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Will Zuzak; DESCROCK.003 = Gazette; 1994-03-28 letter to; 1994-08-19
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Dear UKES and s.c.u netters:
The following article appeared in today's Montreal Gazette. My
views on the subject are expressed in the appended letter I wrote to
the Gazette on 1994-03.28. Sadly, the Gazette declined to publish it.
Canadian jurisprudence is being corrupted in exactly the same
way as has occurred in the United States with the Office of Special
Investigation. The Sixth Circuit Court of Appeals has ruled that the
OSI was guilty of "prosecutorial misconduct" constituting "fraud on
the court" in obtaining the denaturalization, extradition and
deportation of John Demjanjuk to Israel in 1986.
With deep concern
Will Zuzak; 1994-08-19
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8 war-crimes deportations urged
Stephan Bindman; Southam News
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OTTAWA - Federal war-crimes investigators are recommending that the
government kick out of Canada at least eight suspected World War II Nazi
collaborators.
Southam News has learned that formal recommendations from the Justice
Department's war-crimes unit will shortly be sent to Immigration Minister
Sergio Marchi.
Officials in Marchi's department have already received preliminary
reports on the eight cases and have asked for further information.
Sources say war-crimes prosecutors believe they have sufficient
evidence that the eight either lied or concealed information about their
wartime activities when they entered Canada.
Of the eight, sources said two are landed immigrants and can face
immediate deportation hearings. The other six are Canadian citizens and
must first be stripped of their citizenship by the cabinet. That can
involve lengthy hearings in the Federal Court.
The suspects, most of whom now live in the Montreal-Toronto corridor
are alleged to have collaborated with the Nazi occupying forces in Eastern
Europe during the war.
After the war, potential immigrants to Canada were questioned by the
RCMP.
"The RCMP's role in Europe in screening all of these individuals was to
ensure that no war criminals got into the country," said a source familiar
with the cases.
"They asked a series of very pointed questions of people who were in
the age group and of the sex that might have been involved in war crimes -
what did you do during the war, who were you with?
"If they had answered truthfully, based on what we know about them now
, they would have been excluded (from Canada)."
The source said prosecutors hope to prove the suspects were members of
a collaborationist organization involved in committing war crimes, "and in
some cases there is some evidence that the person participated themselves."
Peter Kremer, head of the unit, confirmed that recommendations have
been formulated but refused to reveal details.
The war-crimes unit hopes to make several other recommendations for
action over the next few months, sources said.
The unit has been investigating 18 "high-priority" cases but has all
but given up hopes of launching criminal prosecutions because of a recent
ruling by the Supreme Court of Canada.
The top court, in upholding a jury's acquittal of retired Toronto
restaurateur Imre Finta, has made criminal prosecutions virually impossible
, legal experts said.
Jewish groups, frustrated with the slow pace of criminal prosecutions
, have repeatedly urged Ottawa to instead consider deportation and
denaturalization of suspected war criminals.
No one has been convicted since the Criminal Code was amended in 1987
to allow prosecution in Canada of war crimes committed elsewhere.
The only case still before the courts involves an elderly Windsor, Ont
., man charged with war crimes committed in German-occupied Yugoslavia. A
hearing to determine whether Radislav Grujijic is fit to stand trial is
scheduled to continue next month.
In 1992, retired University of British Columbia botany instructor
Jacob Luitjens was stripped of his citizenship and ordered out of Canada
for lying about his Nazi past.
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Gazette, Montreal, Friday, August 19, 1994 page A1
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March 28, 1994
Letters to Editor
The Gazette
250, ouest rue St-Antoine
Montreal, Quebec H2Y 3R7
Fax:(514)987-2399
Dear Sirs:
The author of the Friday, March 25, 1994 editorial in the
Montreal Gazette titled "Don't let up on war criminals" bemoans
the fact that, under Canada's rigorous system of jurisprudence,
it has thus far proved impossible to incarcerate people who have
been accused of causing the death of Jews during World War II.
Mssrs. Finta, Pawlowsky and Reistatter have been deemed innocent
by our judicial system, Mr. Grujicic is scheduled to have his day
in court in the near future.
The author then goes on to suggest that the solution is to
bypass the courts completely and "to denaturalize and deport
those who were admitted to Canada on false pretences". First of
all, on the basis of this criterion, one would be required to
denaturalize and deport a large fraction of immigrants, including
Jews, who have become Canadian citizens.
Secondly, in the spring of 1987 following the submission of
the Deschenes Commission Report, then Justice Minister Ramon
Hnatyshyn announced that the Canadian government had opted for a
"made-in-Canada solution" (i.e. Bill C-71) and that there would
be no "denaturalizations, deportations or extraditions".
Thirdly, this is exactly the disastrous route followed by
the Office of Special Investigations in the United States which,
according to the Sixth Circuit Court of Appeals, was guilty of
"prosecutorial misconduct constituting fraud on the court" in
obtaining the denaturalization and extradition of John Demjanjuk
to Israel.
In the final analysis, denaturalization and deportation is a
technicality. It has nothing to do with justice. Indeed, it has
proven to be a blueprint for injustice. Canadians must not allow
their justice system to become subverted as has occurred in the
United States.
Respectfully Submitted
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Will Zuzak; DESCROCK.003 = Gazette, 1994-03-28 letter to; 1994-08-19
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