Will Zuzak; DESCROCK.009 = Montreal Gazette of 1996-07-05; 1996-07-06
Dear Reader:
        Appended below is an article from the July 5, 1996 issue of the
Montreal Gazette concerning the denaturalization and deportation of
war-crimes suspects from Canada.

        During the evening of July 4, 1996, the item was given extensive
coverage on the CBC 6:00 p.m. Radio News, the CBC 6:30 p.m. As It
Happens, the CBC TV 10:00 p.m National News and the CTV 11:00 p.m. News.
Some of the people that I recall being interviewed and/or film clipped
were David Matas, John Sims, Irving Abella, Jedwab, ....

        Although I was relieved that Ted Thompson of the Canadian war
crimes unit and Justice Isaacs were reprimanded for their brazen attempt
to subvert the Canadian justice system, I was apalled by the completely
one-sided news media coverage. The accused victims were defamed and
libelled as being mass murderers, when there is absolutely no credible
evidence to support this accusation. None of the lawyers for the accused
were interviewed to explain their side of the story.

        Even more apalling was that no one questioned the
appropriateness of the Justice Department's new strategy of
"denaturalization and deportation", which has nothing to do with justice
at all and, in fact, can be shown to be a blueprint for injustice. Many
of my postings on this subject have been archived at the www website
http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/ . The files
DESCROCK.001 to DESCROCK.007 are especially relevant to the
"denaturalization and deportation" issue (as well as the critique of the
Deschenes Commission Report, DESCHENE.005).

        The whole issue has become dangerously politicized. It is time
that the Chretien government, in general, and Justice Minister Allan
Rock, in particular, be held responsible for allowing "denaturalization
and deportation" to make a mockery of Canadian justice.

Will Zuzak
Judge halts case against war-crime suspects
'Serious breach of judicial independence,' Federal Court decides
by Stephen Bindman
Southam Newspapers
OTTAWA - Canada's efforts to deport suspected Nazi war criminals
suffered another major blow yesterday when a judge halted cases against
three Ontario men because of a "serious breach of judicial

Justice Bud Cullen of Federal Court was sharply critical of a
"clandestine" meeting between his own chief justice and a top federal
lawyer over the slow pace of war-crimes cases.

"The public must be assured that anyone coming before this court will be
treated fairly and that the government or another powerful party will
not enjoy a special advantage," Cullen wrote in his ruling.

"In my view, this affront to judicial independence is the clearest of
cases and a stay of proceedings will be granted."

At issue was a meeting between Chief Justice Julius Isaac of the Federal
Court of Canada and Ted Thompson, assistant deputy minister of justice.

On March 1, [1996], Thompson took the unprecedented step of complaining
in writing and in person to Isaac about the slow pace of Associate Chief
Justice James Jerome, who was hearing the three war-crimes cases and a
fourth related appeal.

Thompson said Jerome's foot-dragging was threatening cases against 12
suspected Nazi war criminals living in Canada and, as a result, the
federal government was considering referring the legal issues to the
Supreme Court of Canada to speed up the cases.

Isaac then spoke to Jerome and reported back to Thompson that both were
anxious to avoid a Supreme Court reference and would move quickly.
Opposing lawyers were informed about a week later that the meeting had
taken place in their absence.

After news of the meeting became public, Jerome withdrew from the cases
and lawyers for the three men brought their application to stay the
denaturalization proceedings before the new judge, Cullen.

In his ruling, Cullen said the pressure brought on Jerome was
"especially egregious" because it came from Isaac, the chief justice.

"This is not an instance where a judge of equal rank expressed his or
her ideas on a pending case or gave unsolicited advice to another judge.
Here the information came directly from the head of this court, on the
urging of a senior government official who acts for one of the parties."

Isaac has declined comment. In an earlier statement, he said the meeting
was called at his request.

Ottawa was trying to strip the three men - Helmut Oberlander, 71, of
Kitchener, Erichs Tobiass, 84, of Toronto, and Johann Dueck, 76, of St.
Catherines - of their citizenship and then deport them for allegedly
lying about their Nazi pasts when they entered Canada.

Lawyers for a fourth suspect have also asked for a stay of proceedings
and arguments in that case resume July 18.

Jewish groups were furious at the latest setback in attempts to deal
with suspected Nazi war criminals living in Canada and urged Ottawa to

David Matas of B'nai Brith Canada called the ruling "outrageous".
"There's a total disproportion between the wrongdoing in this case, if
there was any, and providing an immunity to mass murder," the Winnipeg
lawyer said.

Meanwhile, in Waterloo, Ont., the German-Canadian Congress said many
people in the community were strongly opposed to the way Ottawa is
handling the case of Oberlander.

"There's a lot of support (for Oberlander) out there. The subject comes
up again and again," said Ernst Friedel, district representative of the
Ontario branch of the congress and manager of its office in Waterloo.

Because of a steady stream of calls about his case and queries about its
stance on accused war criminals , the German-Canadian Congress issued a
public statement last week.

"We've usually been very quiet," Friedel said. "This is the first time
we're taking a stand (on such an issue). We think this is unfair

In its statement, the congress says all war crimes should be prosecuted,
but only in a criminal court of law.

Cyrus Reporter, a spokesman for Justice Minister Allan Rock, said the
government takes the ruling "very, very seriously and will look at the
possibility of appeal." "We will leave no stone unturned in our efforts
to ensure that Canada is not a safe haven for suspected war criminals,"
Reporter said.

Despite yesterday's ruling, Justice Department lawyer John Sims said a
denaturalization case will be started in Federal Court "in the next few
days" while another will begin this summer.

Rock has admitted the "troubling" meeting between Isaac and Thompson was
improper and asked retired Ontario chief justice Charles Dubin to
investigate it.

The Canadian Judicial Council is also investigating the actions of
Jerome and Isaac, and Thompson has taken a leave of absence pending
Dubin's private inquiry.

The Criminal Code was amended in 1987 to allow the criminal prosecution
of in Canada of war crimes committed elsewhere, but none of the four
cases launched ended in conviction.

After an unfavourable Supreme Court ruling, Ottawa shifted strategies
and is attempting to deport suspects for hiding their war-time
activities when they came to Canada.
Southam News, additional reporting: Kitchener-Waterloo Record
Gazette, Montreal, Friday, July 5, 1996; page A12
Will Zuzak; DESCROCK.009 = Montreal Gazette of 1996-07-05; 1996-07-06