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Will Zuzak; katriuk991130.html; 1999-11-30
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Return
CRITIQUE by Will Zuzak; November 1999
of
Judge Marc Nadon Denaturalization Verdict re Vladimir Katriuk
Date: 19990129; Docket: T-2409-96

TABLE OF CONTENTS

1. PREFACE

2. INTRODUCTION
2.1 Holocaust Industry
2.2 Denaturalization and Deportation
2.3 Old Boy's Club
2.4 Summation of Katriuk Case

3. SUMMARY OF VERDICT (Links)
3.1 INDICTMENT [1] - [2]
3.2 FACTS [3] - [35]
3.3 LUCIENNE ROBILLARD'S POSITION [36] - [38]
3.4 COLLABORATION; ATROCITIES [39] - [73]
3.5 FAILURE TO DIVULGE CIRCUMSTANCES [74] - [125]
3.5.1 DOCUMENTS [74] - [111]
3.5.2 RCMP SECURITY AND VISA CONTROL OFFICERS [112] - [120]
3.5.3 DEFENSE TESTIMONY [121] - [125]
3.6 SUMMARY AND FINDINGS [126] - [154]
3.7 FOOTNOTES 1 - 19



1. PREFACE:

This CRITIQUE arises from a discussion of the denaturalization and deportation (hereafter d/d) issue with Vladimir and Maria Katriuk on Oct. 14, 1999, while on a trip to Montreal. They were shocked and devastated by the January 29, 1999, decision of Judge Marc Nadon that Mr. Katriuk be denaturalized. After hearing their story and reading Judge Nadon's Verdict, so were we.

Our interest in the war crimes issue dates back to the Deschenes Commission (1984f) and the never-ending John Demjanjuk saga (1975f). Some of our writings in these areas are archived in the Demjanjuk Files at
http://meltingpot.fortunecity.com/pakistan/83/
Of particular relevance are the critiques of the Deschenes Commission Report (DESCHENE.005) and the Wiseman Report (DEMANUK.011).

This particular document is archived as katriuk991130.html; whereas the original Nadon Verdict is katriuk990129.html. In order to allow the reader to relate to the original text of Judge Nadon, we retain the original section markings from [1] to [154] in square brackets. For the sake of brevity, most of the text associated with legal arguments and references to judicial decisions have been deleted. Also, a section referring to German military action against Communist partisans in Belarus has been deleted.

We have taken the liberty of correcting a number of spelling errors and inconsistencies: Belarus (Byelorussia); Belarusian village Evye (Yewa); Ukrainian cities of Kyiv (Kiev), Chernivtsi (Chernovsty), Pleshchenitsi, etc.; Maria Kawun (Kavoom).

In most places throughout the text, we have replaced the impersonal "the respondent" terminology with the name "Mr. Katriuk". Secondly, in order to emphasize the personal responsibility of the various politicians responsible for these political show trials, we have replaced the impersonal "the Minister" with real names such as Anne McLellan, Lucienne Robillard, etc. The names of the Ministers responsible for this travesty of justice are:
Justice and Attorney General: Alan Rock, Anne McLellan
Immigration and Citizenship: Sergio Marchi, Lucienne Robillard, (Elinor Caplan)
Solicitor General: Herb Gray, Andy Scott, Lawrence MacAulay

This Critique is not a politically correct document. We introduce and use terminology such as the Holocaust Industry (a term first used by Britain's late Chief Rabbi Immanuel Jakobovits many years ago) and Old Boy's Club to more accurately reflect the forces we believe are at play in the d/d issue. In doing so, we mean no disrespect for the millions who suffered and died (including nine million Ukrainians) in the Holocaust, nor for the thousands of Canadians who fought and died (for every Canadian that died, 200 Ukrainians died) defending the British Empire. For those that are offended by our use of these terms, we apologize in advance.

In the Introduction, we summarize the evolution of the d/d issue and the contents of the Verdict, often providing clickable links to items therein. Throughout the text of the Verdict itself, we insert (often snide and sarcastic) comments and information in square brackets [] and in the color Fuchsia. This should allow the reader to quickly differentiate between our comments and the original text.

Enjoy.

Will Zuzak; 1999-11-30



2. INTRODUCTION:

2.1 Holocaust Industry

The concept of denaturalization and deportartion (d/d) was developed by the Holocaust Industry and implemented by the Office of Special Investigations (OSI) in the United States commencing in 1979, specifically to deal with "Nazi war criminals" allegedly residing in that country. One of their earliest victims was John Demjanjuk, who had the misfortune to have a man of questionable integrity, Frank Battisti, presiding as judge. It has since been ruled that the OSI perpetrated fraud on the court in obtaining Mr. Demjanjuk's denaturalization in 1981 and extradition to Israel in 1986.

Early in the 1980s, the Holocaust Industry shifted its attention to Canada via Robert Kaplan, Solicitor General in the Trudeau Liberal cabinet, who kept trying to place war crimes on the government agenda. Their big breakthrough came with the election of the Conservative government of Brian Mulroney in 1984, who knuckled under to the Holocaust Industry and promptly established the Commission of Inquiry on War Criminals, headed by Justice Jules Deschenes. Within three years, the Deschenes Commission Report was tabled (30 Dec. 1986), the government loudly proclaimed that it had opted for the made-in-Canada solution of criminal trials rather than d/d, the appropriate legislation was passed and the Canadian War Crimes Unit was set up.

Unfortunately for the Holocaust Industry, and fortunately for the accused victims, a fundamental problem arose. Despite all the hand-waving and innuendos of the prosecution, the juries could not be convinced that the accused victims had perpetrated any crimes. There was simply no evidence! Although individual judges and individual members of the legal profession may be rather easily corrupted, a 12 person jury, no matter how simple-minded, can usually maintain its integrity and human decency. War crimes prosecutions came to a screeching halt.

The next big opportunity for the Holocaust Industry came with the re-election of the Liberals of Jean Chretien. By 1995, the Holocaust Industry had corrupted Justice Minister, Alan Rock, and Citizenship and Immigration Minister, Sergio Marchi, to abandon criminal trials and switch to the d/d formula. This was carried out by the Old Boy's Club against the express decision of the Canadian Parliament in 1987. Except the British Old Boy's Club of the 1940s has now been augmented by the addition of the French and of the Holocaust Industry.

Since 1995, the Attorney General and Minister of Justice have been Alan Rock and Anne McLellan, the Solicitor General, responsible for the RCMP, have been Herb Gray, Andy Scott, and Lawrence MacAulay and the Minister of Citizenship and Immigration have been Sergio Marchi, Lucienne Robillard and Elinor Caplan. In addition to Prime Minister, Jean Chretien, these are the politicians most directly responsible for instituting d/d.

2.2 Denaturalization and Deportation

An excellent overview of d/d in the Canadian context is given on pages 168 to 243 of the Deschenes Commission Report. (It is interesting that in this whole section, the term "collaborators" only appears once (p.182), and the term "collaboration" also only once (p. 220)). Indeed, the legal argumentation of the Judge Nadon Verdict below, appears to be a selective rehash of the material submitted and/or referred to in this section.

To illustrate the blatant hypocrisy of the tenets of d/d, we reproduce the memos of Christopher Amerasinghe (now chief prosecutor of the Canadian War Crimes Unit) dated May 27 and Sept. 30, 1983 [ibid., p. 215]:

However, if we were to prove that the Immigration application forms were in existence, and if we can call evidence, as we can, of former Immigration officers who implemented immigration policies in Germany shortly after the war, that any person declaring membership in the Nazi Party or employment in the various organizations would have been automatically rejected it would be possible to establish on a balance of probabilities that the individual concerned lied on his Immigration Application Form in order to obtain admission to Canada.

(...)

However, as a broad general principle the worst case that we could have is a case where there was no Immigration Application Form signed by the person but proof of landing in Canada only. In such a case it is my view that it should still be possible to establish on a balance of probabilities that the person gained admission to Canada by suppressing material facts, and/or by fraud and/or by false representations, and that he was not lawfully admitted to Canada and that therefore he did not fulfill the requirements necessary to obtain Canadian citizenship.

It is my view that if the standard of proof is on a balance of probabilities then it may well be possible for the Crown to discharge its onus without having to actually produce the application forms signed by the immigrant concerned but rather rely on a specimen form together with the testimony of an immigration officer stationed at the particular place where the immigrant was processed at the particular time. If on the other hand the standard of proof is held to be that which prevails in the United States of America namely, "clear, unequivocal, and convincing evidence that does not leave the issue in doubt" I doubt that the Crown would be able to establish its case.


The opposing view is illustrated in a Dec. 8, 1983, memo of Attorney General, Mark MacGuigan, to Solicitor General, Robert Kaplan [ibid., p. 216]:

All of these arguments would be based by the Crown on the assumption that every RCMP officer did what he was supposed to do in every single case, without exception. Courts may be reluctant to infer fraud on the basis of this type of evidence, particularly in cases which reach back almost 40 years.
...
The Court would then be confronted with a conflict between the Crown's evidence of general practice and the suspect's direct evidence of what was said or not said in a specific case. The latter type of evidence, if given with any degree of credibility, is ordinarily more persuasive to a judge, particularly where the judge is being asked to make a finding of fraud.


Mr. MacGuigan's reasonable reservations were obviously ignored.

That Mr. Amerasinghe's drivel be written by a member of the legal profession and, furthermore, that it be given credence by other members of the Justice Department and politicians responsible for the administration of justice and protecting the rights of Canadians is simply incredible. The intent is to bypass justice and convict the accused victim on some technicality.

Let us look at the first paragraph, written in 1983, long after "membership in the Nazi Party or employment in the various organizations" had been lifted as a cause prohibiting immigration. Whether the individual concerned lied or not becomes irrelevant. The appropriate analogy would be a Jewish person claiming to be of Aryan descent to avoid incarceration during the war, being denaturalized and deported today for having lied to the German authorities.

The second and third paragraphs are even more relevant, because the situation outlined there applies directly to the situation of Mr. Katriuk. There is no Immigration Application Form, but there is proof of landing. However, contrary to Mr. Amerasinghe's stipulation as a requirement, there is no testimony of the immigration officer stationed in Paris in 1951, who filled out Mr. and Mrs. Katriuk's immigration application form. The key terminology here is "on the balance of probabilities", which, I submit, has no place in our justice system dealing with war crimes. For the assignment of a probability in these cases is a subjective decision, as so well illustrated by Judge Nadon in his Katriuk Verdict. What Judge Nadon considers as probable, most people would consider as improbable. And it certainly has nothing to do with what actually occurred.

The implications of accepting "on the balance of probabilities" as one of the tenets of our criminal justice system are horrendous. It would encourage further deterioration of our society and our justice system. For what was once rigorous and sure as required by "proof beyond a reasonable doubt", becomes a confusing mixture of possibly, perhaps and maybe. It would encourage false charges, false evidence and innuendo in our Courts. It could also camouflage deliberate corruption of the personnel within the justice system.

As proponents of the d/d policy, the Holocaust Industry argues that denaturalization is a civil proceeding which is not restricted to "proof beyond a reasonable doubt" and in which "on the balance of probabilities" may be utilized. Our position is that even the concept of denaturalization should be eradicated from the face of the planet. And it certainly should not be a civil proceeding. Citizenship is too precious to be gambled on a subjective "balance of probabilities" decision of a single judge.

Furthermore, the Canadian War Crimes Unit was specifically set up to handle criminal acts during periods of war. To now resort to the civil proceeding of denaturalization is an admission that its creation was a mistake, that its existence is superfluous and that it should be disbanded immediately.

The Katriuk case is a perfect example of my contention (Ukrainian News, Oct. 6-19, 1999) that d/d is a blueprint for injustice:

There can be no doubt that these civil proceedings constitute a major violation of the civil liberties of the accused victim. No evidence of individual criminality is required. The victim is accused of lying during his immigration procedures, an accusation, which also cannot be proven. In essence, the outcome of the trial depends on whether the judge believes the prosecution's contention that at a hypothetical immigration hearing, a hypothetical security officer asked a hypothetical question to which the accused did not answer truthfully.

2.3 Old Boy's Club

During the glory days of the British Empire, the men who ran it would gather in their private clubs and refer to each other as "Old Boy". Despite the trappings of democracy and parliamentary debate, it was the members of the Old Boy's Club, who made the real decisions and held the real power.

The documents listed by Judge Nadon in the Verdict, as well as those in the Deschenes Commission Report, illustrate that this is a valid description of the situation concerning immigration to Canada following WWII. All the decisions were made via orders-in-council, cabinet directives and verbal instructions. There is no reference to any parliamentary debates or statutes on the immigration issue.

As far as we can ascertain from the names listed therein, all the people involved were from the British or French ethnic groups. These were the ubermenschen of the day. Immigration from these ethnic groups was relatively easy, even if they were criminals or collaborators. Even Germans were soon placed in the favored category. However, for refugees from Eastern Europe, especially those of Slavic origin, the hurdles were placed much higher. First, there was a general antipathy toward these people in Canada as suitable immigrants. Secondly, there was the fear of Communist infiltration as revealed by the Gouzenko affair. Thirdly, there was incessant propaganda by the KGB and the Holocaust Industry that these people were war criminals and collaborators.

This attitude seems to have survived to the present day.

2.4 Summation of Katriuk Case

Vladimir Katriuk was born Oct. 1, 1921, in the village of Luzhany, (now) Ukraine. In November/December 1941 he was with a group of Ukrainian Nationalists who unfurled a Ukrainian flag in Kyiv. They were arrested by the Germans, the leaders shot, and he was given the option of being sent to Germany as a forced laborer or joining the Schutzmannschaften police units. He joined the police unit and ended up guarding a flour mill in Kyiv against Communist saboteurs for about one year and guarding a Polish village in Belarus against partisans for another year. There is no evidence that he committed atrocities at either of these locations.

In 1944, his unit was transferred to France to fight against the Western Allies. His unit deserted and joined the French partisans. They fought with the French army against the Germans for several weeks until a Soviet repatriation commission arrived and demanded that these people be returned to the Soviet Union. When they refused, they were interned by the French and given the choice of either returning to the Soviet Union or joining the French Foreign Legion (FFL).

Mr Katriuk joined the FFL and once again fought against the Germans, was wounded, spent 2 months in an American military hospital, and fought once again with the Western Allies until the end of the war. The French military presented him with a medal and supporting documents for his service and bravery.

He was prepared to go to Indochina with the FFL, but because of his virulent anti-communist views got into a fight with his Spanish Communist commanding officer, who promised him that he would not return alive from Vietnam. He deserted and went back to the French partisans, who prepared false documents for him under the name of Nicolas Schpirka. With these documents he obtained his ID papers from the French authorities, found work, got married to Maria Kawun in 1948, and opened a delicatessen shop in Paris.

After receiving an invitation from friends, the Rohosky's, to immigrate to Montreal, they applied at the Canadian Consulate in Paris in 1951 to immigrate to Canada under the name of Schpirka. According to their testimony, they made three visits to the Consulate: the first visit to obtain information, the second visit to fill out the forms, the third visit to have X-rays taken. Both Mr. and Mrs. Katriuk testified that during their second visit, an employee at the Canadian Consulate in Paris filled out the immigration application form on their behalf. Mr. Katriuk insists that the employee did not ask him any specific questions about his wartime activities.

There is no record of any of these visits, nor of the immigration application form, nor of the name of the employee in question, nor of the procedures carried out at the Canadian Consulate in Paris in 1951.

They arrived aboard the steamship, Nelly, in Quebec City on Aug. 14, 1951 and a record of their landing under the name Schpirka exists. They continued to the Rohosky's in Montreal the next day and started their life in Canada. After five years of residency, they decided to acquire their Canadian citizenship, but they wanted to revert to their correct name, Vladimir and Maria Katriuk.

In 1957, they went to their priest, who took them to a lawyer, Paul Masse, who inquired at the Department of Citizenship and Immigration as to the best course to follow, who, in turn, instructed Mr. Masse that they should apply to the Department for a name change before applying for citizenship. On Oct. 17, 1957, Mr. Masse sent in the requested affidavit and in a letter dated May 13, 1958, the Department informed Mr. Masse that their request had been granted and that the name in their dossiers had been changed to Vladimir and Maria Katriuk. On May 20, 1958, the Katriuk's applied for their citizenship which was granted on Nov. 10, 1958, in a citizenship ceremony before Judge Robitaille, who was fully aware of the name change.

We emphasize that Mr. and Mrs. Katriuk applied for the name change completely openly and in good faith. They could very easily have lived the rest of their lives under the name of Schpirka.

Presumably, Mr. Katriuk's name arose during the Deschenes Commission hearings in 1985-86. Mr. Katriuk relates that the Soviet KGB visited his sisters and brother in Ukraine in the early 1980s (during the Brezhnev era). They were very rude and threatening and kept demanding a picture of Mr. Katriuk (which they did not have). There was a second, more respectful, visit during the Gorbachev era requesting information and a picture. It is my understanding that documents in Ottawa archives relating to the circumstances leading to charges against Mr. Katriuk have been made secret for a period of 25 years.

Mr. and Mrs. Katriuk were shocked when they received a letter dated August 15, 1996 from the Minister of Citizenship and Immigration (Lucienne Robillard) announcing intention to revoke Mr. Katriuk's citizenship. On August 27, 1996, Mr. Katriuk referred the case to the Federal Court of Canada (Judge Marc Nadon). In his Verdict, Judge Nadon does not reveal the dates of the trial, but he does refer to taking evidence from Savaliy Khrenov in Nizhniy Novgorod, Russian Federation on March 30, 1998.

We will not repeat the form-letter-type blanket condemnation of Mr. Katriuk by the prosecution. Judge Nadon concedes that there is no evidence that Mr. Katriuk committed atrocities or that he "voluntarily" joined the police units. However, he seems to emphasize the two terms "collaborator" and "use of false or fictitious name" as relevant issues. After a great deal of mental gymnastics, he concludes "that Mr. Katriuk was not lawfully admitted to Canada for permanent residence" and rules that Mr. Katriuk "obtained his Canadian citizenship by false representation, or fraud or by concealing material circumstances".

In the text of the Verdict below, we reject much of Judge Nadon's convoluted reasoning. We leave it to the reader to study the case and reach his own conclusions.



3. SUMMARY OF VERDICT:

3.1 INDICTMENT:
Sections [1] - [2]

3.2 FACTS:
Sections [3] - [35] outline Mr. Katriuk's life history from about 1940 to 1958. Our comments can be found following sections [4], [5], [6], [9], [14], [17], [18], [29], [33], [34], [35].

3.3 LUCIENNE ROBILLARD'S POSITION:
Sections [36] - [38] outline the charges against Mr. Katriuk, which we have deleted for the most part because of the legal jargon and repetition. We have, however, made comments in [36].

3.4 COLLABORATION WITH GERMANY AND PARTICIPATION IN THE COMMISSION OF ATROCITIES:
Sections [39] - [73] essentially present the testimony of two paid professional witnesses for the Holocaust Industry, Frank Golczewski and Manfred Messerschmidt, as to the events during the war. There is also testimony taken in the Russian Federation of Savaliy Khrenov, who was a colleague of Mr. Katriuk in Ukraine, Belarus and France.

Our comments are appended following sections [39], [42], [43], [46], [49], [51], [52], [64], [65], [73].
Of particular relevance is our dissertation on the term collaborator after section [73].

3.5 FAILURE TO DIVULGE MATERIAL CIRCUMSTANCES UPON APPLYING FOR PERMANENT RESIDENCE IN CANADA IN 1951:
We divide sections [74] - [125] into 3 sub-sections:

3.5.1 DOCUMENTS sections [74] - [111], where Judge Nadon lists all the documents related to immigration procedures following WWII, which support his verdict. Since we do not have access to the trial transcripts and exhibit numbers are not given, we do not know if these sections truly represent the exhibits submitted by the prosecution and defence, or whether they have been specifically culled to support Judge Nadon's Verdict.

