*************************************************************************** Will Zuzak; DESCROCK.007 = 1995-02-05 Gazette editorial; 1995-02-13 *************************************************************************** Dear subscribers: Despite my best intentions, I never found enough time and energy to respond to the following editorial in the Sunday, February 5, 1995 issue of the Montreal Gazette. Sadly, the Gazette continues promoting the subversion of Canada's system of jurisprudence in the manner that has occurred in the United States. ============================================================================= Editorial Page Editor: Jennifer Robinson; Editor in Chief: Joan Fraser; Managing Editor: Raymond Brassard; President and Publisher: Michael Goldbloom Too soft, too slow on war crimes ----------------------------------------------------------------------------- Having seen its modest efforts to prosecute suspected war criminals fail miserably, Ottawa is now pursuing a less satisfactory but more promising option . This past week, Justice Minister Allan Rock announced that deportation proceedings would be started against four Toronto-area residents who, according to war-crimes investigators, hid important information about their wartime activities in order to enter Canada. The three who are Canadian citizens would first be stripped of their citizenship. The plan is a good one, as far as it goes. But it does not go far enough. In announcing the proceedings against the four, Mr. Rock said that Justice Department investigators believe they have the goods on 12 people suspected of World War II-era war crimes. Given Ottawa's unsuccessful efforts to take action against war criminals (with the exception of its successful 1992 deportation of Jacob Luitjens), the onus should be on the government to make up for lost time and go after all 12. Mr. Rock has suggested that the major reason Ottawa is starting with only four cases is that those four will establish precedents that will smooth the way for the others, which will be pursued in the next couple of years. One might think that the Luitjens case would provide ample precedent. But federal officials say that the case, while helpful, still leaves some legal issues to be addressed, partly because of changes to immigration forms and questions over the years. Perhaps. But another reason for the slow start is that Ottawa evidently is not willing to commit the resources to going after all 12 cases at once. The Justice Department's war-crimes unit is to be cut to 11 employees from 24 on March 31; and that is on top of substantial cuts that already have been made. Obviously, those cuts cramp Ottawa's ability to go after suspected war criminals. Mr. Rock acknowledged that money was a factor, though he said it was not the main one. However Jewish groups say they were told by federal officials that a "lack of human and financial resources" was a key reason why Ottawa is not pursuing all cases immediately. If that is indeed the real reason, it is outrageous. Things have come to a sorry state indeed if Ottawa cannot afford to bring criminals to account; that is one of the most basic roles of government. It is easy to understand the frustration of Jewish groups and others who want to see justice done. About eight years have now passed since a federal inquiry led by Justice Jules Deschenes recommended the prosecution of 20 suspected war criminals living in Canada, and the investigation of 218 others. no one has yet been convicted in Canada under the new war-crimes law. Worse still, it looks as if no one ever will be. The court rulings in the Imre Finta case all but preclude any successful prosecutions of suspected World War II-era war criminals in the future. Mr. Finta had been charged in connection with the 1944 deportation of thousands of Hungarian Jews to Nazi death camps. He was acquitted by a jury. In upholding the acquittal, the Supreme Court of Canada set criteria for conviction that would be practically impossible to meet. Ottawa's only success against a war criminal was its deportation of Mr. Luitjens, who was wanted in his native Holland for having collaborated with the Nazis. Deportation seems to offer the best prospects for seeing that at least some measure of justice is meted out to war criminals, and for ridding Canadian society of those undesirable elements. The suspects are entitled to court hearings. But the legal tests that apply are less onerous on Ottawa than the ones needed to bring a criminal conviction. Federal officials merely have to prove that someone withheld information about their past that would have been grounds for barring their entry into Canada had Canadian officials known about it. Ottawa shoud press ahead with all 12 cases. Given the advanced ages of the suspects, time is of the essence. Ottawa should not allow war criminals to spend their last days in Canada. ------------------------------------------------------------------------------ Gazette, Montreal, Sunday, Feb. 5, 1995 page B-1 *************************************************************************** Will Zuzak; DESCROCK.007 = 1995-02-05 Gazette editorial; 1995-02-13 ***************************************************************************