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Will Zuzak; DESCROCK.010 = Action on Nazi suspects halted; 1996-07-06
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Dear Reader:
	The following article from the July 5, 1996 issue of the Toronto
Globe and Mail illustrates, even more graphically than my previous
posting, the creeping corruption of the Canadian war crimes unit of the
Department of Justice under the auspices of Justice Minister Allan Rock.

Will Zuzak
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                    Action on Nazi suspects halted
                            ________________
                    Ruling upbraids Chief Justice


                    by Kirk Makin [Justice Reporter]

                       The Toronto Globe and Mail

                         [Friday, July 5, 1996]

p. 1/

Deportation cases against three men suspected of being Nazi war
criminals were abruptly halted yesterday in a ruling that affirmed the
independence of judges but dealt a staggering blow to Canadian attempts
to prosecute war criminals.

Mr. Justice Bud Cullen of the Federal Court of Canada said the Chief
Justice of his own court was "egregiously" wrong to discuss the cases in
private with assistant deputy attorney-general Ted Thompson.

"The public mind 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," Judge Cullen said.

He acknowledged that the genocidal practices of the Nazis and their
collaborators were heinous and should not go unpunished. But on the
other hand, he said, the breach of judicial independence in the case was
unprecedented and could scarcely be clearer.

"The fact that these crimes are so serious snd carry with them such
moral [disapprobation] also demands that the judge who hears them is
convinced by the evidence alone, and NOT BY PRESSURE THAT WAS BROUGHT TO
BEAR BY ANY OUTSIDER [emphasis added, as it will continue to be to
underscore telltale commentaries throughout the transcription of this
article]," Judge Cullen said.

At the heart of the dispute was a meeting held on March 1 between Mr.
Thompson and Chief Justice Julius Issac during which they discussed the
timing of denaturalization cases against Helmut Oberlander, Johann Dueck
and Erich Tobiass.

Mr. Thompson warned that since the court seemed either "unable or
unwilling to proceed with the cases expeditiously," the government was
seriously considering going over its collective head to the Supreme
Court of Canada by way of a reference case.

Chief Justice Isaac reported back later the same day to Mr. Thompson
that he had spoken about the matter to the presiding judge, Associate
Chief Justice James Jerome. He said Judge Jerome FELT CHASTENED AND
WOULD IN FUTURE GIVE WAR-CRIMES PROSECUTIONS THE HIGHEST PRIORITY.

              Meeting involving Chief Justice 'patently wrong'

p. 5/

In his ruling yesterday, Judge Cullen said any reasonable person would
read Judge Jerome's sudden enthusiasm for hurrying future cases--AN ACT
THAT MIGHT BE TO THEIR DETRIMENT--as being directly linked to Mr.
Thompson's visit.

Mr. Thompson and Chief Justice Isaac MUST SURELY HAVE BEEN AWARE that
their meeting and discussion "were PATENTLY WRONG," he noted.

Worse still, he said, the incident was not simply a case of a judge of
equal rank gratuitously expressing his opinion to a fellow judge. 
"Here, THE INFORMATION CAME DIRECTLY FROM THE HEAD OF THIS COURT ON THE
URGING OF A SENIOR GOVERNMENT OFFICIAL WHO ALSO ACTS FOR ONE OF THE
PARTIES."

Judge Cullen said a reasonable person viewing the sequence of events
would further conclude that all other judges of the Federal Court would
have borne the same taint had the war-crimes cases been reassigned to
them.

In arguing for a stay of proceedings, defence counsel Donald Bayne,
Gesta Abols and Robert McGee maintained that THE CLANDESTINE MEETING WAS
A NAKED ATTEMPT BY THE GOVERNMENT TO HAVE JUDGE JEROME REMOVED FROM THE
CASE. They said the Justice Department was furious over several
technical rulings that had gone against them.

"I don't want to speculate what this will do to the careers of the Chief
Justice or the assistant deputy attorney-general," Mr. Bayne said in an
interview yesterday. "That is an issue for others to decide.  But I
really do believe this vindicates our system of justice."

A representative of the Justice Department said yesterday that the
department is studying the decision before deciding whether to appeal.

Representatives of the Jewish community were infuriated. They said the
delays inherent in the appeal process will ensure that Mr. Oberlander,
Mr. Dueck and Mr. Tobiass need have no further fear of losing their
Canadian citizenship.

"This could be the end of war-crimes prosecutions in this country," said
Irving Abella, president of the Canadian Jewish Congress. "I'm offended
and I'm angry. People who ALLEGEDLY have the blood of thousands of
people on their hands will walk free and live off the fat of the land."

Mr. Abella said Canadians should picture the outrage they would have
felt had multiple killers Paul Bernardo or Clifford Olsen been freed
SIMPLY because a lawyer asked a judge to speed their cases along.

However, Judge Cullen said: "It is not sufficient to that the
respondents' cases are of such importance to Canadian society that the
transgressions of the Chief Justice of the Federal Court and the
assistant deputy attorney-general should be overlooked.

In my view, the fact that the accusations against the respondents are so
serious demands a very high level of judicial independence."

He also said THERE IS NOTHING TO SUGGEST THAT JUDGE JEROME WAS, IN FACT,
MOVING UNUSUALLY SLOWLY OR NEGLIGENTLY on the cases. Still, the
government HAD THE OPTION of quietly pursuing a reference to the Supreme
Court.

"To approach the Chief Justice of the Federal Court WITHOUT NOTICE TO
THE PARTIES OR TO ISSUE A VEILED THREAT of a reference to the Supreme
Court is not the solution," Judge Cullen said.

In the wake of the judgement, one of the chief questions outstanding is
WHETHER MR. THOMPSON ACTED ALONE OR AT THE BEHEST OF THE DEPUTY JUSTICE
MINISTER HIMSELF.  While the incident was virtually ignored by the press
at the outset, the proceeding began to attract attention in its final
stages. In early June, Justice Minister Allan Rock reacted to the heat
by appointing former Ontario chief justice Charles Dubin to conduct an
inquiry. He has not yet reported his findings.

In addition, Mr. Thompson went on temporary leave and referred his
actions to the Law Society of Upper Canada for a ruling on whether it
constituted professional misconduct.

The Justice Department, which disclosed the meeting between Mr. Thompson
and Chief Justice Isaac to the defence a week after it happened, has
admitted that IT SHOULD NOT HAVE TAKEN PLACE.

The stay of proceedings in the three cases adds to A STUNNING RECORD OF
FAILURE IN DEALING WITH ACCUSED WAR CRIMINALS. Foiled in its attempts to
prosecute suspects, the government turned a couple of years ago to
denaturalization and deportation proceedings.

"They have been EXTREMELY POOR CASES," Mr. Bayne said yesterday. "There
is a legitimate interest in prosecuting war crimes, but these cases are
AT A POINT WHERE THE ENDS NO LONGER JUSTIFY THE MEANS."

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Will Zuzak; DESCROCK.010 = Action on Nazi suspects halted; 1996-07-06
Forwarded courtesy Orest Slepokura
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