We have taken the liberty of inserting other information in the chronological order to give the reader a broader insight into the sociological realities of the time.

Relevant comments are associated with sections [75], [76], [79], [80], [82], [85], [87], [88], [89], [91], [94], [95], [96], [98], [99], [101], [103], [104], [105], [107], [108], [110], [111].

3.5.2 RCMP SECURITY AND VISA CONTROL OFFICERS sections [112] - [120], which includes the rather self-serving testimony of three RCMP security screening officers and three visa control officers.

Relevant comments are associated with sections [112], [115], [116], [117], [118], [119].

3.5.3 DEFENSE TESTIMONY sections [121] - [125], which include the testimony of Mr. and Mrs. Katriuk, as well as that of Ivan Serbyn and George Hiltschuk, who were colleagues of Mr Katriuk in Ukraine, France and Canada. To get a general feel for the conditions prevailing at that time, the reader is encouraged to read these sections starting at [121].

Our standard comment is to ask whether Judge Nadon feels that Mrs. Katriuk, Mr. Serbyn and Mr. Hiltschuk should all be denaturalized and deported.

3.6 SUMMARY AND FINDINGS:
Sections [126] - [154] are where Judge Nadon presents his complicated web of reasoning to come to his unjust Verdict. We take great exception to many of his findings. Legal material associated with Brooks in sections [146] - [149], presumably lifted from the Deschenes Commission Hearings, has been deleted.

Relevant comments are associated with sections [126], [127], [128], [129], [130], [131], [132], [133], [134], [135], [136], [138], [139], [140], [141], [142], [143], [144], [145], [150], [151].

3.7 FOOTNOTES There are also comments associated with footnotes 3 and 18.

In reading over the material, the reader is urged to try to ascertain whether Marc Nadon's unjust Verdict is a result of influence of the Holocaust Industry, the Old Boy's Club, a personal antipathy towards Mr. Katriuk, a lack of mental capability, or any other reason the reader can fathom. But, of course, this determination must be done on a balance of probabilities.



3.1 INDICTMENT:
Date: 19990129
Docket: T-2409-96

BETWEEN:
    THE MINISTER OF CITIZENSHIP AND IMMIGRATION (Lucienne Robillard)
    Applicant

    - and -

    VLADIMIR KATRIUK
    Respondent

    REASONS FOR JUDGMENT
NADON J.:

[1]    On August 15, 1996, the Minister of Citizenship and Immigration (Lucienne Robillard) gave notice to Vladimir Katriuk, a Canadian Citizen, that it was her intention to request that the Governor in Council revoke his citizenship.

"... on the grounds that you have been admitted to Canada for permanent residence and have obtained Canadian citizenship by false representations or fraud ..."

[2]    On August 27, 1996, Mr. Katriuk, pursuant to paragraph 18.1(a) of the Citizenship Act, R.S.C. 1985, c. 29, as amended, wrote to the Minister [Lucienne Robillard] requesting that she refer the matter of the revocation of his citizenship to the Federal Court of Canada. On October 31, 1996, the Attorney General [Alan Rock] of Canada, on behalf of the Lucienne Robillard, referred the matter to this [Federal] Court [of Canada]. By his proceedings, the Attorney General [Alan Rock] seeks a declaration from this Court that Mr. Katriuk obtained his Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances.

3.2
FACTS:
[3]     Mr. Katriuk is of Ukrainian ancestry. He was born on October 1, 1921 in the Village of Luzhany, near the City of Chernivtsi...situated in an area known as Bukovina which was then part of Romania.

[4]    After completing Grade 6, Mr.Katriuk commenced an apprenticeship in the meat packing trade in Chernivtsi for a period of three years (1935 to 1938). For the next two and one half years, he worked in a meat factory returning to his village shortly before the arrival of troops from the Soviet Union in 1940. The Soviet troops arrived to occupy Bukovina following the pact entered into between Germany and the Soviet Union in August 1939. The Soviet occupation lasted until Germany invaded the newly created regions of the Soviet Union in June of 1941. Shortly thereafter, German troops arrived in Bukovina with their Hungarian and Romanian allies.

{4} [Judge Nadon fails to mention that during this "Soviet" occupation, the NKVD arrested thousands of people suspected of opposing the Soviet regime. These were tortured and either shot outright or sent to Siberia with or "without" the right of correspondence. (Those "without the right of correspondence" were later identified as occupants of mass graves which dotted the Carpathian landscape.) Following the German attack on June 22, 1941, in a final fit of vengeance before escaping to the east, the NKVD massacred thousands of Ukrainians being held in the various prisons throughout Western Ukraine .]

[5]    Neither the Soviet nor the German occupation was pleasant for the local Ukranian inhabitants. Professor Orest Subtelny in Ukraine A History, 2nd ed. (Toronto: University of Toronto Press, 1994), at 453, offers a vivid description of the plight of the Ukrainians during that period:
             It seemed, as Europe moved toward the Second World War, that Ukrainians had little to lose from the radical changes that it promised to bring. Still traumatized by Stalinist excesses and the increasing Polish, Romanian, and Hungarian repression in the western regions, Ukrainians had reasons to believe that any change - even that brought on by war - would favorably alter the conditions under which they lived. But those who thought so would be sadly mistaken, for although the war radically transformed the situation of Ukrainians, their plight changed from bad to worse. The collapse of Poland at the outset of the war led to the imposition in Western Ukraine of the even-more-repressive Soviet regime. But when the German invaders swept away the Soviets, they brought with them a Nazi regime that in Ukraine reached the heights of brutality and inhumanity. Caught between the Nazi and Soviet regimes and lacking, for all practical purposes, a state to protect their interests, Ukrainians were especially vulnerable to the devastation of the war and the ruthless policies of its totalitarian protagonists.             

             The War in Ukraine: Phase One             

From the Ukrainian point of view, the Second World War took place in two [three] distinct phases. The initial phase began on 1 September 1938 [1939] when the Germans attacked Poland and the Soviets occupied its eastern territories soon after. The main feature of this stage, which involved only the West Ukrainians, was the appearance in their lands of new occupying powers, the foremost of these being the Soviets [Russians]. The second phase, which will be discussed later, commenced with the German invasion of the USSR on 22 June 1941 and lasted until the Soviet expulsion of German troops from Ukraine in the fall of 1944. This phase encompassed all of Ukraine and exposed its inhabitants to the worst horrors of the war.

{5} [Judge Nadon fails to mention the even more terrifying third phase. These were the SMERSH/MVD units following in the wake of the advancing Red Army - - arresting, torturing, shooting anyone even suspected of opposing the Soviet regime and terrorizing the population into submission. It is estimated that during this phase, the repression of the inhabitants approached 60% in Estonia, 40% in Latvia and 28% in Lithuania, Belarus and Ukraine.]

[It is also the era of Ilya Ehrenberg and Vasili Grossman, of the Jewish Anti-Fascist Committee, travelling the countryside looking for evidence of atrocities against Jews. It was a symbiotic relationship made in hell. The Zionists needed atrocity stories to attract world sympathy for the creation of the forthcoming Israeli state. The Communist NKVD was delighted to torture suspected Ukrainian nationalists to confess to imagined atrocities and sign documents in a vain effort to stop the torture.]

[6]    In the fall of 1941, Mr. Katriuk, like many of his Ukrainian compatriots from Bukovina, joined a volunteer force which marched to Kyiv to, amongst other things, liberate that city, and hence liberate Ukraine. The march to Kyiv took a number of months. The Bukovinians arrived in Kyiv in November or December of 1941. In due course, the Germans who were occupying Kyiv, after a brief period of coexistence with Ukrainian nationalists, decided that Ukrainian nationalism would not be tolerated in the occupied territories. As a result, many of the leaders of the Ukrainian National Movement were either arrested or executed.

{6} [Judge Nadon is presumably referring to OUN-M (followers of Melnyk, as opposed to Bandera). According to Mr. Katriuk, the whole unit was interned, the officers were shot and the rank and file were given the option of either becoming Ostarbeiter (slave labour in Germany) or joining the Schutzmannshaft (police guard units). Mr. Katriuk chose the latter, where his duty was to guard a flour mill in the vicinity of Kyiv against sabotage by Communist partisans.]

[7]    The Germans then proceeded to form battalions in which different nationals, including Ukrainians, would serve Germany. The first battalion to be formed was Battalion 115, of which Mr. Katriuk became a member. All members of Battalion 115 were Ukrainians. Subsequently, before the end of 1942, the Germans formed Battalion 118. Approximately 100 men from Battalion 115, including Mr. Katriuk, were taken to form Battalion 118. The third company of Battalion 115 became the first company of Battalion 118. Prisoners of war captured by the Germans from the retreating Soviet armies were also recruited into this battalion. They became the second and third companies of Battalion 118. The Battalion was formed of about 500 men divided between three companies each of which was divided into three platoons. In turn, each platoon was composed of a number of units of ten to thirteen men. Mr. Katriuk was a member of the first platoon of the first company of Battalion 118 and was made a sergeant in charge of a unit. Battalion 118 was led by Ukrainian officers under the overall command of German officers.

[8]    At the end of 1942, the men of Battalion 118 were taken in trucks to the City of Minsk in Belarus. From Minsk, the battalion was sent to Pleshchenitsi. Following its stay in Pleshchenitsi, the battalion went to Evye, a Polish village, where the battalion remained for approximately one year, i.e. from the spring of 1943 to the time of the Russian advance in the spring of 1944.

[9]    With respect to the battalion"s activities while in Kyiv, Minsk, Pleshchenitsi and Evye, Mr. Katriuk, in his statement filed in response to the Minister"s summary of facts and evidence, gave the following explanation:
             13.     Mr. Katriuk was placed on guard duties in Kyiv as were his colleagues, with Mr. Katriuk recalling his particular responsibility to guard a wheat mill producing flour in Kyiv. At this time there was a great deal of sabotage and partisan activity by Soviet forces that had not all of them retreated with the general collapse of the front before the German invasion.             

             17.     In Belarus, Mr. Katriuk's particular company was sent for a period of some months to Pleshchenitsi to maintain law and order and eventually Mr. Katriuk's company was sent to the location of Evye.             

20.     Mr. Katriuk's responsibilities while posted at Evye for a period of some one year were to protect villagers and their livestock and their resources from a threatening array of partisan forces, such being right-wing Polish partisans, and left-wing Polish partisans, and Belarusian partisans, and Soviet partisans, all of which partisan groups had one need and activity in common, namely, raiding villages to secure foodstuffs in order for their own survival and continued activity.

{9} [Judge Nadon fails to explain that these Polish Nationalists, Polish Communists, Belarusian Nationalists and Russian Communists were bitter enemies -- often more interested in fighting each other rather than the Germans. The Polish Nationalists wanted to ensure that the area remained under Polish control at the end of the war, whereas the Belarusian Nationalists were fighting for an independent Belarus. Both the Polish and Russian Communists wished to impose Soviet hegemony on the region. And Judge Nadon does not even mention the Jewish partisans, who had an agenda of their own.]

[In Ukraine, the UPA (Ukrainian Insurgent Army) and the Red (Russian Communist) partisans were locked in a life and death struggle. The KGB had sent the Reds into Ukrainian territory specifically to fight Ukrainian nationalism. Their goal was to infiltrate the UPA and cause dissension amongst the Ukrainian ranks and populace. The favorite tactic of the Red partisans was to assassinate some irrelevant German functionary, for which the Germans would execute 50 Ukrainian civilians in reprisal. Certainly, they were war criminals of the worst sort.]

[10]    In his viva voce evidence, Mr. Katriuk reiterated the above statements. He testified that he had never participated in any major military operation and that he had never fired his gun in Pleshchenitsi and Evye. Mr. Katriuk's testimony was that his company"s involvement was to protect civilians against enemy partisans. Mr. Katriuk stated that he had heard of German operations which took place in 1943 but that his company had not participated in these operations.

[11]    As the Russian army advanced in the Spring of 1944, the German troops, including Battalions 115 and 118, began their retreat towards the West. At some point during the retreat, i.e. somewhere in what was then East Prussia, Battalions 115 and 118 were merged into one battalion. According to Mr. Katriuk, the newly created battalion [#62] would have had approximately 500 to 600 men.

[12]    In August of 1944, the men of the new battalion were transported by train to Bésançon, France. From there, they were taken to Valderharn, a small village where German anti-aircraft forces were stationed in large barracks built during Napoleon"s rule. The members of the new battalion were informed by their German officers that they would now be part of the Waffen S.S. 30th Grenadier Division.

[13]    Following their arrival at Valderharn, some members of the new battalion made contact with the French underground and, in particular, with what was then known as the Forces Françaises de l"Intérieur ("FFI"). One day, Mr. Katriuk and his companions were informed by German officers that they would be fighting the allies on the following day. According to Mr. Katriuk, he and his companions were waiting for an opportunity to join the French underground and, consequently, that evening, a majority of the men of the battalion defected to the French partisans.

[14]    As part of the FFI, Mr. Katriuk and his colleagues fought on a number of occasions against German troops. They were, in due course, sent to the front to fight against Germany. While they were fighting at the front, Soviet officers came to visit them with a request that they return to the "motherland". Mr. Katriuk did not want to return to Russia as he feared he would be sent to Siberia for a long period of time. As a result of Soviet pressure, Mr. Katriuk and his colleagues were removed from the front and sent to the village of Dumblair where they remained for a few days. Their weapons were taken from them and the French informed them they would have to return to Russia. After discussing the matter with French officers, they were informed that the only way they could avoid being sent back to Russia was to join the French Foreign Legion ("FFL"). Mr. Katriuk joined the FFL as did many of his colleagues.

{14} [Judge Nadon fails to examine the relevance of this episode. What was a Soviet Repatriation Commission doing in France even before the end of the war? Why would they object to Ukrainians fighting with the Western Allies against the Germans? (Earlier, Stalin had complained bitterly that the Western Allies were deliberately delaying establishment of the Western Front so as to maximize casualties on the Eastern Front.) Why would the French even contemplate acceding to their demands? The answer is that the Western Allies and the French underground were very heavily infiltrated by Soviet espionage. The Red Orchestra, led by Leopold Trepper, was in full rehearsal in Paris.]

[The Red Terror in the East had followed the Ukrainians to France. Later, in the DP camps, the refugees were under constant pressure from this Terror until they managed to emigrate to Canada, the United States, Australia, etc. They were free at last! Or so they thought. It is bitterly ironic, that this Terror now manifests itself in the likes of Marc Nadon, Lucienne Robillard and Anne McLellan.]

[15]    Mr. Katriuk was taken by train to Marseille in order to enroll in the FFL. According to Mr. Katriuk, 100 to 120 men of the merged battalions decided to return to the Soviet Union.

[16]    Mr. Katriuk officially joined the FFL in September 1944 as a private. He was one of twenty to twenty-five "volunteers" who were asked by their French commanders to go to the front to fight the German army. At the front, Mr. Katriuk was placed in charge of a machine gun and, during the course of his participation, was severely injured. He spent two and one half months in an American hospital in France.

[17]    In 1945, Mr. Katriuk again fought with the allies, this time at the Italian front near Monaco. It was during this period of time that the Second World War came to an end. Mr. Katriuk was taken from Italy to Nice, France where he rested and was then taken to barracks near Paris (at Meaux) where FFL troops were to be reorganized so as to be sent to Indochina.

{17} [Judge Nadon fails to mention that the French military awarded him with a medal and a certificate attesting to his service and bravery.]

[18]    At Meaux, Mr. Katriuk fell under the command of a Spanish sergeant. His relationship with his commanding officer was very poor and, as a result, his commanding officer informed him that it was doubtful that he would return alive from Indochina were he would shortly be sent.

{18} [According to Mr. Katriuk, after a bloody fist fight with his Communist antagonist, the sergeant promised him that he would not return alive from Vietnam.]

[19]    This threat occurred about three days before the 15th of July 1945 parade to commemorate the liberation of Paris. Mr. Katriuk was given a month"s leave and he travelled to Paris and, while there, contacted members of the French underground that he had met during the war. He informed them of his problem with his commanding officer in the FFL and asked for new identity papers in the name of Nicolas Schpirka, his brother-in-law. At that time, his sister and brother-in-law were still living in Mr. Katriuk's home village in Bukovina. Mr. Katriuk's evidence is that he changed his name because he had deserted the FFL and, if caught, would have been shot. The papers which Mr. Katriuk obtained showed his birth date to be January 1921 instead of October 1921. He chose January as his birth month because his brother-in-law was born in the month of January. It took several months before Mr. Katriuk obtained his papers in the name of Schpirka. Needless to say, Mr. Katriuk did not return to the FFL at the end of his leave.

[20]    Mr. Katriuk took his new identity papers to the municipality of Paris and was issued a "carte d"invité" valid for three months. In due course, his "carte d"invité" was renewed for a period of ten years. He then started looking for a job and found one as a butcher for a small company where he worked for approximately ten months. Mr. Katriuk then found a better paying job, again as a butcher, and remained at this new job for approximately two years following which he and two partners started a business.

[21]    One of his partners was a Frenchman that he had met at his second job and together they found a third partner, an Ukrainian from Bukovina, Ivan Serbyn. Their business was a wholesale delicatessen operation, selling headcheese, hams, sausages, etc.. At one point in time, the business had eighteen employees. Because of French laws, neither Mr. Serbyn, nor Mr. Katriuk, as foreigners, could own the business and therefore their wives were the legal owners.

[22]    Mr. Katriuk met his future wife at the end of 1945 or in the early months of 1946. Maria Stéphanie Kawun, a French citizen, lived in Paris in the 6e Arrondissement. She was born in Troyes, France on February 3, 1927. Her parents were Ukrainians who had immigrated to France in 1924. Mr. Katriuk and his wife were married in Paris on February 10, 1948. Maria Stéphanie Kawun became Maria Stéphanie Schpirka.

[23]    Although the Schpirkas had no particular reason to come to Canada, they decided to take steps to come to this country after receiving a letter of invitation from Mr. and Mrs. Rohosky, Ukrainian friends whom they had met in Paris and who had immigrated to Canada. The Rohoskys had come to France from Switzerland. In their letter of invitation, the Rohoskys informed the Schpirkas that there were a large number of Ukrainians living in Canada and that the Province of Quebec was French speaking.

[24]    Before the Schpirkas decided to take steps to see whether they could immigrate to Canada, Ivan Serbyn informed his partners that he was immigrating to Canada and, as a result, sold them his interest in the business. Sometime in the spring of 1951, Mr. and Mrs. Schpirka took the Rohosky letter to the Canadian consulate to find out whether they could immigrate to Canada. Mr. Katriuk does not remember much of the immigration process which led to his obtaining a visa. He does not remember being asked anything specific at the Canadian Consulate. He testified that he never filled out nor signed any form. He remembers seeing a doctor who asked that he have x-rays taken. He also remembers meeting an immigration officer with whom he spoke in French. Mr. Katriuk stated categorically that he was never interviewed and that he attended the Consulate on two or three occasions. Mr. Katriuk denies having been asked what he did between 1938 and 1945.

[25]    Within a matter of months, the Schpirkas obtained their Canadian visas. The Schpirkas boarded the ship NELLY at the port of Le Havre on August 6, 1951 and arrived in Quebec city on August 14, 1951. The following day, the Schpirkas proceeded to Montreal by train where they arrived at Windsor Station. The Schpirkas then took a taxi to the Rohosky residence situated in the Montreal district of Rosemont. According to Mr. Katriuk, he did not see nor was he interviewed by immigration officers upon arrival in Quebec City.

[26]    Within a matter of weeks, Nicolas Schpirka had found a job. Initially, he attempted to find a job with Canada Packers but was refused because he could not speak English. Shortly thereafter he found a job with Frontenac Packing where he was paid $0.90 per hour. He worked 40 hours a week. He then found what he considered a well-paying job at $56.00 a week. He subsequently worked with Drash H. Kosher Meats and with Hygrade where he spent his days inside a freezer. Mr. Schpirka started having problems with his legs and his doctor advised him to leave his job at Hygrade if he "wanted to walk on his feet".

