred to her as a "cell leader" and she was suspended from her job. Eager to clear her name, she wrote to St. Laurent requesting a formal trial. He acquiesced and she was charged in September 1946. She was acquitted on November 27 following a two-day trial.
Freda Linton Linton had worked as a secretary to the Commissioner of the
National Film Board of Canada (NFB),
John Grierson, from May to November 1944 and may have been Rose's mistress. She was mentioned in two of the documents provided by Gouzenko. Gouzenko also testified that she had given Zabotin "some materials." Although there was no evidence she had passed on any secret information, she was subpoenaed in May 1946 but could not be located. Three years later, she surrendered to police in Montreal. Her lawyer, Joseph Cohen, managed to get the charges dropped.
Other notable suspects Gouzenko's documents also made reference to an agent in the
U.S. State Department, whom the FBI inferred to be
Alger Hiss, though they lacked the evidence to pursue charges. In 1948, however,
Whittaker Chambers, a former member of the
U.S. Communist Party, produced a
microfilm of State Department documents he claimed had been supplied by Hiss in 1938. Hiss could not be charged with espionage since the
statute of limitations had expired, but he had earlier testified before the
House Un-American Activities Committee (HUAC) that he had never met Chambers and was charged with
perjury. He was tried twice (the first trial ended with a
hung jury) and convicted in January 1950. Another individual identified by Gouzenko was Arthur Steinberg, a professor of
genetics at
Antioch College. He had a background in statistics and assisted Boyer in some of his research on RDX. Like many of the accused, Steinberg had communist leanings and had joined the Communist Friendship league. Gouzenko claimed that Linton had connected Steinberg with a Soviet agent and he was mentioned in the Commission's final report. While there was never any direct evidence Steinberg had spied for the GRU, he faced nearly a decade of investigations by the FBI, HUAC, and, later, the
Senate Internal Security Subcommittee. Although he was never charged with a crime, his career was ended. Also caught up in the Gouzenko Affair was
Herbert Norman, an External Affairs official who had first caught the attention of American authorities in 1942 when he attempted to retrieve the belongings of
Shigeto Tsuru, a
Japanese economist who had been recalled to
Japan and left most of his works in
Cambridge. His name resurfaced in 1950 when the
Tydings Committee began investigating
State Department employees with connections to the
Far East. The RCMP prepared a report for the FBI dated October 17 outlining a few scattered pieces of largely circumstantial evidence against Norman. First, while in university, Norman had taken an academic interest in Marxism and briefly joined the
American League Against War and Fascism. In 1936, he encountered Pat Walsh, an undercover RCMP officer who, four years later, filed a report claiming that a "Professor" Herbert Norman at
McMaster University was a member of the CPC (Norman was never a member of the McMaster faculty). Second, Norman's name appeared in the address books of two suspected communists: Halperin and Frank Park. Lastly, Gouzenko's testimony from 1946 had made two references to someone named Norman; however, Gouzenko was referring to another individual, Norman Freed, who may have worked for the NKVD in 1944. Lester Pearson, then-Secretary of State for External Affairs (and later Prime Minister), ardently defended Norman and, on December 7, 1950, following a months-long investigation of its own, the RCMP sent the FBI a memorandum exonerating Norman, concluding he was not a security risk. However, the FBI continued to investigate Norman well into 1952. Grierson was also implicated in the affair. One of Gouzenko's documents – a notebook with an entry written by Motinov – contained a note that read, "Research Council – report on reorganization and work. Freda to the Professor through Grierson." Gouzenko testified that the GRU felt Linton's usefulness was being wasted at the NFB and, instead, wanted Grierson to use his influence to have Linton moved to the NRC alongside Boyer. However, there was no evidence that Grierson had ever suggested such a transfer and Linton had never worked at the NRC. Nevertheless, the FBI considered Grierson, a pioneer documentary filmmaker, a communist sympathizer and had kept a file on him since 1942. Grierson, who had left the NFB in 1945 to start his own film company in New York, was called back to Canada twice to testify before the Commission where he was questioned extensively about the political views of other employees at the NFB. Grierson was never charged with a crime, but the public spotlight fuelled the perception of the NFB as a hotbed for communist activity and several employees were forced to resign. ==Aftermath==