Letter to Lucienne Robillard
March 4, 1998
Mr. Renald Dussault
Legislative Review Secretariat
Dept. of Citizenship & Immigration
Jean Edmonds Tower North, 6th floor
300 Slater Street
Ottawa, Ontario K1A 1L1
E-mail: [email protected]
Fax: (613) 946-0581
Dear Mr. Dussault:
It is my understanding, that a so-called Legislative Review Advisory Group (LRAG),
presumably consisting of Robert Trempe, Susan Davis and Roslyn Kunin,
has submitted a report to the Minister of Citizenship and Immigration, Madame Lucienne Robillard.
An acquaintance has Emailed me recommendation # 137, which presumably states:
137. The Immigration and Citizenship Act should include a provision
to the effect that revocation of citizenship should result,
without appeal rights, in loss of all status in Canada and
subsequent deportation in cases of:
(a) a criminal conviction for war crimes or crimes against
humanity committed before citizenship was granted,
(b) a finding that the person was a war criminal or had
committed crimes against humanity, or
(c) fraud because of membership in an organization involved
in war crimes or crimes against humanity.
The authors' explanatory note justifying the above recommendation presumably states:
"2. War Criminals
The failure of the citizenship and immigration systems to deal
with war criminals in a quick, efficient manner has become apparent
in the past few years. We received a powerful message during our
consultations and in the written submissions that the public concern
in this regard is strong and unanimous.
Persons found to be war criminals or to have been members of
organizations involved in war crimes or crimes against humanity must
be removed from Canada as quickly as possible. We do not believe
that persons dealt with as war criminals under the Citizenship Act
should also have a right to full process, including appeal and
review rights, under the Citizenship Act and the Immigration Act.
Given our recommendation that the Citizenship Act and the Immigration
Act be consolidated, we believe that it would be possible to merge
the two processes so as to swiftly achieve the single goal of removing
war criminals from Canada."
I strongly object to recommendation #137 on several grounds:
(1) Revocation of citizenship (or denaturalization)
First of all, there can be only one category of Canadian citizenship (whether natural-born or naturalized). One must not differentiate between Canadians, who arrived as immigrants and acquired citizenship from those who were born in Canada. All Canadians share the same rights and responsibilities. Neither category can be subject to denaturalization.
Secondly, all Canadians must be equal before the law. A person convicted of a criminal offence in a criminal court of law in front of a jury of 12 peers faces the legal penalties imposed by the criminal code of Canada. In this manner, justice is served. Denaturalization has nothing to do with justice. In fact, it is a blueprint for injustice.
(2) Right of appeal
The right of appeal is one of the fundamental tenets of our legal system. It provides some measure of protection against errors and against corruption within the prosecution and the court. Checks and balances within our legal system are absolutely necessary and must be maintained.
(3) War crimes, crimes against humanity
What is a war crime or a crime against humanity? Does a war crime refer to the bombings of civilians and refugees in Germany by Canadian pilots? Or, perhaps, Japanese civilians by the Americans? Would not the massacre of 250,000 Iraqi citizens during the 1991 Gulf War qualify? How would you categorize the Ukrainian Famine of 1933? Tobacco companies could certainly be considered to be perpetrating crimes against humanity. So could firms producing alcohol, such as Seagrams. What about abortionists? Polluters?
Subsection (b) refers to a "finding". A finding by whom? The only "finding" of relevance must be the Canadian criminal court system.
Subsection (c) is both morally and legally absurd. Does membership in the Liberal Party of Canada qualify in this category? Does this constitute a criminal act punishable by the criminal code of Canada? To suggest that membership in an organization is evidence that a person committed some criminal act is simply monstrous. Perhaps, we should insist that membership in the Israeli army is proof-positive that the soldier is guilty of torturing and killing Palestinians.
The only definition of "fraud", that is relevant in this recommendation, is that of the Sixth Circuit Court of Appeals, which ruled that the Office of Special Investigations (OSI) was guilty of prosecutorial misconduct constituting fraud on the court in obtaining the denaturalization and extradition of John Demjanjuk to Israel. (See http://www.ukar.org/sixframe.htm and http://www.ukar.org/matia01.shtml )
Of even more concern to me is the authors' explanatory note, since it indicates the source of their recommendation. The OSI has been using denaturalization and deportation to persecute their victims in the United States since 1978. This abrogation of justice has been supported by the leading Jewish lobby groups in the United States (AIPAC, WJC, JDL, Wiesenthal Centres, etc.) and in Canada (CJC, B'nai Brith). During the Deschenes Commission hearings (1984-87), the OSI was instrumental in influencing Justice Deschenes and corrupting his Report. The material in this recommendation appears to come directly from that source.
In 1987, I wrote a Critique of this Report and have since posted it on the Internet at /tp/wllzzk/deschene005.html . Below, I have appended an excerpt from the Critique, which in itself is an excerpt from Chapter I-7 of the Deschenes Report related to denaturalization and deportation (pages 136-239, recommendations 29 to 53):
p172 - Quoting William Mandell, Nazi Persecutors in the United
States: Proposed Consolidation of the Denaturalization and
Deportation Proceedings, 1985, Boston College, pp2-3:
"Under current immigration and nationalisation (sic) law, it is not
possible to combine these two processes. Together, excluding time
delays and the actual implementation of the alien's departure,
these two procedures can take up to seven years to complete."
p173 - "... the duplication and repetitiveness of evidence, the
expense and delays involved, create a serious impediment to the
efficient and fair administration of justice."
"One way of avoiding such an unfortunate result would be -
at least in the case of Nazi war criminals - to consolidate
denaturalization and deportation into a single set of procedures."
"Denaturalization denies any right of judicial appeal: why
not apply the same rule to deportation?"
Thus, it is quite likely that the LRAG is simply quoting the propaganda of the OSI, which has been corrupting Canada's judicial system since 1980.
LRAG claims that they "received a powerful message during our consultations and in the written submissions that the public concern in this regard is strong and unanimous". Could you please obtain and send to me, the dates of these consultations and the people consulted, as well as copies of the written submissions? Also, please send me a copy of the LRAG Report with its 172 recommendations.
I will attempt to send this letter to you via Email, as well as by postal mail.
2845 Allenby Way
Vernon, BC V1T 8R3
Email: [email protected]