[27]    As a result, Mr. Schpirka decided to help his wife, a hairdresser, who had recently opened a beauty salon. Also, Mr. Schpirka began cultivating bees on a farm owned by one of his friends. When his friend sold the farm, Mr. Schpirka bought his own farm.

[28]    In Canada, Mr. Schpirka frequented the Church of St Sophie, an Ukrainian Orthodox Church in Montreal. In 1957, Mr. Schpirka confided in his priest [Rev. Slusar] that his real name was Katriuk and that he wanted to revert to his true name. Rev. Slusar advised him to see a lawyer and suggested that he see Me Paul Massé, Q.C.. Rev. Slusar took Schpirka to see Me Massé. After having related to Me Massé the events which led him to change his name, Mr. Schpirka asked Me Massé what could be done to enable him to change his name back to Katriuk. Mr. Katriuk did not give Me Massé any information concerning his activities prior to his arrival in France in 1944.

[29]    Me Massé, after inquiring with the Department of Citizenship and Immigration (the "Department"), informed Nicolas Schpirka that the easiest way would be for him to apply to the Department for a name change before filing his application for Canadian citizenship.

{29} [As implied in section [35] below, Mr. and Mrs. Katriuk officially applied for the name change on October 17, 1957, and Mr. Masse had contacted the Department much earlier. We estimate that approximately 18 months transpired between the initial inquiry and the granting of citizenship on Nov. 10, 1958. Surely, extensive checks were made in the interim? This is the only reasonable explanation for the delay, if the Immigration Department ran as efficiently and smoothly as Judge Nadon insists. Or were the the Immigration officers still as harried and overworked as they had been during the heyday of DP immigration during the early 1950s?]

[30]    On May 20, 1958, Vladimir Katriuk and his wife signed applications for citizenship under the name of Katriuk which the Department received on May 26, 1958. In his application, Mr. Katriuk stated that he was born in Luzhany, Romania (Ukraine), that he was a Romanian citizen and that his ethnic origin was Ukrainian. He further indicated that he had entered Canada under a false name, namely Nicolas Schpirka, and had arrived in Canada on August 14, 1951 on the steamship NELLY. He further indicated the following:
Avant la fin de la 2e guerre mondiale, j"ai quitté les rangs de la LÉGION ÉTRANGÈRE de France sous les nom et prénom "Nicolas Schpirka" Ref. le dossier ED-2-37194, Immigration, Montréal. Mes nom et prénom véritables sont "VLADIMIR KATRIUK".

[31]    On October 10, 1958, the registrar of Canadian Citizenship, Mr. J.E. Duggan, wrote to the Chief, Admission Division, Immigration Branch, in the following terms:
                 Applications for Canadian citizenship have been filed by the above-named under Section 10(1) of the Canadian Citizenship Act with the Clerk of the Citizenship Court, Montreal, Quebec, May 20, 1958.             

                 Mr. and Mrs. Katriuk were lawfully admitted to Canada for permanent residence August 8, 1951, under the names of Maria Stephanie Schpirka and Nicolas Schpirka. They now state that their correct names are Marie [sic] Stephanie and Vladimir Katriuk and refer to your file number ED-2-37194.             

    Would you please advise this office of the details surrounding the correct names of Mr. and Mrs. Katriuk and, if possible, may we have a photo-copy [sic] of any documents on your file relating to their correct names.

[32]    On October 17, 1958, the following reply was sent to the registrar of Canadian Citizenship:
             1.     This will acknowledge your memorandum dated October 10th, 1958.             

             2.     These persons entered Canada under the surname "Schpirka" at Quebec, P.Q. on August 14, 1951, and were granted landing under that surname. In 1957 they approached our Montreal office with a view to clarifying their Immigration status before applying for Canadian citizenship. In an affidavit sworn to at Montreal on October 18th, 1957, Vladimir Katriuk attested that he was born on October 10th [sic], 1921 at Lujany, Bukovina, Roumania, took refuge in France in 1944 and a few months later enlisted in the French Foreign Legion under his correct name Vladimir Katriuk. He further attested that he left the Foreign Legion without permission and obtained from the French government a travel document and identity certificate under the name of Nicholas [sic] Schpirka.             

             3.     We also have on file a supporting affidavit sworn to by Maria Katriuk in which she states that she married Vladimir Katriuk, then known by the name of Nicholas [sic] Schpirka, on February 10th, 1948. She states further that she and her husband came forward under the surname Schpirka.             

             4.     We have on file an extract of registry of birth at Troyes, France, on February 3rd, 1927 of Maria Stephanie Kawun, as well as an extract of the records of marriages, showing that Nicolas Schpirka and Marie [sic] Stephanie Kawun were married on February 10th, 1948 in Paris, France.             

5.     The application of Vladimir Katriuk and his wife Maria Stephanie for amendment of our records, was favourably considered and due notation has been made to indicate that Vladimir Katriuk and Maria Katriuk were granted landing (admitted for permanent residence) at Quebec, P.Q. on August 14th, 1951.

[33]    The Department, by a letter dated May 13, 1958, advised Me Massé that Mr. and Mrs. Katriuk"s application to correct their names had been accepted. The letter reads as follows:
                 Je désire me référer à nouveau à la requête que vous avez soumise à ce bureau il y a déjà quelque temps de la part de vos clients, monsieur et madame Vladimir Katriuk, qui sont arrivés à Québec sur le vapeur "Nelly" le 14 août 1951 et qui ont été admis au pays sous des noms d"emprunt.             

                 A ce sujet, il me fait plaisir de vous informer que le Ministère, en vue des informations qui ont été soumises, a décidé d"autoriser la rectification désirée et les personnes mentionnées sont maintenant enregistrées dans les dossiers du Ministère sous leurs noms véritables, soit Vladimir et Marie[sic ] Katriuk.             

                 Veuillez agréer, cher monsieur Massé, l"expression de mes sentiments les plus dévoués.             

                             Le fonctionnaire supérieur à l"immigration             
                    Port de Montréal

{33} [Mr. and Mrs. Katriuk have the original of this letter, which we have reproduced as katriuk01.gif. It is thus not clear whether Judge Nadon obtained his copy of the letter from Mr. Katriuk or whether a copy was obtained from the Department of Citizenship and Immigration.

We emphasize that between Oct. 18, 1957, when Mr. Masse submitted the request for a name change, and May 13, 1958, when the Department granted the request, there was ample time for the Department to do background checks, which presumably they did.]


[34]    As appears from the above passage, the Department amended its records to indicate that Vladimir Katriuk and Maria Katriuk had been granted landing in Quebec City on August 14, 1951. As a result, Nicolas Schpirka and Maria Schpirka ceased to exist as far as the Department was concerned. This explains why Mr. and Mrs. Katriuk filed their applications for citizenship under their own names. On November 10, 1958, Mr. and Mrs. Katriuk became Canadian citizens.

{34} [According to the Katriuk's, the presiding Judge Robitaille welcomed them with the words (in French): "As of today Nicolas Schpirka is dead and buried. Maria Kawun Katriuk, you will get 2 photos and $5.00 so that you can have your citizenship cards." Their citizenship certificates are dated 17 Nov 1958.]

[35]    I should point out here that Mr. Katriuk"s affidavit sworn to in Montreal on October 18, 1957, to which the Department"s reply of October 17, 1958 refers at paragraph 2, is not part of the evidence.[WHY NOT?] I should also point out that Mr. and Mrs. Katriuk"s, or, rather, Mr. and Mrs. Schpirka"s, applications for permanent residence in Canada are also not in evidence since the files were destroyed by the Department in the regular course of its business at the end of the 1950s or early 1960s. [Why should Mr. and Mrs. Katriuk suffer for this?]


{35} [SUMMARY: Mr. Katriuk's evidence outlined above appears reasonably straightforward. Once his military group, striving to proclaim an independent Ukraine in Kyiv, was interned in late 1941, Mr. Katriuk had little choice but to adapt to German realities. He guarded a wheat mill against sabotage in Kyiv for about a year and guarded a village in Belarus against partisan attacks for another. There is no evidence that he was involved in any atrocities at either location. When he was transfered to France in 1944, he defected, joined the French partisans, fought for the Western Allies against the Germans, was wounded, recovered and fought again until the end of the war.

To avoid being forcibly repatriated to the Soviet Union, he joined the French Foreign Legion, got into a fight with his commanding officer, deserted, obtained false documents from the French partisans under the name of Schpirka, obtained ID cards, got married, worked, made application and immigrated to Canada in 1951 under the assumed name.

Before obtaining their Canadian citizenship, Mr. and Mrs. Katriuk openly revealed the predicament of their assumed names to their priest, to their lawyer and to the immigration and citizenship authorities. Everyone, including Judge Robitaille who welcomed them at the citizenship ceremonies, was fully aware of and approved the name change back to Katriuk.]


3.3
THE MINISTER"S POSITION:

[36]    In these proceedings, the Attorney General [Alan Rock and Anne McLellan], on behalf of the Minister [Lucienne Robillard], seeks a declaration from this Court that Mr. Katriuk obtained his Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances.

[... material deleted ...]

             47.     At the time Mr. Katriuk applied for citizenship, good character and acquisition of Canadian domicile were both conditions precedent to being granted Canadian citizenship.             

[I would submit, that Mr. Katriuk is a person of outstandingly good character and he had, indeed, resided in Canada for seven years before obtaining citizenship.]

             48.     Mr. Katriuk presented himself to Canadian authorities as a person of good character, notwithstanding his activities during the Second World War, in particular his collaboration with the Nazi regime, and his participation in operations carried out by the Schutzmannschaften battalions and the Waffen-SS.             

{36} [It is the height of irony that Anne McLellan, of all people, would question the character of Mr. Katriuk. I would suggest that the above statement be reworded slightly to read as follows:
"Mr. Katriuk is recognized by Canadians as a person of exceptionally good character, as illustrated by his activities during the Second World War, in particular his striving for Ukrainian independence, his honourable participation in the Schutzmannschaften and Waffen-SS battalions when coerced to do so by the German regime, and by participation with the French partisans against the German army with such valor as to be awarded a medal for his bravery."]


[... material deleted ...]

[37]    It is therefore the Minister"s position that Mr. Katriuk was a "collaborator", that he participated in the commission of atrocities against the civilian population in Belarus while a member of Battalion 118, that he failed to divulge material circumstances upon applying for permanent residence in Canada in 1951, including his true identity, and finally that he failed to divulge material circumstances in 1958 when he applied for Canadian citizenship.

[... legal material deleted ...]

[38]    Before dealing with the Minister"s allegations, I would like to say a few words on the standard of proof applicable in these proceedings. Once again, I am in complete agreement with the statement of the law made by Mr. Justice McKeown in Bogutin at pages 27 to 29:

[... legal material deleted ...]


3.4
COLLABORATION WITH GERMANY AND PARTICIPATION IN THE COMMISSION OF ATROCITIES:

[39]    Mr. Katriuk admits that he was a member of Battalion 115 and, subsequently, of Battalion 118. However, Mr. Katriuk takes the position, and he testified to the effect that he did not voluntarily join the battalions. He testified that joining the battalions was the only alternative to deportation to Germany. In that regard, his evidence is corroborated by Ivan Serbyn and George Hiltschuk. Both Mr. Serbyn and Mr. Hiltschuk were Ukrainians from Bukovina who marched to Kyiv in the fall of 1941 and both became members of Battalion 118. Mr. Katriuk's evidence that he did not voluntarily join Battalion 118 was also corroborated by the evidence of Mr. Savaliy Antonovich Khrenov, whose evidence I took in Nizhniy Novgorod, Russia, on March 30, 1998. Mr. Khrenov was a soldier in the Red Army. He had been called for military service in April 1941. He was part of the Soviet troops that were sent to occupy part of Poland. After Germany invaded Poland, Mr. Khrenov"s unit retreated to Kyiv where, in November 1941, he was taken prisoner by the Germans. He was placed in a prisoners of war camp from which he escaped two months later. Although Mr. Khrenov was able to hide for a while, the Germans, on three occasions, tried to deport him to Germany. Each time, he managed to escape. This is what led him to join Battalion 118 in 1942. At one point during his cross-examination, when asked what alternative he had to joining Battalion 118, Mr. Khrenov gave the following answer:
The only faith [fate] that awaited me was a rope around the neck. That was the only choice left.2

{39} [One wonders how Anne McLellan's minions divined the existence of and location of Mr. Khrenov? Under what auspices did they arrange the interview? It is important to obtain the complete documentation in this regard.]

[40]    On the issue of collaboration and war crimes, the Minister filed the expert reports of Professors Dr. Frank Golczewski and Dr. Manfred Messerschmidt. I will begin with the report of Dr. Golczewski. He received a Ph.D. from Cologne University in 1973 and subsequently studied extensively in the areas of modern and East-European history. From 1983 to 1994, he taught modern history and, since 1994, he has been a full professor of East-European history at the University of Hamburg.

[41]    In his report dated August 3, 1997, Dr. Golczewski discusses the organization of Ukrainian Nationalists, Kyiv under German occupation until December 1941, the Bukovina Battalion, the formation of local militias and auxiliary units in Bukovina, Galicia and Ukraine in the summer and fall of 1941 and the conditions for the auxiliary formations in occupied Russia.

[42]    At pages 29 to 31 of his report, Professor Golczewski writes as follows:
             Schuma3 [Militia] service was voluntary. The German military police and Security police personnel screened the militiamen they took over and the newly enlisted ones. Periodic screenings took place, because the Germans were really afraid of communist infiltrators and later of OUN propagandists as well. Especially in sensitive duty - like guarding of important objects and anti-partisan warfare - political correctness was considered to be an important point. The fact alone that ?unreliable? people were dismissed implies that nobody was pressed into Militia service.             

             As early as November 1941 an order by the Rear Land Force area Commander South stated that the auxiliaries had to serve German aims only and should not acquire the imprint of a future Ukrainian army. The infiltration of OUN propagandists should be stopped. Dean documents that in the Berdy…iv area Militia members were arrested for being affiliated with OUN. When desertions to the partisans, especially to the nationalist partisans (UPA) formed in late 1942, occurred more frequently in later years the screening and checking of possible Militia personnel intensified. The need for more local auxiliaries which was motivated by the ?necessary economic use of German soldiers? led to the recruitment of more and more POWs.             

             This situation needs some explanation. As stated before, Ukrainian POWs were recruited for auxiliary formations as early as 1941. Their motivations might have differed from those of the formerly non-POW auxiliaries. From summer 1941 until the end of winter 1941/42 Soviet POWs faced almost certain death in the German POW camps. Not only were they denied Geneva Convention POW treatment, but starvation, dying from cold and illnesses and executions of those under suspicion of pro-communist leanings accounted for millions of deaths among them. In such conditions in order to survive one was highly tempted to join a collaborationist formation such as the Militia. The ?volunteerness? of POWs becomes a farce when viewed from the perspective of highly possible death.             

             In 1942 the fate of the Soviet POWs improved somewhat. Nevertheless, I consider POW recruitment not to be ?voluntary?. This does not apply to those who joined the Militia who were not POWs, however. The main source were in the beginning independently formed militias transformed into Militia. Recruitment thereafter had to concentrate on the local population the male part of which had been reduced by Red Army recruitments and evacuations. The remaining Ukrainian men were from 1942 on under constant danger of being deported to Germany as forced labour. Joining the Militia was therefore a way to escape these labour service round-ups.             

             This was, however, still a ?voluntary?. Though life as a labourer in Germany was far from desirable, it did not imply imminent death. Service in the Militia - especially anti-Partisan warfare - could be highly dangerous on the other hand. An additional incentive to join the Militia was of a material kind. With hunger a constant feature in the occupied USSR, joining the auxiliaries meant a regular supply of food for the policeman and his family. The confiscation of Jewish goods and other articles, when ?controlling? markets and travellers offered material supplies to corrupt Militia. As the expected and promised land privatization did not occur distinction in Militia service was declared to be a way to gain ground allocations prior to an overall settlement. Power was an additional aspect. The Germans declared that they were never short of willing people to join the Militia - even later in the war, when a German victory became more and more improbable.             

I know of no case where anybody would have been pressed into Militia service. If the ?volunteerness? of the personnel is put into question it is only possible by taking into account the personal reference frame of the volunteers. Not joining the Militia meant hunger and material dearth - on one level with the regular population. In contrast, for POWs only Militia service meant escape from imminent death. This was balanced, however, by the clear understanding that a victorious Soviet Union would consider those who joined enemy para-military or military service to be traitors subject to the death penalty.

In light of the above I come to the conclusion

-     that service in the auxiliary units was voluntary. Only former POWs escaped imminent death by joining auxiliary units. For the others different incentives were a reason to make the choice they did,

-     that an oath of allegiance was not required for SSPF (Schutzmannschaft) personnel before later in 1942,

-     that the auxiliaries were armed, though different waves of disarming then took place, and that the Bukovina Kure[frac12] is said to have started out unarmed.

{42} [The conclusion of Golczewski that service in the auxilliary units was voluntary is absurd. By definition, any country under occupation is under coercion. In Ukraine, the whole populace was dragooned to help the German war effort in one way or another. Note that Judge Nadon has already ruled that Mr. Katriuk and 3 others had joined the schutzmannschaft under coercion.]

[In the testimony of Mssrs. Golczewski and Messerschmidt below, we deliberately leave the terminology "the Respondent" and "R." to illustrate how completely these "paid professional experts for the Holocaust Industry" were incorporated into the prosecution team.]


[43]    At page 32 of his report, Professor Golczewski comments on Mr.Katriuk's statement in answer to the Minister"s summary of facts and evidence. Professor Golczewski writes:
As far as the paragraphs 4-84 in the Respondent"s statement are concerned I state in the light of the above that the statements in paras 4 and 5 are correct. Para 5 is only half-true. Though the OUN set out to bring full independence to Ukraine it did so in cooperation with the Germans who were considered to be ?liberators? and allies. That is why many Ukrainian nationalists endorsed the German atrocities towards the Jewish and Polish populations, seeing in these activities a step towards ?ethnic cleansing? of the desired Ukrainian territory. This was done, because the Germans on purpose tried to foster a ?liberator"s? image. So although the sovereignty in the end was planned to be ?independent of both the Soviet Union and Nazi Germany? the OUN groups were allied with the Germans: the OUN-B until July/August 1941, the OUN-M - to which the units, with which the respondent was affiliated, belonged - in Kyiv until November/December 1941.

The Bukovinians arrived in Kyiv in September or early October 1941. It is not clear if they arrived in Kyiv right along with the German troops or some days later. Their later arrival would, however, not have been caused by the planting of mines, but by organizational priorities on the side of the OUN marching groups.

The statement of paras 8 and 95 is correct in the light of the available documentation. There is some doubt about the statement in para 106, as deportation for forced labour on a non-voluntary basis started only later in 1942. The reason given by Veryha (through only in the English summary) of his account is that the Bukovina men joined the 115th Battalion, ?not having any means by which to return to their native province of Bukovina, occupied by Roumanians?. This was not the only solution - it was a more expedient one.

{43} [Once again, Dr. Golczewski's argumentation is absurd. Even the testimony of Mr. Khrenov in section [39] contradicts his statements. The Germans had arrested the Ukrainians and shot their leaders for nationalist activity. It is inconceivable that the Germans would then let them go free to promote an independent Ukrainian state. As an alternative to continued incarceration or execution, the best way to keep them out of mischief is to send them to Germany as forced labour or to Belarus as schutzmannschaft personnel.]

[44]    I now turn to Dr. Messerschmidt"s evidence. Dr. Messerschmidt received a Ph.D. from the University of Freiburg in 1954. In 1958, he obtained a law degree from that university and a second degree in law from Stuttgart University in 1962. Since 1962, he has been employed by the Research Institute for military history in Freiburg. In 1970, he became Chief Historian and has been teaching history since then at the University of Freiburg.

[45]    In his report, Dr. Messerschmidt discusses the formation of the Auxiliary Police (Schutzmannschaften) by the Germans. The Auxiliary Police, of which Battalions 115 and 118 formed part of, were to be used, according to Dr. Messerschmidt, primarily for security and anti-partisan warfare in the occupied regions.

[46]    According to Dr. Messerschmidt, as the Ukrainians were categorized as anti-Polish and pro-German, they were to be provided with more food and given preference in the staffing of subordinate administrative positions. Thus, according to Dr. Messerschmidt, the better treatment accorded to Ukrainians made it possible to establish "voluntary units" of Auxiliary Police.

{46} [The Ukrainian Nationalists were neither anti-Polish or pro-German per se; they were simply pro-Ukrainian.]

[47]    At page 12 of his report, Dr. Messerschmidt poses the following question:
The question is whether there was force involved through coercion or the threat of deportation to forced labour in Germany.

[48]    Dr. Messerschmidt answers his question as follows:
    The forced recruitment for labour service in the Reich began only in 1942. Until then it was a matter of "attracting" people, although this was often done in a very drastic manner. Only in May of 1942, the Army High Command [OKH] demanded conditions for municipalities; through effective publicity measures by the mayors, the people should be made to understand what their duty was. However, residents were also pressed into service in the Army [Heer] Rear Area. Finally, the greatest number of forced labourers were recruited for service in the Reich in the summer of 1942, for the most part women who were employed in German households (about 800,000 Ukrainian women). These methods were continued in 1943. The "Reports from the Occupied Areas" ["Meldungen aus den besetzten Gebieten"], No. 54 of 14 May 1943) characteristically conclude: "In general it is found that no one can be motivated any longer to volunteer. However, since in certain places and areas, contingents for labourers were prescribed, one has no choice but to use force".

[49]    Later on, at page 14 of his report, he states:
The German side was aware that the prospect of a better life with the German troops was a major motive for prisoners of war. But this very circumstance shows that prisoners were not forced into collaborative service. This also would have run counter to the tendency of wanting only "reliable" prisoners.

{49} [The "prospect of a better life"? The prospect of ANY life! Of the millions of Red Army soldiers captured in 1941, about 85% perished.]

[50]    With respect to the participation of Ukrainians in the Auxiliary Police, Dr. Messerschmidt opines as follows at pages 17 and 18 of his report:
In Ukraine, the General Commissar ordered a recruitment campaign for the auxiliary forces [Schutzmannschaften] on 24 February 1942. The following conditions were established for membership:

    1.     Age: 18-45
    2.     Full physical suitability
    3.     Minimum height: 1.65 m
    4.     Appropriate general education
    5.     Good reputation (to be established by means of official certificates and witnesses).
    6.     Commitment initially only until 31.12.1942.

Special mention should be made of the Ukrainian units from which a large percentage of officers and men transferred into the Ukrainian Militia battalions. From the German point of view, these legions that had been organized for an independent Ukraine, certainly represented an anti-Bolshevist potential which could be utilized for police purposes, provided that the primary nationalist interests could be repressed. This goal was not realized with all, but with very many it could be subordinated to the struggle against Bolshevism. It would be difficult to find another explanation for the fact that the transfer was generally achieved without many problems.

According to a memorandum by the Commander of the Order Police for Ostland of 13.3.1942, the recruitment of volunteers had the effect that skilled workers were leaving their jobs to join the auxiliaries [Schutzmannschaften]. In Latvia (according to Event Report [Ereignismeldung] USSR No. 187) 8000 volunteers had applied by 30 March 1942. Volunteers were also recruited for the Lithuanian auxiliaries [Schutzmannschaften].

The general rules also provided that members of the Schutzmannschaften could file an application for discharge.

[51]    After these comments, Dr. Messerschmidt then turns his attention to Militia Battalions 115 and 118 and Mr. Katriuk's participation, on a voluntary basis, in these battalions. At pages 18 and 19, Dr. Messerschmidt writes the following:
Both battalions belonged to the area of Higher SS and Police Leader Russia South and Ukraine. For battalions in this area, the numbers 101 to 200 had been allocated.) It was thus determined that the bulk of the members were to be Ukrainians. The occupying power proceeded accordingly in Kyiv when the battalions were set up.

The question is to what extent the prescribed volunteer principle was indeed maintained.

V. Katriuk (the Respondent will hitherto be referred to as R) has claimed that he was enlisted [eingestellt] after his arrival in Kyiv (November or December 1941) and indicated that this was his only alternative, i.e. to deportation for slave labour in the Reich. He claims that soon after, Battalion 118 was formed from prisoners of war who also had the alternative to be brutally treated and to starve in the prisoner of war camp. The respondent says that he had been transferred with his company into Battalion 118. In this manner, he says, the Germans had tried to suppress the nationalist feelings of the Schutzmannschaften and that this was how they had treated the "volunteers". He says that an oath of solidarity had therefore not been requested either.

R. bases his claim that he did not join Battalion 115 voluntarily on two arguments:
    1.     the threat of forced labour in the Reich,
    2.     the claim that the prisoners of war who joined Battalion 118 had no choice other than death by starvation in the prisoner of war camp.

He describes the overall situation as if Battalions 115 and 118 had been purely compulsory units [Zwangseinrichtungen].

The above indications concerning the German policy in terms of Ukrainian nationalism speak against R"s claim. Neither does the implication hold true that the Bukovina Ukrainians in November/early December 1941 were given the alternative of doing either forced labour in the Reich or police duty. Of the 15,000, only some entered the battalions. It cannot be determined whether the rest were taken to Germany. This is unlikely, because at that time there were no scheduled deportations to forced labour, and also because volunteer recruitment was still carried out in 1942.

{51} [As argued above, if these 15,000 Ukrainians did not join the schutzmannschaft, they were either sent to Germany or remained incarcerated or were shot. It is inconceivable that the Germans would have released them on their own recognizance.]

This leads to the conclusion that the Higher SS and Police Leader [HSSPF] and the local authorities were supported by Ukrainian helpers in establishing the Militia battalions in Kyiv.

How can the Respondent"s comments be reconciled with these circumstances? Prior to the occupation of the Bukovina [Bukowina] by the USSR, R. was a Romanian citizen and a member of the Ukrainian minority. When the Wehrmacht ended the one-year Soviet rule in the summer of 1941, R. was barely 20 years old. As a non-Romanian and as a Ukrainian activist, he joined a volunteer unit whose aim was to act as a Ukrainian force to bring about an independent Ukraine. For that reason, this organization of Southwest Ukrainians marched for 3 months to Kyiv, where upon its arrival in November/December 1941 it was housed in former barracks of the USSR security forces. The trident flag was unfurled, which the German side did not allow.

[The testimony of Mr. Messerschmidt below is both troubling and puzzling. First of all, it is a historical fact that the Germans did, indeed, incarcerate, torture and shoot Ukrainian nationalists. Even poetess Olena Teliha was shot in Kyiv.

Secondly, we note that Mr. Messerschmidt is acting as a full member of the prosecution team -- presumably having participated in some interview, referring to Mr. Katriuk as the Respondent, and acting as judge and jury in his submission.]


No one mentioned that the leading Ukrainian officers in Kyiv were executed by the Germans, although questions about the instructors [Instrukteure] were raised during the interview [Vernehmung]. With this claim, R stands alone. Such action on the German side would be in contrast to the fact that the commander, the company heads [Kompaniechefs] as well as the platoon and group leaders [Zug - und Gruppenführer] in Battalion 118 were Ukrainians. In my opinion, R"s statements must be seen in connection with his position and role in the battalion. In contrast to the Ordnungsdienst unit (910 men) made up of Ukrainian prisoners of war released in Minsk, where the question of finding suitable Ukrainian leaders could not be solved, such complaints did not become known about Battalion 118. Obviously the German supervisory officers [Aufsichtsoffiziere] appointed by Decree [Erlaß] of Reichsführer SS [RFSS] of 6 November 1941 were fully satisfied with the performance and attitude of their Ukrainian comrades. R. was a Group Leader [Gruppenführer] in Platoon 1 [1.Zug] of Company 1 [1.Kompanie]. The company consisted primarily, or almost completely of Western Ukrainians. It was the best armed and can be described as the elite of the battalion. In his Group [Gruppe], R. was in charge of 10-12 men.

These indications do not fit into the picture of forced service which was painted by R. He does not mention at all that he served in Company 1 and that he was awarded a medal for his activities.

[52]    Then Dr. Messerschmidt addresses the field of operation of Battalion 118 [in Belarus].

[... material deleted ...]

{52} [This material in sections 52, 53, 54, 55, 56 refers to German military actions against partisan activity in Belarus from March to August of 1943 and attempts to implicate Battalion 118 (and, by association, Mr. Katriuk) in atrocities against the civilian population of Belarus.]

[57]    The picture painted by Dr. Messerschmidt is quite different from the story related by Mr. Katriuk. It will be recalled that Mr. Katriuk testified that his company had never participated in any major military operation. Mr. Katriuk also testified that, in Pleshchenitsi and Evye, he had not fired his gun. Further, Mr. Katriuk reiterated in his testimony what he stated in paragraphs 13, 17 and 18 of his statement in response to the Minister"s summary of facts and evidence. He added that, while in Minsk for three to four weeks, Battalion 118 underwent training exercises every day. Mr. Katriuk related the same story in regard to Battalion 118"s presence in Pleshchenitsi, that the battalion underwent training exercises every day and that it guarded its barracks and a bridge on the main road. The battalion would have remained in Pleshchenitsi for two to three months and would never have left town.

[58]    In Evye, Battalion 118, according to Mr. Katriuk, was housed in a school where the men were packed as "herrings in bunk-beds". Battalion 118 patrolled the town to show the population that it was there to protect them from the enemy.

[59]    I will now contrast Mr. Katriuk's testimony with that of Mr. Khrenov. Mr. Khrenov joined Battalion 118 in 1942. He was in the third platoon of the first company of Battalion 118. He remembers Mr. Katriuk was a member of the first company. He also remembers that Mr. Katriuk was from Western Ukraine. Mr. Khrenov confirmed Mr. Katriuk's testimony that, while in Kyiv, Battalion 118 underwent training. He also remembered that the battalion had participated in an operation against partisans outside Chernigov. He added, however, that as things turned out, the first company had not been involved in the fighting.

[60]    Mr. Khrenov then testified that the battalion had been transferred to Minsk, either at the end of 1942 or the beginning of 1943. He testified that in Minsk, the battalion underwent training. He could not remember how long the battalion had remained in Minsk. He remembered that the battalion was transferred from Minsk to Pleshchenitsi some time in 1943. He remembered celebrating Christmas of 1942 in Pleshchenitsi. When asked in cross-examination whether his company had been involved in military action while in Pleshchenitsi, Mr. Khrenov answered "of course".

[61]    Mr. Khrenov explained that the first company "wasn"t always involved in things in its entirety. Sometimes, it would be involved as a platoon or as a unit". He then added that it was difficult to remember "all these things".

[62]    He testified that he had participated in the burning of the village of Chmelevisci. When asked whether Mr. Katriuk had participated in this operation, he answered that he could not say but that he could say that the company "was there".

[63]    Mr. Khrenov also testified with respect to an incident which occurred on the road between Pleshchenitsi and Logoisk. A member of the battalion had been killed while repairing telephone lines. The first company was sent to the site of the incident. Mr. Khrenov stated that he saw dead bodies lying on the ground. Mr. Khrenov also saw woodcutters being escorted by the third platoon.

[64]    Mr. Khrenov remembers leaving the Pleshchenitsi region in the summer of 1943 "for some big operation". The battalion then went to Novogrudok. In the fall of 1943, the company went to Evye, where a number of operations were carried out. He remembers fighting partisans near the village of Morino. Mr. Khrenov remembers Mr. Katriuk as being the Commander of the first unit of the first platoon of the first company. When asked how he would describe the way Mr. Katriuk behaved during operations, Mr. Khrenov answered the following7:
Q.     And meaning he [Katriuk] was at what, the vanguard of the advancement?

A.     Well, for instance, there was an incident when he brought a partisan to the battalion where - to the place where the battalion was deployed. Then, they formed up the company in one line. And this partisan, walked along the line to recognize faces of certain people. And he recognized two (2) people, who had wanted to make contact with the partisans. And the man that Katriuk brought recognized two (2) individuals. And then, those two (2) individuals were taken away.

Q.     So, it was Mr. Katriuk who brought this person in to identify the others?

A.     Yes.

Q.     How was Mr. Katriuk viewed by his men?

A.     Well, there were always good relations. They were all fellow countrymen, and they were all friends.

Q.     Okay, in respect of the manner in which he proceeded during the operations, how was his attitude towards fighting?

A.     I didn"t go with him at all, never, but, in general, I can say he was an active participant, but, personally, I had no contact with him.

Q.     During the fighting.

A.     Well, as I said, I was always with the cannon. So we didn"t participate.

Q.     Finally, did anybody in the first company ever get medals or awards?

A.     About seventy percent (70%), not less than seventy percent (70%) of the people in the first company got awards sometime in the spring of 1944, and he also got an award.

Q.     He being?

A.     Katriuk.

Q.     Mr. Katriuk.

A.     He was also given an award.

{64} [It is rather amusing how the prosecution and Judge Nadon attempt to cast negative aspersions against Mr. Katriuk for having been awarded a medal. Medals are a very common public relations exercise within the military establishments throughout the world. It is a very cheap way to express appreciation to the "human cannon fodder" for carrying out dangerous and dehumanizing tasks. We note that Judge Nadon NEVER refers to the medal and supporting certificate presented by the French military to Mr. Katriuk in appreciation for his bravery in fighting against the Germans in France.]

[65]    To complete Mr. Khrenov"s testimony, I should state that he was also part of the battalion created from the remains of Battalions 115 and 118 which was sent to France and from which a number of men defected to the FFL in 1944. In contrast to Mr. Katriuk, Mr. Khrenov did not join the FFL and, as a result, returned to Russia. After being tried, he was found guilty of being a traitor to his country and was sentenced to be executed. After two months on "death row", Mr. Khrenov"s sentence was converted to twenty years of forced labour. After having served thirteen years in prison, Mr. Khrenov was released. He explained that Ukrainians from Eastern Ukraine were the ones that returned to Russia. The Western Ukrainians did not return. They remained in France.

{65} [If Mr. Katriuk had returned to Ukraine, Mr. Katriuk's fate would have been rather similar to that of the ethnic Russian, Mr. Khrenov. Except that Ukrainian Nationalists were viewed with even more disfavor. And in the concentration camps scattered across the vast Gulag Archipelago as documented so well by Alexander Solzhenitsyn, the survival rate of Ukrainians was substantially less than that of ethnic Russians.]

[66]    In view of the evidence of Dr. Messerschmidt and Mr. Khrenov, I find it difficult, if not impossible, to accept Mr. Katriuk's evidence that he did not participate in any important military operation while his battalion was in Belarus. That is simply not plausible. I find that Mr. Katriuk must have participated in at least some of the operations in which his battalion was involved between 1942 and 1944. Mr. Katriuk was an active member of the battalion and was in charge of one unit of platoon number 1 of company 1. Mr. Khrenov remembers him as an "active participant". I can only conclude that Mr. Katriuk, as a member of Battalion 118, took part in the operations in which his company was involved and, as a result, was certainly engaged in fighting enemy partisans.

[67]    Although I have no difficulty concluding that Mr. Katriuk participated in the operations in which his company was involved, I am not prepared, on the evidence before me, to conclude that he participated in the commission of atrocities against the civilian population of Belarus. Not enough is known to reach any conclusion. The Minister did not call any witnesses, save Mr. Khrenov, with respect to the events on which Dr. Messerschmidt relies in coming to his conclusions. The Minister called Mr. Khrenov but his evidence does not support the Minister"s contention that Mr. Katriuk committed atrocities or participated in the commission of atrocities against the civilian population of Belarus. Consequently, I am of the view that Dr. Messerschmidt"s expert evidence is not sufficient to support the conclusion which the Minister seeks. Dr. Messerschmidt is an expert historian. He relies, like Dr. Golczewski, on a number of documents in order to reach his conclusions. However, Dr. Messerschmidt, it goes without saying, has no personal knowledge of the events which he relates in his report. It would be unthinkable, in my view, to conclude, on the basis of Dr. Messerschmidt"s evidence only, that Mr. Katriuk committed war crimes. I therefore find that the Minister has not proved, on a balance of probabilities, that Mr. Katriuk participated in the commission of war crimes or that he committed such crimes. The Minister did not call any witnesses who could link Mr. Katriuk to the atrocities committed against the civilian population.

[68]    I now turn to the issue of whether Mr. Katriuk "voluntarily" joined Battalion 118. Both Drs. Golczewski and Messerschmidt are of the view that Mr. Katriuk must have voluntarily joined Battalion 118. At page 31 of his report, Dr. Golczewski recognizes that refusal to join the Militia could lead to "hunger and material dearth". He dismisses Mr. Katriuk's evidence that the only alternative to joining a battalion was deportation to Germany because "deportation or forced labour on a non-voluntary basis started only later in 1942". According to Dr. Golczewski, joining a battalion "was not the only solution. It was a more expedient one". Dr. Messerschmidt is, for slightly different reasons, also of the view that Mr. Katriuk voluntarily joined Battalion 118.

[69]    As I indicated earlier, Mr. Katriuk testified that joining a battalion was the only alternative to being deported to Germany. In that respect, I have already referred to the evidence of Messrs. Serbyn, Hiltschuk and Khrenov.

[70]    This issue is not easy to decide. For those of us who did not participate in the Second World War, or for that matter in any war, it is almost impossible to imagine the difficult choices men and women had to make during the course of that war. In the circumstances which prevailed at that time, "voluntary service" may well have been a relative term. As Professor Golczewski himself recognizes, there were many reasons why a man could have decided to join a battalion. To name a few, deportation, hunger, possible death, etc.. It must be remembered that Professor Golczewski"s opinion is all encompassing. All those who joined the battalions, save for prisoners of war like Mr. Khrenov, did so voluntarily. That cannot, in my view, possibly be true. No doubt many men did join the battalions of their own free will. It cannot also be doubted that many did not join of their own free will but did so either to avoid deportation, hunger or perhaps death. When asked by counsel for Anne McLellan why he did not leave Battalion 118, Mr. Katriuk answered by saying "where could we go? To the Red Partisans, or maybe to the Polish Partisans?".

{70} [It must be remembered that, in Belarus, Mr. Katriuk was in hostile territory. In certain parts of Ukraine, Mr. Katriuk would, at least, have had a theoretical chance of deserting and trying to reach the UPA.]

[71]    It is interesting to compare the statements made by Drs. Golczewski and Messerschmidt with those that are made by Professor Subtelny in his book Ukraine A History. At pages 471 to 473, under the heading Collaboration, Professor Subtelny writes:
Collaboration     In dealing with the Nazis, the Ukrainians had two alternatives: to obey or to resist. As throughout all of German-occupied Europe, the vast majority chose obedience. And when obedience went beyond the limits of the passive fulfillment of German commands, it usually became collaboration. In Western Europe, where loyalty to one"s state was taken for granted and the Nazis were the one and only enemy, collaboration with the Germans was generally viewed as a form of treason. But in Ukraine, collaboration was a much more complicated issue. It was, first of all, unclear as to how much loyalty Ukrainians owed to Stalin"s regime or to the Polish state that had mistreated them. Who was the primary enemy? Was it the Stalinist system, which inflicted such great suffering in the 1930s, or the Nazi regime, which was currently (but perhaps only temporarily) in power? Finally, given the extreme ruthlessness of both regimes in Ukraine, collaboration was often the price of survival for many Ukrainians.

    For Ukrainians the war posed the problem of how to make the best of what was essentially a no-win situation. From an average individual"s point of view, success generally meant the preservation of one"s life. For Ukrainian leaders and their organizations in German-occupied territories the goal - or rather, the puzzle - was how to preserve Ukrainian interests from both the Nazis and the increasingly stronger Soviets. Distasteful as it was, some Ukrainian leaders decided to side with one totalitarian system in order to withstand the other. Because the Soviets appeared to be the greater long-term threat, almost all Ukrainian organizations in the Third Reich collaborated with the Germans at one time or another, but always to a limited degree and for strictly tactical reasons. As a people without a state of their own, Ukrainians operated from a position of weakness. They were unable to formulate policy or influence events. Consequently, Ukrainian collaboration with the Nazis was insignificant compared to that of Germany"s allies. Finally, although there were opportunists, anti-Semites, and ideological fanatics among the Ukrainians, there is no evidence indicating that their number was proportionally greater than among other nationalities.

    On the individual level, collaboration with the Germans usually took the form of participation in the local administration of the German-supervised auxiliary police. Motives for taking such positions varied. In Western Ukraine, where, before the war, Poles had excluded Ukrainians from even the lowest administrative positions, the desire to have at least a minimum of authority in Ukrainian hands and to turn the tables on hated rivals was often a major motive. The need to find employment or to satisfy personal ambitions was, as always, an important consideration. The most notorious form of collaboration was to act as a concentration camp guard. Invariably, guard positions were held by Soviet prisoners of war, who had the difficult choice of accepting the task or perishing in the camps.

    Given the lowly position of Ukrainian collaborators in the Nazi apparatus and the ss monopoly on the actual extermination of Jews, Ukrainian participation in the massacres was neither extensive nor decisive. When it did occur, it usually took the form of auxiliary policemen herding Jews into ghettos. However, there were also many Ukrainians who risked the death penalty by aiding Jews. Metropolitan Sheptytsky was an outstanding example: not only did he shelter hundreds of Jews in monasteries but he also used his sermons to decry the Nazi slaughter of Jews. In 1943 an ss report to Himmler stated that the metropolitan was adamantly opposed to the Nazi anti-Semitic outrages and that he had come to consider nazism to be an even greater evil than communism.

    Aside from the abortive interlude between the OUN and the Germans in the early days of the war, the most important case of Ukrainian cooperation with Hitler"s regime on the organizational level was the formation of the ss volunteer Galicia Division. In spring 1943, after the stunning German defeat at Stalingrad, Nazi authorities belatedly decided to recruit non-German "easterners" into their forces. Consequently, Otto Wächter, the governor of Galicia, approached the Ukrainian General Committee (UCC) with a proposal to form a Ukrainian division in the German army. After much debate and despite opposition from the OUN-B, Kubijovych and his associates agreed. Their immediate reason for the creation of such a division was the hope that it might help to improve German treatment of the Ukrainians. The specter of 1917-20 was also extremely influential in persuading the UCC leadership, for Kubijovych and his associates (as well as Metropolitan Sheptytsky himself) were convinced that it was the lack of a well-trained army that had prevented Ukrainians from establishing their own state after the First World War. Realizing that the defeat of Germany was probable, they were determined that this time Ukrainians would not be caught in the ensuing chaos without a regular military force. It should be emphasized that both the Ukrainian organizers of the division and its members were motivated primarily by patriotic and anti-Soviet motives, not by pro-Nazi sympathies.

    In the negotiations leading up to the formation of the division, the UCC insisted that the unit fight only against the Soviets. Wächter, on Himmler"s instructions, demanded that the entire higher divisional command be German and, in order not to irritate Hitler, that the division be called Galician rather than Ukrainian. When the UCC called for volunteers in June 1943, over 83,000 men responded. Of these, 13,000 eventually became members of the ss Volunteer Galicia Division.

    The men of the Galician Division were not the only Ukrainians in Hitler"s armies. Scattered among the approximately 1 million former Soviet citizens who wore German uniforms in 1944 were about 220,000 Ukrainians (most of the others were Russians). To put these numbers into perspective, it should be remembered that about 2 million Ukrainians fought on the Soviet side and that large numbers also fought in Polish, Romanian, Hungarian, Czech, American, and Canadian forces. Such was the fate of a stateless people.

[72]    There is no evidence that Mr. Katriuk, prior to August of 1944, made any attempt to leave Battalion 118. This, in any event, would be most surprising since leaving the battalion might have been considered to be desertion and would perhaps have resulted in the firing squad. On the other hand, a man could leave to join the partisans and fight against Germany which, in the end, is what Mr. Katriuk did in August of 1944 when he and others joined the FFI.

[73]    On the evidence before me, I cannot accept Mr. Katriuk's evidence that refusal to join Battalions 115 and 118 necessarily meant deportation or forced labour. Rather, I am of the view that Mr. Katriuk joined the battalions for a number of reasons, possibly including better living conditions and avoiding hunger. Another possible reason for joining a battalion was that Ukrainians, at least for a short period of time, preferred the Germans to the Russians and were prepared to fight against their former oppressors. In the end, I must agree with Dr. Golczewski that Mr. Katriuk decided that joining a battalion was the lesser evil of the choices that life was offering him at that time. In reaching this conclusion, I wish to make it clear that I do not believe that Mr. Katriuk was entirely candid in relating his participation in Battalion 118. He clearly was not prepared to answer fully the questions put to him regarding his participation in Battalion 118 and, more particularly, in company number 1 of that battalion. In my view, he was only prepared to testify with respect to generalities and not to specifics. This does not, however, lead me to infer that Mr. Katriuk was trying to conceal that he had committed or participated in the Commission of war crimes. As I indicated earlier, Anne McLellan did not adduce any evidence, other than that of the expert historians, to prove her allegation that Mr. Katriuk had committed war crimes. In reaching that conclusion, I am perfectly conscious of the fact that the victorious powers, which include Canada, are the ones that decided what collaboration meant and who collaborators were. For reasons which will appear later on, this finding is not, in any event, determinative of the questions which I must answer.

{73} [We are puzzled by the flip-flop in reasoning of Judge Nadon in the above paragraph. Of course, Mr. Katriuk joined the schutzmannschaft as a lesser evil than being a slave labourer in Germany or facing almost certain death in a POW camp. Does Judge Nadon expect that the Germans would have set a bunch of Ukrainian Nationalists free?]

COLLABORATOR; COLLABORATE
In Webster's New World Dictionary (1959), we find the following definition:
collaborator, a person who works with another or others, as in writing a book
collaborate, 1. to work together: especially in reference to literary, artistic, or scientific work
2. to co-operate with the enemy; be a collaborationist

Normally, the term collaborator, suggesting that people are working together, does not carry a negative connotation. I doubt that the second definition of collaborate, to co-operate with the enemy, appeared in dictionaries prior to 1939. That definition appears to have been coined in the aftermath of WWII. In fact, in the documents from the post-war period presented by Judge Nadon below, the term collaborator first appears in the July 26, 1948 letter of Superintendent George B. McClelland, RCMP, Ottawa to Major J.A. Wright, RCMP, London. (see section [88]).

But even the definition "to co-operate with the enemy" is subjective and does not necessarily carry a negative connotation. For the enemy obviously views the co-operating person in a positive sense. Furthermore, virtually every person in German-occupied Europe co-operated with the enemy and could, thus, be labelled as a collaborator. For the occupying authority carries the power of life or death over every inhabitant. You either co-operate or you are arrested, incarcerated, tortured and even shot.

Perhaps in Britain, France, Belgium, the Netherlands and Denmark, one could obtain a general concensus (though no unanimity) as to which of their citizens were collaborators. But in Central and Eastern Europe, especially in Ukraine, Belarus and the Baltic States, the issue is far from clear. Even in present-day Ukraine, there is a raging debate between the Nationalists and the Communists as to whether members of the Ukrainian Insurgent Army (UPA) or the Galicia Division were heros or traitors. The issue is completely subjective.

For people, who were coerced to work in German-controlled police units or in the civil administration, the issue is still more murky. Should Vladimir Katriuk not have guarded the flour mill, which produced bread for both the Germans and the inhabitants of Kyiv? Should he have allowed it to be blown up by Communist saboteurs, which would have caused still more food shortages and famine in the city? And in far-away Belarus, where Mr. Katriuk guarded a Polish village from partisan attacks and is even alleged to have participated in military campaigns against partisans, should he have allowed the Communist partisans to slaughter the Polish villagers, because they would not submit to Soviet domination? And even if he did, indeed, participate in the German campaigns against the partisans, would he be in a position to know who was friend and who was foe from a Ukrainian standpoint?

The concept of collaboration can be carried to such a ridiculous extreme that a Ukrainian girl, who was raped by a German soldier, could be classified as a collaborator for providing sexual gratification to her rapist. But her sister, who was raped by a Russian soldier, would be classified as a hero of the Soviet Union.

After the collapse of the Soviet Union and the establishment of free and independent states in Central and Eastern Europe, it is the people who supported the Communists, who are considered to be collaborators.

The above discussion indicates that the issue of collaboration should not have been, and cannot be today, a criterion as to who should be and who should not be allowed to immigrate to Canada. So how and why did the "collaborator" criterion become such an important issue with Canadian politicians and bureaucrats struggling with post-WWII immigration? We suggest that it is the result of the demonic collaboration between the Holocaust Industry and the KGB/NKVD. We have already noted the collaboration between the Zionists and NKVD/MVD Smersh units in the wake of the Red Army advancing through Ukraine. After WWII, it was in the interests of both to portray prospective immigrants from Eastern Europe in a negative light as war criminals and collaborators. This negative stereotyping facilitated the forcible repatriation of Ukrainian, Cossack, Yugoslav and other refugees to the tender mercies of Stalin and Tito. It discredited the UPA struggle for Ukrainian independence, which lasted into the 1950s. It facilitated the mass migration of Jews in late 1945 to 1948 from the Soviet-controlled zone into the Allied-controlled zones of Europe from where they were allowed to immigrate to Palestine and North America.

We conclude that the term "collaborator" is not a suitable criterion for immigration purposes and should not be an issue in the d/d show trials being staged by Anne McLellan and her minions.


3.5
FAILURE TO DIVULGE MATERIAL CIRCUMSTANCES UPON APPLYING FOR PERMANENT RESIDENCE IN CANADA IN 1951.

3.5.1 DOCUMENTS

[74]    It is not disputed that Mr. Katriuk misrepresented his identity when he applied for a visa in Paris in 1951. Consequently, Mr. Katriuk concealed material circumstances when applying for permanent residence in Canada. However, by reason of his application in 1957 to have his name changed from Schpirka to Katriuk, it does not necessarily follow that Mr. Katriuk obtained his Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances.

[75]    On this issue, Lucienne Robillard's position is that there was in existence in 1951 a system which provided for screening of immigrants based on the information which they provided in their application forms and, in particular, information regarding their residences and employments from 1938 until the date of their applications. Lucienne Robillard submits that this system could only be effective if applicants provided accurate and truthful information regarding their identity and their history, as requested in the application form and reviewed during a visa-vetting interview.

{75} [The above statement presupposes that such a system existed in reality.]

[76]    Lucienne Robillard submits that, when the applicant applied to come to Canada in 1951, persons found to be collaborators were not admissible. According to Lucienne Robillard, there was a blanket exclusion in regard to "collaborators".

{76} [As we have indicated above, every human being on the planet can be defined to be a collaborator. The term does not normally carry a negative connotation. Judge Nadon himself can be fairly accused of collaborating with Anne McLellan to bring Canada's system of justice into disrepute. We have shown above that the negative connotation of the word arose from the hysteria and hypocrisy of the Second World War.]

[77]    I will now briefly review Canada"s immigration policy8 concerning the entry into Canada of "undesirable" persons and the manner in which the government chose to implement its policy.

[78]    By the end of the Second World War, Canada"s immigration policy was still subject to an order in council9 adopted in 1931 pursuant to the Immigration Act, R.S. 1927, c. 93 (the "Immigration Act, 1927"). As a result, it was quite difficult, if not impossible, for immigrants from countries other than the United Kingdom, the United States, Ireland and the Dominions to come to Canada as permanent residents. There were up to six hundred thousand displaced persons at the end of the war. Thus, Canada was not in a position to accept the large-scale immigration which resulted from the war.

[79]    From 1945 to 1947, Cabinet held many discussions with a view to "relaxing" the provisions of the 1931 order in council. In October 1945, an order in council10 was passed so as to allow refugees who had entered Canada during the war to obtain landed status. In January 1947, Cabinet decided that a number of statutes would either be repealed or amended to end racial discrimination, particularly as concerned persons of Asian origin.

{79} [Judge Nadon does not reveal who these refugees were and why they would be given favored status.]

[80]    On May 1, 1947, the Prime Minister of Canada, the Right Honourable Mackenzie King, made the following statement in the House of Commons:
    The policy of the government is to foster the growth of the population of Canada by the encouragement of immigration. The government will seek by legislation, by regulation, and vigorous administration, to ensure the careful selection and permanent settlement of such numbers of immigrants as can advantageously be absorbed in our national economy.
    ...

    Because of the limitation of transport, the government decided that, as respects immigration from Europe, the emphasis for the present should be on the admission of the relatives of persons who are already in Canada, and on assisting in the resettlement of displaced persons and refugees.
    ...

    The government is sending immigration officers to examine the situation among the refugee groups, and to take steps looking towards the early admission of some thousands of their number. In developing this group movement, the immigration branch and the Department of Labour will determine jointly the approximate number of persons who can be readily placed in employment and absorbed into various industries and occupations. Selection officers will then consider applicants for entry into Canada, examine them on a basis for suitability and physical fitness, and make arrangements for their orderly movement and placement. Persons so admitted will, of course, be included in whatever quota Canada finally accepts as its share in meeting the general problem. In taking these steps the government is seeking to ensure that the displaced persons admitted to Canada are of a type likely to make good citizens.
    ...

    Let me now speak of the government"s long term programme. It is based on the conviction that Canada needs population. The government is strongly of the view that our immigration policy should be devised in a positive sense, with the definite objective, as I have already stated, of enlarging the population of the country. This it will seeks [sic ] to attain through the development and energetic application of productive immigration measures.
    ...

    The population of Canada at present is about 12,000,000. By 1951, in the absence of immigration, it is estimated that our population would be less than 13,000,000 and that by 1971, without immigration, the population would be approximately 14,600,000. Apart from all else, in a world of shrinking distances and international insecurity, we cannot ignore the danger that lies in a small population attempting to hold so great a heritage as ours.

{80} [Mr. and Mrs. Katriuk fit this policy objective perfectly.]

[81]    Between June 1947 and the fall of 1948, Cabinet, by way of orders in council, agreed to accept up to 40,000 displaced persons destined for the bulk labour category, i.e. woods and garment workers, construction workers, utilities labourers, domestics and special workers.

[82]    In deciding to broaden the categories of immigrants admissible to Canada, security remained a major concern of Cabinet. The Gouzenko spy scandal,11 in the fall of 1945, did nothing to alleviate Cabinet"s concern in that regard. In the spring of 1946, a decision was taken to establish a Security Panel for the purpose of coordinating the planning, organization and execution of security measures throughout the Government of Canada. The first meeting of the Security Panel took place on June 24, 1946. Its members were the Secretary to the Cabinet, senior security officials of the Armed Services, External Affairs, and the Royal Canadian Mounted Police ("R.C.M.P."). The Chairman of the Panel was Arnold Heeney, the Secretary to the Cabinet and the senior Deputy Minister.

{82} [They were obviously discussing KGB infiltration. Unfortunately, as we have indicated elsewhere, it is likely that the RCMP had already been infiltrated by a KGB mole.]

[83]    At its second meeting on July 8, 1946, the Security Panel discussed the issue of "undesirable aliens" entering Canada and it was noted that there did not exist any Canadian organization responsible for the screening of prospective immigrants abroad on grounds of security. A committee was formed to examine the feasibility of enacting new regulations with respect to the refusal of immigrants for reasons of security.

[Repeat: Communist infiltration.]

[84]    At its meeting of August 5, 1946, the Panel decided that screening should be dealt with by way of administrative action rather than by legislation. The rationale for this decision appears to have been Cabinet"s desire for its concerns regarding security screening of prospective immigrants to remain "secret".

[Repeat: Communist infiltration.]

[85]    In August 1946, the Security Panel recommended that the R.C.M.P. should be sent to Europe to assist immigration officers. Specifically, R.C.M.P. officers would have the responsibility of screening prospective immigrants on grounds of security. The Commissioner of the R.C.M.P. agreed with this proposal and a team of officers was sent to London at the end of October 1946. In a letter dated October 23, 1946, the Commissioner, S.T. Wood, indicated to Sergeant W.W. Hinton that his duties in London would be the following:
5.     Your duties will be to check the names of any potential Canadian immigrants passed to you by the Immigration Branch, Ottawa, through External Affairs. These names will be checked against records available at the British Passport Control Department of the Foreign Office, the Special Branch of the Metropolitan Police, and against any other records which may from time to time be opened to you, such as, the Security Control Section, A.N.G.

6.     Names of potential immigrants will be supplied to you on individual application forms which have first been subject to a check at this headquarters. The result of this check will be noted on the form itself. Such forms will be dispatched by the Immigration Branch, Ottawa, to External Affairs, and will then be transmitted by diplomatic bag to London.

7.     When you find that an applicant has a record which indicates it would be undesirable to admit him to Canada, you will mark the form "not clear for security" and return it to the Immigration Branch, Ottawa, through the same channel, i.e., the High Commissioner"s Office for transmission by diplomatic bag.

8.     Forms on applicants having no unfavourable record will be marked "clear for security" and dispatched to the Immigration Branch, Ottawa, in the same manner.

9.     In each case where an applicant is rejected by you on security grounds, you will compile a report to this headquarters stating the source of your information and the grounds for rejection. These reports will also be forwarded by diplomatic bag.

10.     All reports both to Immigration Department and this headquarters will be classified as "secret."

11.     In deciding what factors render a potential immigrant undesirable you will be guided by the verbal instructions given at this headquarters. You will also pay attention to any additional information you may be able to secure from your U.K. contacts as to the background and status of any organizations which have not been specifically dealt with or with which you may not be acquainted.

12.     The objective is to deny admission to any persons who, from their known history and background, would be unlikely to adapt themselves to the Canadian way of life and to our system of Democratic government. [Emphasis added]

{85} [Repeat: Communist infiltration.]

[85a] May 29, 1947; Operation Matchbox - selected German scientists and experts allowed to immigrate to Canada.

As early as 1947, Volksdeutsche (ethnic Germans from outside Germany) were permitted into Canada. (Program was subsidized by Canadian government at $10,000 per month.)


[86]    In a secret memorandum for the Security Panel dated March 30, 1948, the Secretary of the Panel pointed out that, as of that date, the R.C.M.P. security staff at the London office was comprised of one officer, one sergeant, one civilian clerk and two stenographers.

[87]    On May 10, 1948, the Commissioner of the R.C.M.P. wrote to L.L. Keenleyside, the Deputy Minister of the Immigration Branch. In his letter, the Commissioner indicated the following:
    I am inclined to think that Mr. Fortier12 is of the opinion that our personnel stationed Overseas have responsibilities and a scope far beyond their actual duties. This Force is not conducting an intelligence organization Overseas in the accepted sense of the term nor, for that matter, a counter-intelligence organization. These men are appointed for the sole purpose of checking, insofar as is possible, the backgrounds of persons who have made application for admission to Canada. These included Displaced Persons in Germany and applicants from other countries on Continental Europe particularly those within the Soviet zone of influence.

    We are interested mainly in obtaining a satisfactory answer to two questions: first, what were the applicant"s sympathies and activities during the late war, and second, is he sympathetic to Communism or any other form of subversive influence opposed to our democratic way of life.
    ...
    There is one difficulty which we encounter in dealing with persons coming from countries in Western Europe, etc., within the Soviet zone of influence. In such cases a period of approximately 15 days is allowed to this Force to make a security check. If no report is forthcoming from this Force at that time it is quite customary to allow the person to proceed. With conditions in Europe today it is often very difficult to get a report in such a short time as we are dependent on the good offices of the security forces belonging to such countries. As a result, we have had several instances of persons being admitted to Canada who, had they been checked prior to their arrival, would certainly not have been cleared for security. A number of these people are still in this country and must be kept under some form of observation for a considerable time to come.

    We have been endeavouring to arrange to place security officers at various Canadian Legations in Western Europe. Due to lack of space this has not been possible heretofore but we are, with the assistance of the Department of External Affairs, endeavouring to overcome this obstacle. [Emphasis added]

{87} [Repeat: Communist infiltration. Still no reference to Nazis, collaborators, etc.

However, we must note that 1946 to 1948 were the years that the Holocaust Industry came of age. The infamous Nurnberg War Crimes Trials, where the Victors judged the Vanquished and ignored their own crimes, ellicited enormous sympathy for Jewish aspirations. Right on cue, the state of Israel was proclaimed in 1948, thus creating the "Palestinian problem" which lingers to the present day. The flood of Jewish immigrants from behind the Iron Curtain reached a crescendo.]


[88]    In a letter dated July 26, 1948, George B. McClelland, Superintendent, and the officer in charge of Special Branch of the R.C.M.P., wrote to Major J.A. Wright, posted to Canada House in London. In his letter, Superintendent McClelland, in discussing the rejection of applicants for immigration to Canada on the basis of enemy nationality, makes the following points:
4.     It is felt here, therefore, that the following policy should be adopted. We will clear the individual for security provided there are no other grounds for rejection such as known Communist, criminal, collaborator, etc. The matter of whether or not he or she should be accepted on a straight nationality basis should then be left to the Visa Officer.

5.     This point was discussed with Mr. Congdon and Colonel Fortier here in some detail and they agreed.

6.     Would you, therefore, have these instructions conveyed to our men in Germany and Austria and also to our personnel situated at Rome, The Hague, Brussels, Paris, etc. [Emphasis added]

{88} [First mention of collaborator.]

[89]    In a R.C.M.P. memorandum dated November 20, 1948, entitled "Screening of applicants for admission to Canada", the following categories of immigrants are stated to be non-admissible to Canada:
(a)     Communist, known or strongly suspected.
    Communist agitator or suspected Communist Agent.

(b)     Member of SS or German Wehrmacht.
    Found to bear mark of SS Blood Group (NON Germans).

(c)     Member of Nazi Party.

(d)     Criminal (known or suspected).

(e)     Professional gambler.

(f)     Prostitute.

(g)     Black Market Racketeer.

(h)     Evasive and untruthful under interrogation.

(i)     Failure to produce recognizable and acceptable documents as to time of entry and residence in Germany.

(j)     False presentation; use of false or fictitious name.

(k)     Collaborators presently residing in previously occupied territory.

(l)     Member of the Italian Fascist Party or of the Mafia.

(m)     Trotskyite or member of other revolutionary organization. [Emphasis added]


{89} [We note that Judge Nadon highlights items (j) and (k). Under item (j), the majority of immigrants could probably be found to have misrepresented something or other. According to sections [143] and [144], thousands of immigrants, including Mr. and Mrs. Katriuk, entered Canada under false or fictitious names.
Item (k) appears to be designed to allow British collaborators to enter Canada, since this seems to be the only relevant territory which was not occupied by the Germans.]


[90]    On February 7, 1949, the Associate Commissioner of Immigration, Overseas Service, advised the Commissioner as follows:
    In the past applications have been rejected by the R.C.M.P. without giving reasons for rejection. In several cases this procedure caused this Department to communicate with the R.C.M.P. in order to learn the grounds of rejection. This was necessary because in certain cases we suspected that the reason for rejection was that the proposed immigrant might have served with the enemy forces. According to instructions, if the proposed immigrant has been forced to serve the enemy forces and could obtain evidence to that effect he was then admissible. To obviate this situation and in order that the senior officers of this Branch (the Minister, the Deputy Minister, the Director, Commissioner, Assistant Commissioner, Commissioner of Overseas Service, Asst. Commissioner of Overseas Service, the Superintendent of European Emigration and the Asst. Superintendent of European Emigration) would know the grounds of rejection, the R.C.M.P. have agreed to include after the words "Not Clear for Security" the grounds for rejection by indicating the grounds by a letter (a), (b), (c), (d), etc., whichever grounds are applicable. These grounds are listed as follows: - [Emphasis added]

    [The grounds which follow are those which appear in the R.C.M.P. memorandum dated November 20, 1948.]

[91]    In a memorandum dated September 16, 1949, the Privy Council"s office informed the Prime Minister of Canada on the rejection criteria for prospective immigrants. The memorandum reads as follows:
    Rejection of prospective immigrants on
    security grounds

1.     At a recent meeting of the Cabinet you inquired as to the authority for rejecting prospective immigrants on security grounds.

2.     The security screening of prospective immigrants has been approved by Cabinet and the general arrangements for conducting the inquiries have been worked out by the Immigration Branch and the R.C.M. Police in consultation, when necessary, with the Security Panel. The Panel have on occasions sought direction from the Cabinet on particular problems that have arisen from time to time.

3.     The objective of the security screening has been interpreted in the following manner:

    "To deny admission to any persons who, from their known history and background, would be unlikely to adapt themselves to the Canadian way of life and to our democratic form of government".

4.     Under these general principles, the following categories of persons have been regarded as inadmissible on security grounds:

    (a)     Communist, know or strongly suspected.         
        Communist agitator or suspected Communist Agent.

    (b)     Member of SS or German Wehrmacht.
        Found to bear mark of SS Blood Group (Non Germans).

    (c)     Member of Nazi Party.

    (d)     Evasive and untruthful under interrogation.

    (e)     Failure to produce recognizable and acceptable documents as to time of entry and residence in Germany.

    (f)     False presentation; use of false or fictitious name.

    (g)     Collaborators presently residing in previously occupied territory.

    (h)     Member of the Italian Fascist Party or of the Mafia.

    (i)     Trotskyite or member of other revolutionary organization.

5.     The only class covered by a precise Cabinet direction is that of Communist. On March 5, 1947, it was agreed that where, as a result of a security investigation, it was demonstrated that a prospective immigrant was a Communist, admission should be refused by the Immigration Branch without reason assigned for such action. From time to time the security problems attendant upon increased immigration have been considered by the Cabinet Committee on Immigration or the Cabinet. From the records it is apparent that a good deal of discussion took place on the question of whether the Immigration Act should be amended to exclude certain undesirable classes such as Nazis, Fascists and war criminals, or whether the problem should be dealt with by administrative means. The decisions taken were in favour of the latter course.

6.     As I think your interest in this subject stems from present practices in regard to prospective immigrants from France, I should add that such persons are subjected to security inquiries as a matter of course, whereas those from the United Kingdom are not. [Emphasis added]

{91} [We note that all decisions are being made within the secret confines of the Old Boy's Club, not within public view via parliament. We also note the favored status of British immigrants.]

[92]    The categories of persons inadmissible on security grounds which appear in the above memorandum at paragraph 4 thereof, also appear in a top secret memorandum dated June 9, 1950,_from the Deputy Minister to the Minister of Immigration.

[93]    On October 28, 1949, Cabinet issued Directive No. 1413 which dealt with the rejection of immigrants on security grounds. The directive provided as follows:
    The purpose of this directive is to bring to the attention of all government departments and agencies concerned the necessity for withholding information with regard to the rejection of immigrants on security grounds.

    Displaced persons and certain classes of prospective immigrants desiring to enter Canada are investigated under established procedures by the R.C.M. Police. Persons in specified categories (i.e., Communists, members of the Nazi or Fascist Parties or of any revolutionary organization, "collaborators", and users of false or fictitious names or documents) are regarded as inadmissible under the Immigration Act and are refused a visa. As some of the persons so rejected are not aware that their subversive records are known to security and intelligence agencies, disclosure of the reasons for their rejection as immigrants tends to excite suspicion and compromise valuable sources of information.

    For these reasons, it is important that, in such cases, no intimation to [sic] given to the applicant, the relatives or the sponsor that entry had been refused on security grounds. In some instances, this information has been passed on to the applicant or the sponsor by persons who, because of their position, have had access to the facts. This has resulted in serious embarrassment to the immigration authorities and to the Police.

    In view of the above, the Cabinet decided on September 29th, that under no circumstances should the reason for withholding permission to enter Canada, in the case of displaced persons and prospective immigrants, be attributed to security grounds. The only information to be given out in these cases should be a simple statement, without explanation, that a visa has been refused. [Emphasis added]

[Repeat: Old Boy's Club.]

[94]    On August 19, 1949, A.J. Desjardins, Attaché, Visa Section, Paris, in a memorandum addressed to the Commissioner, Overseas Service, Immigration Branch, discussed the immigration forms being used at the Canadian Consulate in Paris in regard to prospective immigrants. In his memorandum, Mr. Desjardins suggests that it would be preferable if the applicants were "to complete the form himself, thus avoiding at least some additional work by our visa officers, ...". To the memorandum is attached a proposed form with numerous questions and answers. One of the proposed questions is question number 35 which requires an applicant to provide details regarding his residences and employments between 1938 and the date of his application.

{94} [There is no evidence that this proposed form was ever utilized.]

[94a] By 1950, Germans were taken off the Canadian immigration prohibited list.

[95]    In an instruction dated February 14, 1950 issued by the Acting Director of the Immigration Branch of the Department of Citizenship and Immigration, immigration officers are informed:
1.     The following categories of immigrants are exempt from security screening: -

    (a)     British subjects, citizens of Ireland, and citizens of the Union of South Africa.

    (b)     Citizens of France born in France and residing in France.

    (c)     Citizens of the United States of America.

    (d)     Aliens legally admitted to the United States of America for permanent residence and residing therein.

    (e)     Native born citizens of Central and South American countries residing therein.

2.     All other immigrants are subject to security screening. [Emphasis added]

{95} [Once again, British, French and American collaborators and war criminals are exempt.]

[95a] On July 4, 1950, Samuel Bronfman of the Canadian Jewish Congress sent a long telegram protesting the June 15, 1950 announcement that members of the Galicia Division would be allowed to immigrate to Canada. On July 7, 1950, a ban on such immigration was instituted, which, fortunately was lifted on September 25, 1950, despite further vehement protests of Mr. Bronfman.

This incident illustrates the tremendous pressure exerted by the Holocaust Industry on the Ottawa bureaucracy on immigration issues, especially when it involves Ukrainians. We have no evidence of any connection between Mr. Bronfman situated in Montreal and the Soviet KGB. However, the Jewish community in Montreal has historically been the locus of Soviet espionage infiltration, as illustrated by the Lamontagne(?) hearings on the Gouzenko affair and the election of the Communist candidate, Fred Rose, during the 1940s.


[96]    On August 21, 1950, copies of immigration form O.S.8 were sent to the heads of Canadian posts abroad by the Department of External Affairs. The covering letter indicated that:
    I enclose a supply of Settlement Forms Imm. O.S. 8 to be completed by applicants abroad who have no relatives or friends in Canada, but who otherwise satisfy the Visa officers as being desirable immigrants, see paragraph 9 of the "Administration of new Immigration Regulations Order-in-Council P.C. 2856" enclosed with Consular Document No. 21 of July 4, 1950.

    Additional copies of Form Imm. O.S. 8 will be forwarded upon request.

{96} [But the Katriuk's did have friends, the Rohosky's, who invited them to immigrate to Canada. So form O.S.8 would not be applicable to them.]

[97]    This form does not specifically request an applicant to provide details of either his residences or employments during the war years. However, question 36 requires the applicant to provide details on the longest job he has had in the last ten years and question 37 requests the applicant to indicate how many jobs he has had in the last ten years.

[98]    In a memorandum dated November 6, 1950, to the Officer i/c Special Branch, Headquarters, R.C.M.P. in Ottawa, Major Wright of the London office reported to his superiors with respect to his visit to Paris in October 1950. The relevant points of Major Wright"s report are as follows. He met with Sergeant Constable Colville and the immigration officer in charge, Mr. Cormier, and discussed with them the possibility of posting an additional man to the Paris office. Major Wright was informed that the work in Paris was increasing to such an extent that Sergeant Colville did not believe that he would be able to cope without further assistance. During the meeting, Sergeant Colville complained that it was extremely difficult to obtain complete information from French officials about criminal records. Mr. Cormier informed Major Wright that having a second person to help Sergeant Colville "would enable personal interviews of all immigrants to be made". In his memorandum, Major Wright goes on to explain what follows:
6.     On the 26th October I had a lengthy interview with Mr. Cormier and Colville. Relations between them appeared to be quite satisfactory. Mr. Cormier officially made two requests. Firstly, that a second man be stationed at Paris to assist Colville. This would enable personal interviews of all immigrants to be made. The great majority of those going to Canada were non-French and required personal screening as much or more than those in the D.P. Camps of Germany, as the foreigners in France were mainly newcomers concerning whom very little was known. Secondly, that the office system inaugurated by Cpl. De Miffonis - with the co-operation of Mr. Desjardins (Mr. Cormier"s predecessor) be simplified. Colville was endeavouring to continue the very thorough but to some extent unnecessary office and filing system inaugurated by de Miffonis which created too much work for both Departments, Mr. Cormier"s and Colville"s.

7.     Mr. Cormier advised that in 1951 it was anticipated that approximately 6,000 visas would be issued, and for that number to be issued, allowing for rejections etc. probably would mean some 10,000 examinations. Obviously if all prospective Immigrants were to be personally examined by Security, Colville would require assistance.

8.     Later, after interviewing Colville and going into his filing system, with a view to eliminating work, I instructed him to discontinue the long Questionnaire Form at present in use, photographs, etc. and other forms and in place thereof to use the London "Green Form", to be compiled direct from Immigration Files and this to constitute his permanent record for each case. This should simplify the office work very considerably.

9.     Colville has not been granted leave of absence since terminating his leave in December 1949. If he is to be stationed permanently at Paris, I would request instructions if the leave arrangements made when he was engaged for service in Germany viz, 10 days every three months are still to apply.

10.     I recommend strongly that an additional Security Officer be posted to Paris as soon as possible, and would request your instructions hereon, please14.

{98} [There is no evidence that another security officer was ever sent to Paris. This section supports the Katriuk's contention that they were never interviewed by a security officer.]

[99]    On January 2, 1951, by way of a memorandum, the Director of the Immigration Branch informed the Undersecretary of State for External Affairs that immigration form O.S.8 had been revised and that all copies of the former form O.S.8 should be destroyed. As in the previous O.S.8 form, there are no questions which deal specifically with an applicant"s residences and employments during the war years. The form does contain, however, the two following questions:
27.     Give the same details on the longest job you have had in the last ten years.
    Donnez les mêmes détails sur l"emploi que vous avez occupé le plus longtemps au cours des dix dernières années:

28.     How many jobs have you had in the last ten years?
    Combien d"emplois avez-vous eus au cours des dix dernières années?

{99} [As we have noted above, this form was presumably not applicable to Mr. and Mrs. Katriuk. Secondly, there is no evidence whatsoever that this form was ever utilized in Paris in 1951 on any immigrant, let alone Mr. and Mrs. Katriuk. Thirdly, we have shown below that even if the above questions had been asked of Mr. and Mrs. Katriuk by the employee who filled out their immigration forms, their correct answers would not have resulted in rejection of their application.]

[100]    On January 8, 1951, Mr. Cormier, the visa officer in charge in Paris, wrote as follows to the Director, Department of Citizenship and Immigration, regarding revised form OS-8:
    Acknowledging receipt of your communication of 2nd January, we are very glad that the prescribed questionnaire has been simplified.

    For Stage "B" purposes15, we require to know the maiden name of the wife and the history of movements of applicant for visa, and as regards persons not born in France, the date of their arrival into this country. In connection with applicant"s history, the "Former addresses and other countries of residence" under item 2 of Part I of O.S.8, is not considered sufficient by our Stage "B" officer.

    So far as the maiden name of the wife is concerned, we are preparing a stamp reading "Wife"s maiden name - Nom de jeune fille de l"épouse" to be placed under Item 14 of the new type of O.S.8, for the time being. We will also attach to the questionnaire to be filled a chit as per sample herewith.

[101]    The questionnaire attached to Mr. Cormier"s memorandum is as follows:
(Veuillez remplir ce feuillet séparément)

Renseignements sur vos résidences et emplois antérieurs depuis 1939

Date        Employeur    Genre d"emploi        Votre résidence
...............    ............................    ................................................................
...............    ............................    ................................................................
...............    ............................    ................................................................
...............    ............................    ................................................................
...............    ............................    ................................................................
...............    ............................    ................................................................
...............    ............................    ................................................................
...............    ............................    ................................................................

Si vous n"êtes pas né en France, indiquez le lieu et la date de votre entrée en ce pays: ...........................................................................................................

{101} [Since there is no evidence whatsoever that this ad hoc questionnaire was ever utilized, it is rather amusing that Judge Nadon reproduces 8 blank lines in an effort to convince the reader of its legitimacy. Furthermore, the legality of an employee arbitrarily making up his own questionnaire is rather dubious.

On page 200 of the Deschenes Commission Report, we find the following:
Form 55, in use until the end of 1950, contained no question respecting the wartime activities of the applicant.
The original OS.8 form inquired about the jobs of the applicant during the previous 10 years: this might have led to the disclosure of military activities, though nothing was asked expressly on the subject.
The 1951 revision of Form OS.8 did not inquire any further.]


[102]    On February 4, 1951, Directive No. 69 dated December 15, 1950, was amended . Page 5 of the amendment provides, in part, as follows:
9.     Cases for which Visa Officers may not grant visas without prior reference to Canada. (Refers to Part "A" of this Directive, paragraph 5, Other Suitable and Desirable Immigrants).

        (a)     Procedure Overseas

            Two copies of Part I and Part II of Form O.S. 8 will be completed for distribution as follows:

            i)     The first copy will remain in the Visa Office to be used for stage "B", if required, and for subsequent use as office record of visa granted or refused.

            ii)     The second copy will be forwarded, by air mail, to the District Superintendent or Inspector-in-Charge of the authorizing port or office (see Para. 14) in whose area the prospective immigrant wishes to locate. If an area of establishment or settlement is not chosen by the immigrant and is not determined by the Visa Officer, this copy will be forwarded by air mail to the Superintendent, Settlement Division, at Immigration Branch Headquarters, Ottawa.

    OR

                When the Visa Officer considers that reference to the Department of Labour for placement is required, the fact will be indicated on the Form O.S. 8, (see Para. 16(f)(v)) and the second copy will be forwarded by air mail, to the Superintendent, Settlement Division.

[103]    On February 7, 1951, the Director of the Immigration Branch in Ottawa sent a memorandum to the Deputy Minister regarding security screening. The memorandum reads as follows:
    The introduction of P.C. 2856, designed to stimulate immigration to Canada, is bringing about the desired results insofar as the development of interest in Canada is concerned.

    Available figures show that there was an 8% increase in November, 1950, over the corresponding month in 1949. In December, 1950, the increase over December, 1949, amounted to 36.7%. In addition, statistics furnished by Immigration Visa Officers establish that there has been a great increase in the number of enquiries from potential immigrants. There is every indication that there will be a marked increase in immigration, provided that we take advantage of present interest - developed through the widening of admissible classes, publicity, etc., - by impeding the flow as little as possible.

{103} [Note: impede the flow as little as possible.]

    We have taken the necessary steps to streamline our procedure through such means as delegation of authority to Visa officers to process, immediately, persons who are suitable and desirable immigrants with good prospect of becoming established in Canada. Provided the only delay is that occasioned by the necessity for the immigrant to undergo a medical and civil examination, we hope to take full advantage of the interest shown by the intending immigrant.

[Note: delegate authority to visa officers.]

    Unfortunately, the present security procedure has hindered and, as presently constituted, will continue to hinder the implementation of the immigration programme. To understand some of the reasons why this is so and to explore ways and means of obviating this situation, the security procedure currently in effect is reviewed briefly in the following paragraphs.

    1. At the present time, all immigrants are security screened except British subjects, citizens of Ireland, citizens of the United States, legal and permanent residents of the United States and native-born citizens of Central and South American countries residing therein.

[Note: ubermenschen status of British and Americans.]

    2. Security screening, at points outside Europe, may be carried out by the Visa officers through local contacts except in those cases which are referred directly by the Immigration Branch to the R.C.M..P. Headquarters in Ottawa for full security screening. In these excepted cases, it is understood that R.C.M.P. Headquarters obtain the clearance through the Security Office in London.

    3. In Europe, where our main concern lies, security screening is carried out primarily by Security officers where attached to our Visa offices. Their screening procedure may be broken down into two general classifications :

        (a)     Personal interrogation of the prospective immigrant ;

        (b)     Reference to local police, British authorities, local contacts, and/or London Security Office for information as to the status of the intending immigrant.

    The speed with which an immigrant is screened for security, under the method outlined in (b) naturally depends on the length of time it takes the various organizations to reply. A normal delay is from 4 to 7 weeks, although in some cases, it is considerably longer.

    4. In Germany and Austria, intending immigrants are screened primarily by personal interrogation, although in some cases, reference to local contacts, London, etc., may be necessary.

    5. In Sweden, the Netherlands, Belgium, France, and Italy, Security officers generally rely on the reference to local police, British authorities, local contacts or to London when necessary.

    6. In Greece, Switzerland and Denmark where no Security officers are located, Visa officers develop local contacts and carry out the same procedure as do Security officers in the other European countries.

    7. In the United Kingdom we have, in essence, the focal point of all security screening. The London Security Section is used as the final source of reference when other methods - local police, etc., - either fail to produce the required information or are not considered sufficiently reliable in specific cases under consideration.

[London: the seat of Philby, Burgess, Maclean, Blunt et al.]

    In addition, London not only clears all aliens residing in the United Kingdom who apply for admission to Canada, but also processes applications referred from R.C.M.P. Headquarters. London, therefore, deals with :

    (a)     Aliens in the United Kingdom;

    (b)     referrals by Security officers and Visa officers in Europe for a further check;

    (c)     referrals by R.C.M.P. Headquarters for information on aliens residing at any point in the world outside of Europe.

    The London Security Section processes only 35 cases per day, referred from points outside the United Kingdom, and at the present they are 7 weeks behind. This quota is fixed by the British authorities whose facilities are being used. In London, then, with enquiries feeding in from many sources, a backlog is building up which, as the immigration programme becomes intensified, will be even greater, with most serious effects.

[Note: 7 weeks behind and the problem is sure to get worse.]

    Any consideration of ways and means of alleviating this problem, naturally, would revert to the question of additional staff. Undoubtedly, the allocation of additional Security officers to the Visa offices on the Continent would improve the situation. However, this antidote in itself, if the present screening procedure remains in effect will not help the overall picture. More Security officers would merely mean a greater number of references to local police, British authorities, London, etc., whose rate of processing is now inadequate to meet our needs. In other words, additional Security officers without changes in procedure will hardly bring about the desired result.

[Note: changes in procedures required.]

    Personal interrogations (if additional Security officers were appointed) and fewer references to other sources by Security officers might be a partial answer to the problem. Certainly, the London Security Office, if relieved of the referrals from the Security officers on the Continent, might improve its present record in dealing with enquiries from other points throughout the world. For instance, a delay of one year is not uncommon in obtaining security clearance through London by R.C.M.P. Headquarters on a person residing in South America.

    Then too, consideration of the principles involved in security screening might be justified, when it is considered that since security screening was instituted, approximately 220,000 immigrants who required security screening have come forward and of the total number examined only 4,146 were rejected on security grounds. Of the 4,146 rejected, undoubtedly a fairly large proportion might now be considered for admission since the reasons for rejection no longer exist, e.g., service in the German Army is, in itself, no longer a clause for rejection.

[Note: service in German Army is no longer a cause for rejection.]

    On the whole, it is felt that some streamlining of the present security procedure should be considered as an interim measure, to implement to the fullest degree possible the present immigration programme. While a revision of security procedure is desirable immediately, as a stop-gap measure, to take advantage of the extremely great current interest in immigration, a review of the principles of security screening should be instituted as soon as possible.

[The problems expressed in this memo illustrate the impossible task assigned to the overseas immigration personnel.]

[104]    On May 23, 1951, Laval Fortier16 wrote to the Secretary of the Security Panel in the following terms:
                I have your letter of May 18th, with reference to paragraph 10(3) of the minutes of the 36th meeting of the Security Panel. I would recommend the following changes in the present policy affecting the categories of rejection of certain classes of immigrants:

    Category "B" - Waffen S.S. (non Germans) present blanket clause for rejection.

                It is felt that some relaxation should be given to classes involving compassionate grounds, age or circumstances surrounding enlistment. Recommended that service in the Waffen S.S., in itself, be no longer a cause for rejection.

    Category "G" - Black Market Racketeer, present blanket clause for rejection.

                Recommended Black Market activities, in itself, be not a cause for rejection, except for those who were professional racketeers.

    Category "K" - Collaborators, present blanket cause for rejection.

                Recommended collaboration, in itself, be not a cause for rejection, except for those whose crimes are such that they are not desirable.

    Category "L" - Member of the Italian Fascist Party or of the Mafia, present blanket cause for rejection.

                As Category "C" - Member of the Nazi Party, is not now considered, in itself, a cause for rejection, recommend same consideration be given Italian Fascist Party, Member of Mafia to remain as at present. [Emphasis added]

{104} [Note: member of Nazi Party is not a cause for rejection.
Recommend that collaboration and member of Italian Fascist Party not be a cause for rejection.]


[105]    On July 5, 1951, the Security Panel met and a discussion took place of proposed changes to the security screening criteria. A memorandum of the discussion dated July 6, 1951, reads as follows:
    At a meeting of the Security Panel held on July 5th, at which the writer and Mr. Hickman accompanied the Deputy Minister, there was discussed the Immigration Branch Security Screening Directive of February 14th, 1950, and some changes were recommended.

    Discussion on the categories introduced by the Mounted Police resulted in recommendations as follows: -

CATEGORY "B" -

    Non-German members Waffen S.S. found to bear mark of S.S. Blood Group were to be considered "Not Clear".

    Non-German members Waffen S.S. who joined this Organization prior to January 1st, 1943, to be considered "Not Clear".

    Non-German members Waffen S.S. who voluntarily enlisted subsequent to January 1st, 1943, to be considered "Not Clear".

    Non-German members Waffen S.S., who were conscripted or forced to enlist subsequent January 1st, 1943, cases to be reviewed on their merits.

CATEGORIES "D", "E", "F" and "G"

    R.C.M.P. to follow present procedure of advising Visa Officers.

    The remaining Categories to be dealt with under the present procedure.

    It was suggested that External Affairs and the R.C.M.P. prepare a memorandum dealing with the categories as a whole.

{105} [105a] Mr. and Mrs. Katriuk landed in Quebec City on August 14, 1951. Subsequent discussion is of academic interest only.

[106]    On December 11, 1951, George B. McClellan, Superintendent, Officer i/c Special Branch, wrote to Colonel Laval Fortier with respect to collaborators. Mr. McClellan informed Colonel Fortier as follows:
    I have for reply your letter to the Commissioner, dated November 29, 1951, regarding collaborators.

2.     Your request for further particulars regarding collaborators raises a rather difficult question, as at the present time our Security Officers are very fully occupied in processing visa applicants, and, if they are required to conduct field investigations on collaborators, unless we considerably strengthen our staff overseas, the balance of interrogation must of necessity suffer.

3.     As you know, it has been the policy, where any doubt exists, to resolve that doubt in the favour of Canada, and as our sources of information must of necessity be very meagre, it is necessary to develop as much information as possible during personal interviews. It would require a great deal of field work to produce positive evidence, and the production of such evidence would, in most cases, be impossible.

4.     It would, perhaps, be desirable to discuss this matter with Inspector Hall who handles this work. If you would call him at 7602, he will call on you at your convenience. [Emphasis added]

[107]    In a memorandum to the Security Panel prepared by its secretary P.M. Dwyer, dated April 30, 1952, the Panel was asked to consider possible changes to the screening criteria and, in particular, with respect to collaborators. The memorandum reads, in part, as follows:
    Immigration Security Policy -
    Nazis, Fascists and Collaborators

1.     The application of Canadian immigration security policy to former members of Nazi organizations, Fascists and collaborators has for some time been under discussion by members of the Panel. The Department of Citizenship and Immigration and the RCM Police have asked that the question of collaboration be discussed by the Panel. An examination of present immigration security police shows that a similar consideration of membership in Nazi and Fascist organizations would also be desirable.

    ...

III.     Collaborators

10.     The Department of External Affairs, at the request of members of the Panel, has consulted a number of its European missions and asked to what degree immigration restrictions should be applied against former collaborators in German occupied countries. Present immigration security policy prohibits the immigration of collaborators, but cases have so far been dealt with on their individual merits or demerits.

11.     The consensus of opinion of missions consulted in that while we should continue to enforce restrictions against those guilty of major crimes, collaboration should now be ignored except where a clear and present danger to Canada or Canadian institutions is involved. Our representatives add that where a prison sentence for collaboration has been served, the slate should be regarded as wiped clean. The following are listed as major collaborators:

    (a)     Those convicted of fighting against, or engaging in activities harmful to the safety and well-being of the Allied forces;

    (b)     Those convicted of implication in the taking of life, or engaging in activities connected with forced labour and concentration camps;

    (c)     Those who were employed by German police or security organizations and who acted as informers against loyal citizens and resistance groups;

    (d)     Those charged and found guilty of treason.

12.     However, the RCM Police incline to the view that collaboration itself does involve a danger to Canada and Canadian institutions, because they believe that a person who has been disloyal to his country of birth may, if the occasion arises, be equally or more disloyal to a country of adoption. The RCM Police would therefore be reluctant to accept any relaxation of restrictions at present imposed on former collaborators.

{107} [We find it intriguing that the RCMP expressed such great concern about collaborators, who posed absolutely no threat to Canada, but do not seem to be concerned about KGB agents being smuggled into Canada. Perhaps the KGB mole and his accomplices were hard at work performing their duties.]

13.     The Panel may wish to bear in mind that collaboration sometimes resulted only after intolerable pressures had been applied by the Germans, and may wish to make some provision for cases of this kind.

14.     The Panel is asked to consider this problem and make a fifth recommendation.

[108]    On May 15, 1952, the Security Panel met and discussed, inter alia, the proposals suggested in the April 30, 1952 memorandum. After due consideration, the Panel agreed that the following changes were in order. The changes agreed to by the Panel appear in paragraph 5 of the minutes of the meeting:
5.     The Panel then considered the paper in detail, made a number of emendations [sic] after discussion, and agreed that the following persons should be refused entry into Canada as immigrants:

    (a)     Former members of the S.S. the Sicherheitsdienst, the Abwehr, the Gestapo, and any former member of the Nazi party who, under Allied Control Council Directive No. 38 of 12th October 1946, was classified as a Major Offender or Offender of who, on the evidence before a Security Officer is in his opinion within either of these categories. Particular care should be taken to exclude persons who were responsible for brutalities in concentration or labour camps.

    ...

    (c)     Former collaborators who should be excluded on grounds of moral turpitude, except minor collaborators whose actions resulted from coercion.

{108} [It is ironic that the Old Boy's Club would talk about moral turpitude.]

[109]    Pursuant to paragraph 38(c) of the Immigration Act, R.S. 1927, c. 93, (the "Immigration Act, 1927") the Governor in Council was given wide discretion to prohibit or limit, by way of proclamation or by order in council, the entry into Canada of certain immigrants:
38. The Governor in Council may, by proclamation or order whenever he deems it necessary or expedient,

    ...

(c)     prohibit or limit in number for a stated period or permanently the landing in Canada, or the landing at any specified port or ports of entry in Canada, of immigrants belonging to any nationality or race or of immigrants of any specified class or occupation, by reason of any economic, industrial or other condition temporarily existing in Canada, or because such immigrants are deemed undesirable having regard to the climatic, industrial, social, educational, labour or other conditions or requirements of Canada or because such immigrants are deemed undesirable owing to their peculiar customs, habits, modes of life and methods of holding property, and because of their probable inability to become readily assimilated or to assume the duties and responsibilities of Canadian citizenship within a reasonable time after their entry.

[The white man's burden of the British Empire.]

[110]    In furtherance of the objective stated in paragraph 38(c) of the Immigration Act, 1927, order in council P.C. 1950-2856, S.O.R./50-232, C. Gaz. 1950.II.765, was passed in June of 1950. This order in council, entitled Immigration Act: Prohibiting the landing in Canada of immigrants with certain exceptions, prohibited the landing in Canada of immigrants of all classes and occupations, save for the exceptions provided in the order. Paragraphs 4(a) and (b) read as follows:
    4.     A person who satisfies the Minister, whose decision shall be final, that: -

(a)     he is a suitable immigrant having regard to the climatic, social, educational, industrial, labour, or other conditions or requirements of Canada; and

(b)     is not undesirable owing to his peculiar customs, habits, modes of life, methods of holding property, or because of his probable inability to become readily adapted and integrated into the life of a Canadian community and to assume the duties of Canada citizenship within a reasonable time after his entry.

{110} [We note that, based on these criteria, both Mr. and Mrs. Katriuk are admirably qualified as immigrants to Canada.]

[111]    In Canada (Minister of Citizenship and Immigration) v. Dueck, (21 December 1998), Ottawa: F.C.T.D., T-938-95 [unreported], my colleague Mr. Justice Noël comes to the conclusion that, until the enactment of order in council P.C. 1950-2856, there was no authority under the Immigration Act, 1927 and the orders in council enacted thereunder, to refuse entry into Canada of immigrants on security grounds. I agree with the view taken by Noël J.. However, on August 14, 1951, when Mr. Katriuk was landed in Canada, there was clearly a legal basis to refuse entry to immigrants who did not meet the security requirements.

{111} [We submit that in 1951 there was no legal basis for the RCMP to carry on security screening in Europe.]

[In sections [112] to [120] below, the six expert witnesses for Anne McLellan present a picture of a very tightly controlled and efficiently run immigration process. Accounts by immigrants and other ex-immigration officers paint a very different picture of chaos, bewilderment, confusion, overwork, indifference and apathy. The problems were overwhelming: they were insufficiently trained; there was continual conflict between immigration quotas and security screening; working through interpreters was both time consuming and confusing. The theoretical planning by the bureaucrats in Ottawa was completely at odds with the realities on the ground. To put it bluntly, they were faced with an impossible task and muddled through as best they could.]

3.5.2 RCMP SECURITY AND VISA CONTROL OFFICERS

[112]    I now turn to the process by which prospective immigrants were screened for security by the R.C.M.P. in light of the criteria set out in the above memoranda. The Minister called a number of former R.C.M.P. officers to testify on this point. William H. Kelly, a former Deputy Commissioner of the R.C.M.P., explained his role in London between 1951 and 1954. While there, Mr. Kelly was in charge of security control for the whole of Europe. A number of countries, including France, were, at that time, under the jurisdiction of the London office. One of Mr. Kelly"s duties was to visit the countries under his jurisdiction and to ensure that files were reasonably handled. He, on occasion, would sit on interviews conducted by security officers. He would also be asked to make rulings in borderline cases. When shown the memorandum dated September 16, 1949, setting out the list of inadmissible categories on security grounds, Mr. Kelly stated that he had never seen this document but, when referred to paragraph 4 thereof, stated that the R.C.M.P. worked on the basis of the criteria set out in that paragraph. He indicated that his point of reference was Cabinet Directive No. 14. With respect to paragraph 4(g) of the September 16, 1949 memo entitled "collaborators presently residing in previously occupied territory", Mr. Kelly testified that, as far as he was concerned, "collaboration" necessarily meant exclusion. Mr. Kelly stated that it was only in May of 1952 that the exclusion of collaborators was changed to allow some flexibility in that "minor collaborators" would not be excluded where their actions "resulted from coercion"17. Mr. Kelly explained that the same criteria was being applied by the R.C.M.P. throughout Europe and that it was his responsibility to ensure that that was taking place. He explained that security screening was one step in a three step immigration process.

{112} [William H. Kelly, Deputy Commissioner of the RCMP, was in charge of security control for the whole of Europe from 1951 to 1954. He was based in London, the seat of Britain's Security and Secret Intelligence Services MI5 and MI6 who presumably supplied security screening information on prospective immigrants to Canada. The time period in question corresponds exactly to the time when British intelligence was completely infiltrated by KGB spies like Kim Philby, Guy Burgess, Donald Maclean and Anthony Blunt. Under their influence one may rest assured that Ukrainian Nationalists would be painted as war criminals, collaborators and every negative description under the sun. Conversely, KGB agents specifically trained to infiltrate Canadian institutions would be allowed to slip into the British, American and French-controlled zones of Germany and be cleared to immigrate to Canada.

It was a time when all attempts (under the control of British intelligence) by Stepan Bandera to send his people to make contact with the UPA fighting for independence in Ukraine ended in disaster.

In his book on MI5 and MI6 (with the title noted above), R.G. Grant describes British intelligence of that time in the following words:
"The old hands in the secret service struck Trevor-Roper as 'by and large pretty stupid and some of them very stupid'. Kim Philby found it hard to believe that the puny organization he had joined was really the British secret service at all: 'It seemed that somewhere lurking in deep shadow, there must be another service, really secret and really powerful...But it soon became clear that such was not the case. It was the death of an illusion.'

Sinclair's successor as head of MI6, Colonel Stewart Menzies, was cast in the traditional mould of the service. He was a man of no great intellect but exceptionally good social connections - he did not discourage the rumour that he was an illegitimate son of Edward VII, and his mother was lady-in-waiting at Court. He had a passion for fox hunting and a taste for the smartest London clubs. In short, he was an unlikely person to lead a renaissance of MI6."

The rot within the elite British Old Boy's Club obviously spread to Canada as the existence of extensive Soviet espionage rings were revealed by Igor Gouzenko in 1945. Despite a cosmetic attempt to find the spies, John Sawatsky, in his several books, has written convincingly that a mole still exists within the RCMP to the present day.

One final note from the Deschenes Commission Report. On page 219 of his Report, Justice Jules Deschenes has the following comments on the testimony of William H. Kelly, 74, retired Deputy Commissioner:
On the RCMP side, Mr. Kelly was posted in London, England in 1961 where, in his own words, he "...became the officer in charge of visa controls, as we called it, and the liaison officer between the RCMP and all police organizations, intelligence organizations and security organizations, in what we now know as Western Europe." As such, he had nothing to do personally with the actual screening process. His evidence cannot help us here.

On pages 221-222, we read:
I am not sure whether they interviewed every person or whether they just vetted the application. ... If I am getting your question correctly, I would say that Immigration was more concerned with numbers then they were with security. Having said that, perhaps I should qualify it. Perhaps they were less concerned with security because they knew the RCMP was dealing with it, but they certainly quarrelled with us often enough because we were not producing results quickly enough, and, of course, the results that we were producing depended upon the support and co-operation of our sources.]


[113]    Security screening was conducted on the basis of information provided by the immigrant in his application form and, in particular, information providing his residences and employments between 1938 and the date of his application. Security screening involved paper screening with intelligence organizations of the countries where the applicant had indicated he had been and with intelligence organizations from the United Kingdom and the United States which might be in a position to provide information regarding the applicant. Following the paper screening, there would be a personal interview during which the immigrant would be questioned by a security officer regarding his identity and history. Mr. Kelly conceded that the R.C.M.P."s security screening was not very effective since it was difficult, if not impossible, for the security officer to ascertain whether an applicant was telling the truth. It was only when the officer could discover something through the intelligence network that an applicant would be refused entry into Canada. Finally, Mr. Kelly emphasized that collaboration with the Germans to any degree meant rejection. In cross-examination, Mr. Kelly stated that the main security concern was Communist infiltration which rose dramatically after the Gouzenko affair in 1945.

[114]    Another R.C.M.P. officer called by the Minister was Donald Graham Cobb. Mr. Cobb spent three and one half years in Paris between 1954 and 1958 as a visa control officer (which, in effect, meant security officer) and was then posted to Rome and Cologne between 1958 and 1962. He testified that in Paris he worked under the tutelage of senior officers namely, Percy Colville, a retired British police officer, and Sergeant Henri Chénier. He indicated that the first order of business in screening an applicant was to establish the person"s identity. If there was any doubt, the applicant would be asked to provide documents to verify his identity. The second order of business was to obtain information from the applicant regarding his activities during the war. Finally, Mr. Cobb explained that the security officer would attempt to obtain information regarding the applicant"s political history. Mr. Cobb stated that what he did between 1954 and 1958 was simply a continuation of what the Paris office had been doing in the past. He indicated that the rejection criteria which appears in the memorandum of September 16, 1949 was the criteria that he applied in dealing with applicants. Mr. Cobb made it clear that "they were not focussing on the small fry". He explained that there was a group of four to five people working together in the Paris office who consulted with each other and with the London office. Mr. Cobb explained that French citizens were screened like all other applicants. However, contrary to non-French applicants, French citizens were not interviewed. In cross-examination, Mr. Cobb stated that a great majority of people who applied through the French office were non-French. He indicated that he believed he had processed approximately 3,000 cases during his years in Paris. The rejection rate, according to Mr. Cobb, was probably five percent of all cases. In redirect, Mr. Cobb indicated that a non-French applicant who had obtained a medal from the French resistance would nonetheless have been screened thoroughly.

[115]    The Minister also called Donald D. Cliffe who had been posted to Italy in March 1951 where he spent three years. He returned to Canada in September 1954 for two months and was then sent to Stockholm and Helsinki for two and one half years. In 1957, he was sent to Switzerland until the summer of 1958. Mr. Cliffe explained that he was the "control" officer and worked with a medical doctor and a visa officer. He explained the visa control process as follows. Applications would be received by the visa officer who would then pass the file on to the security officer. The security officer would attempt to gather information regarding the applicant"s activities from 1938 onwards and would attempt to obtain data from various intelligence networks. The security officer would then conduct interviews with the applicants. He referred to this process as "stage B". He testified that, if the security officer informed the visa officer that the applicant did not pass security, it was the end of the matter. He also stated that, as part of the process, an applicant would be seen and examined by a medical officer. He stated that the London office had overall responsibility for the screening process and that the rejection criteria which appears in the memorandum of September 16, 1949 was the criteria that he based his decision on in deciding whether or not an applicant should be rejected. He made it clear that all collaborators were to be rejected and that he acted accordingly. He testified that auxiliary police in Ukraine and in the Baltic States were, as far as he was concerned, collaborators and should have been rejected. In cross-examination, Mr. Cliffe explained that it was possible for him and other security officers to exercise some discretion in dealing with applicants. He gave as an example the case of an Italian uneducated labourer who would have joined the Italian Fascist Party because it was the thing to do but, in fact, had not participated in any of the party"s activities. In such a case, Mr. Cliffe stated that he would probably not have rejected such an applicant.

{115} [It is our understanding, that until 1959 the RCMP Act did not grant the RCMP authority to undertake security screening abroad. Thus, we question the legality of any security screening carried out by RCMP officers Kelly, Cobb and Cliffe.

[116]    The Minister also called Lucien Roger St-Vincent who joined the immigration services in November 1947. In 1948, he was posted to Germany as a visa officer. While in Germany, he worked with a doctor and a security officer and they travelled together to various refugee camps, including camps in Austria. He stated that the applicant"s file was always brought to the security officer and then to the medical officer. He made it clear that he would never overrule a security officer"s decision. He explained that an applicant"s war time activities fell under the responsibility of the security officer and that evasive applicants were always sent to the security officer. In 1951, Mr. St-Vincent returned to Montreal for five years where he was a port of entry officer. By "port of entry", Mr. St-Vincent meant that he would, on occasion, be called upon to attend on ships which arrived in Montreal with sometimes 600 to 900 immigrants on board. He explained that immigrants were landed in Canada upon their arrival in the country and that the port of entry officer would verify, amongst other things, where the immigrants had boarded the ship in Europe. He explained that port of entry officers would board a ship upon its arrival in Quebec City or Montreal and conduct an examination of every immigrant on board that ship. This would take approximately four to five hours. Mr. St-Vincent explained that the immigrant"s visa was evidence of his admissibility to Canada but that, in the end, landing in Canada was the decision of the landing officer at the port of entry.

{116} [We note that the numbers quoted correspond to interview times of 16 to 30 seconds per person if there is only one landing officer.]

[117]    Walter Gunn was also called by the Minister. He joined the immigration services of Canada in 1946 as an immigration officer in the Montreal downtown office. From 1950 to 1954, Mr. Gunn was a port of entry officer and explained that teams of six to twelve officers would go on board ships arriving in Montreal and Quebec City. He explained that the duty of a port of entry officer was to enforce the Immigraction Act and Regulations so as to exclude from Canada inadmissible persons. He explained that, until the end of 1951, port of entry officers used a particular form, namely the Canadian Government Return Form ("C.G.R."). Mr. Gunn explained that the C.G.R. would be filled out during the voyage by the ship"s purser. Presumably, the ship"s purser would accomplish this task while speaking to the immigrants onboard and verifying their documents. Upon the ship"s arrival in Canada, the port of entry officers would review the information appearing in the C.G.R. with the immigrants to verify whether that information was accurate.

{117} [The interview times increase to 96 seconds to 6 minutes per person. Obviously, these procedures were just an administrative formality.]

[118]    I should point out that the C.G.R. for the ship NELLY which sailed from Le Havre on August 6, 1951 and arrived in Quebec City on August 14, 1951, was adduced in evidence. It contains entries in the name of Nicolas and Maria Schpirka. The form clearly shows that the Schpirkas were landed by an immigration officer [NAME?] in Quebec City on August 14, 1951. I should also point out that the form indicates that Mr. Katriuk declared that he was born in Mamaieski18, Ukraine. The form also shows that Mr. Katriuk declared that his nationality was Ukrainian. In his application for Canadian citizenship, however, the respondent declared that he was born in Luzhany, Romania, and that his nationality was Romanian.

{118} [Most people equate nationality with ethnicity. In 1951, Mr. Katriuk stated he was Ukrainian. However, in 1958 under the tutelage of his lawyer, Mr. Katriuk responded in a more legalistically correct manner.]

[119]    From 1954 to 1957, Mr. Gunn was posted to Brussels where he was a visa officer. He explained that there were two doctors, one security officer and three visa officers employed in the Brussels office. Mr. Gunn stated that he issued over 4,000 visas during his three years in Brussels.

{119} [Obviously, if the visa officers spent 15 to 20 minutes per person, the security officer would only have 5 to 7 minutes per person. Since an interpreter would have to be used, this would barely be enough time to exchange greetings and names.]

[120]    In her rebuttal evidence, the Minister called Alex Trupp who joined the R.C.M.P. in 1947 at the age of twenty. Mr. Trupp was posted to Germany from 1953 to 1956 as a visa control officer. He testified that, while there, they (he and two other "seasoned" officers) were looking for Gestapo, S.S. criminals, communists and collaborators.

3.5.3 DEFENSE TESTIMONY
{121}
[121]    I will now address the evidence submitted by Mr. Katriuk regarding obtaining his visa through the Paris office in 1951. Mr. Katriuk and his wife applied for visas in the names of Vladimir and Maria Schpirka. They applied for their visas under false names. As I have already indicated, Mr. Katriuk's position is that he was never asked, when he applied to come to Canada, what he did during the war years. He also testified that he was not interviewed. He indicated that a form had been filled out by an employee at the Consulate who had taken information from his identity card. Finally, as no one asked him about his activities during the War, Mr. Katriuk stated that he did not volunteer the information.

[122]    I now turn to the evidence of Mrs. Katriuk. When the Schpirkas applied to come to Canada in 1951, Mrs. Schpirka knew that her husband"s real name was Katriuk. She testified that they attended the Canadian Consulate on three occasions. The first time, they obtained information with regard to what had to be done. The second time, they brought their documents and the third time, they saw a doctor who took chest x-rays. She explained that an employee of the Consulate asked questions which they answered and that the employee filled out a form on their behalf. Although she could not specifically remember, Mrs. Katriuk, in cross-examination, conceded that she and her husband must have signed the form. Mrs. Katriuk did not remember being asked any questions regarding her residences and employments since 1938.

[It is not clear whether Judge Nadon feels that Mrs. Katriuk should be denaturalized and deported.]

[123]    Mr. Katriuk called two former Ukrainian colleagues of Battalion 118 to testify on his behalf. The first witness was Ivan Serbyn. Mr. Serbyn was born in 1919 in Bukovina, Romania. He, like Mr. Katriuk, left Bukovina in 1941 to go to Kyiv. Mr. Serbyn was part of a group of men who, in 1944, left their battalion to join the FFI. Mr. Serbyn also refused to return to Russia and, as a result, enrolled in the FFL for a period of three years. As a member of the FFL, he was sent to Algeria where he underwent training in preparation for Indochina. While in Algeria, a Soviet Reconnaissance Group asked him to return to Russia and the FFL suggested that he change his name and go to Indochina. He decided to return to the Ukraine. The Russians put him on a ship bound for Europe and, when he arrived in the Russian zone of Germany, he left and made his way to Paris. In Paris, he obtained a temporary permit of three months which, in due course, was extended to ten years. He then went into business with Mr. Katriuk. Mr. Serbyn, like Mr. Katriuk, was a butcher.

[124]    In the spring of 1951, after receiving a letter of invitation from a M. Bannet, a Ukrainian who had immigrated to Canada around 1949, Mr. Serbyn attended the Canadian Consulate in Paris to inquire about his chances of being admitted as a permanent resident. Mr. Serbyn testified that he was informed by someone at the Consulate that, if he could pass the medical examinations and demonstrate that he owed no taxes to the French government, he should have no difficulty. Within a short period of time, Mr. Serbyn and his wife (a French national) were back at the Consulate with their documents. Mr. Serbyn"s wife presented her French passport and Mr. Serbyn presented his identity card. Both Mr. and Mrs. Serbyn were examined by a medical doctor. Shortly thereafter, the Serbyns were informed that their visas would be issued. Mr. Serbyn does not remember being asked any questions regarding his activities during the Second World War. Mr. Serbyn became a Canadian citizen in 1957 or 1958.

[It is not clear whether Judge Nadon feels that Mr. Serbyn should be denaturalized and deported.]

[125]    Mr. Katriuk also called as a witness George Hiltschuk, another Ukrainian from Bukovina. Mr. Hiltschuk was born on July 18, 1921. He met Mr. Katriuk during the march to Kyiv in the fall of 1941. In 1942, Mr. Hiltschuk became a member of Battalion 118. He was in platoon number 2 of company 1. He also joined the FFI in August 1944. In November 1944, Mr. Hiltschuk enrolled in the FFL for a period of three years. Shortly after joining the FFL, he was sent to Oran, Algeria, for military training. He spent one and one half years in Africa and was sent to Vietnam. He remained in Vietnam for eighteen months and then returned to Paris. As he already knew Mr. Katriuk and his wife, he contacted and stayed with them. In 1950, Mr. Hiltschuk decided that he wanted to visit his uncle who had been living in Toronto for over thirty years. On the basis of a letter of invitation received from his uncle and evidence that his travel costs were paid, Mr. Hiltschuk was given a visa for six months. Mr. Hiltschuk testified that, in the course of obtaining his visa, he was never asked about his activities between 1938 and 1945. He boarded a ship at Le Havre and landed in Halifax in December 1950. He stayed with his uncle for a few months and, at the end of January 1951, commenced work in a factory on St-Clair Avenue in Toronto, even though he did not have a work permit. At the end of his six months in Canada, he informed his uncle that it was his desire to remain in Canada. He went to an immigration office in Toronto with his uncle and his uncle signed an application to sponsor him as a permanent resident. In April 1953, Mr. Hiltschuk was landed as an immigrant to this country. Five years later, he applied for Canadian citizenship and was successful. At no time during this whole process does Mr. Hiltschuk remember being asked anything about his activities during the Second World War.

[It is not clear whether Judge Nadon feels that Mr. Hiltschuk should be denaturalized and deported.]

3.6
SUMMARY AND FINDINGS

{126} [In the sections below, Judge Nadon uses the term "in my view" twelve times. He thus concedes that alternate interpretations of the evidence are possible. We suggest that the vast majority of people familiar with the issues would disagree with his views.]

[126]    Order in council P.C. 1950/2856, enacted pursuant to paragraph 38(c) of the Immigration Act, 1927, allowed the Government of Canada to prohibit or limit the landing in Canada of certain categories of immigrants. By way of Direction No. 14, Cabinet made it clear that collaborators and users of false or fictitious names or documents were inadmissible under the Immigration Act, 1927 and should be refused a visa.

[In sections [96], [103], [110], [111] and [126], Judge Nadon refers to Order-in-Council P.C.-2856, presumably passed on June 9, 1950, to liberalize immigration rules and revoke P.C.-2743. There is no reference to collaborators or false names in these sections. In section [93], Judge Nadon states: "On Oct. 28, 1949, cabinet issued Directive No. 14", which, presumably, does refer to collaborators and false names. We fail to follow Judge Nadon's logic in this regard. We would have thought that the 1950 Order-in-Council P.C.-2856 (deliberately issued to liberalize immigration rules) would have superceded the 1949 Directive No. 14, rather than reinforce it.

Although we are in no position to rule on the legalities of Cabinet Directives, we submit that they do not carry the moral authority of legal statutes passed by the Parliament of Canada.]


[127]    The R.C.M.P., which had been entrusted with the responsibility of screening prospective immigrants on security grounds, was made aware of Cabinet"s decision to reject certain categories of immigrants and, more particularly, had been told that collaborators and users of false or fictitious names or documents should be rejected. It is clear from the documents and from the testimony of the former R.C.M.P. officers that the officers in the field had been informed with respect to the rejection criteria and, more particularly, regarding collaborators and users of false or fictitious names or documents. Of that, in my view, there cannot be any doubt whatsoever.

{127} [We have noted above that the RCMP Act did not grant the RCMP authority to conduct security screening abroad. We have also noted that there is general consensus that the RCMP had been infiltrated by Soviet intelligence. The infiltration of British intelligence by Kim Philby, Guy Burgess, Donald Maclean, Anthony Blunt and others has been well documented.

Judge Nadon has certainly expended a great deal of effort to justify his views on the theoretical aspects of security screening. Theory is not reality. Judge Nadon himself admits that there is no record of any security screening taking place in Paris of Mr. Katriuk, or anyone else. He has not produced any evidence in this regard whatsoever. In fact, all testimony indicates otherwise.]


[128]    I am satisfied that there was an immigration process in place which, if followed, would, in all likelihood, have led to the rejection of Mr. Katriuk. When I say that there was an immigration process in place, I mean that the government, through the Security Panel, had established criteria by which the admissibility of applicants for permanent residence in Canada would be decided and that the relevant criteria had been passed on to the agency whose responsibility it was to apply the criteria to those who applied for a visa. "Collaborators" and those who used false or fictitious names were categories of immigrants who were not to be admitted into this country by the R.C.M.P.. The former R.C.M.P. officers who testified before me all agreed that non-Germans who had fought with the German army or who had helped the German Forces against the allies were, as far as they were concerned, collaborators and were to be rejected.

{128} [Judge Nadon is presumably referring to William H. Kelly, who was in London collaborating with British intelligence from 1951 to 1954; Donald Graham Cobb, who was in Paris from 1954 to 1958; and Donald D. Cliffe, who was in Italy from 1951 to 1954. They certainly had nothing to do with Mr. Katriuk in Paris in 1951. These are paid expert witnesses for Anne McLellan and her minions, who would not be testifying if their testimony was not satisfactory to the prosecution. Like all bureaucrats, they must justify their existence. Does Judge Nadon expect them to testify that they were slovenly and that their performance was not perfect?]

[129]    One of the issues which I must decide is whether Mr. Katriuk, when he applied for a visa to enter this country in 1951, was asked to provide information concerning his activities between 1938 and 1945, either by way of questions in the form that he signed or by way of questions posed by the security officer during an interview.

{129} [There is no evidence whatsoever that Mr. Katriuk was asked to provide such information by the employee of the Canadian Consulate in Paris in 1951, who filled out the immigration application form on behalf of Mr. and Mrs. Katriuk. Furthermore, the overwhelming evidence is that Mr. and Mrs. Katriuk were not interviewed by an RCMP security officer.]

[130]    There is not much evidence concerning the Paris Consulate in 1951. The closest we get to the Paris Consulate is by way of the information which appears in Major Wright"s report to R.C.M.P. Headquarters in November 1950. In that report, Major Wright relates his meetings and discussions with the security officer in the Paris office, Sergeant Colville, and the immigration officer-in-charge, Mr. Cormier. It appears from Major Wright"s report that Sergeant Colville was overwhelmed with work and, as a result of his discussions with Colville and Cormier, Major Wright made a strong recommendation that a second security officer be posted to Paris "as soon as possible". Major Wright makes it clear in his report that one of the reasons a second officer is necessary in the Paris office is that this "would enable personal interviews of all immigrants to be made". As I indicated earlier, there is no evidence that a second security officer was sent to Paris to assist Sergeant Colville. Was Sergeant Colville in the Paris office when Mr. Katriuk applied in 1951? If he was, was he the only security officer or had another officer been posted to Paris? There is no evidence whatsoever in that regard.

{130} [We repeat the words of Judge Nadon: No evidence whatsoever.]

[131]    I know for a fact that the immigration officer in charge of the Paris office, Mr. Cormier, was still there in January 1951 since I have evidence of correspondence between Mr. Cormier and the Department of Citizenship and Immigration in Ottawa regarding the revised O.S.8 form. In his letter to Ottawa dated January 8, 1951, Mr. Cormier indicates that the Paris office, for stage "B" purposes, will attach to the revised O.S.8 form a questionnaire which the applicant will have to fill out. The questionnaire, which I reproduced earlier, requests the applicant to provide his residences and employments since 1939. It also requests the applicant, if not born in France, to indicate where and when he entered France.

{131} [And as we indicated earlier, there is no evidence whatsoever, that Mr. Katriuk or anyone else filled out such a form.]

[132]    The above is, for all intents and purposes, the whole of the evidence concerning the Paris office in 1951. No one who was employed at the Paris Consulate in 1951, either as a security officer or visa officer, was called by the Minister to testify. Further, no one was called by the Minister to testify with respect to the specific process in place in that office in 1951 and, more particularly, the manner in which visa applications were processed.

{132} [Then why did Judge Nadon proceed with the case? He could easily have excused himself. Was he afraid that he would be denaturalized and deported had he done so?]

[133]    The evidence has shown, for example, that Mr. L.M. Carter was an employee in Canada"s Consular Service in Paris in January 1949. The evidence has also shown that Mr. A.J. Desjardins was the attaché, Visa Section, Paris, in August 1949. I also have evidence that Sergeant Colville of the R.C.M.P. and a Mr. Cormier were in the Paris office in November 1950. Through the evidence of George Hiltschuk, it was also shown that, in December 1950, one of the visa officers in the Paris office was a Mr. Mitchell. According to Joseph Gunn, Mr. Mitchell, a high ranking officer in the Visa Section in Paris, had been living in Canada when he died three or four years ago. The Minister did not offer any explanation as to why none of these potential witnesses were called. I know through the evidence that Mr. Mitchell is dead. However, with respect to the other potential witnesses, the evidence is silent.

{133} [Repeat: The evidence is silent.]

[134]    One would also have expected the Minister to call as witnesses, persons who immigrated to Canada at about the same time as Mr. and Mrs. Katriuk in order to show how visa applications were being processed by the Paris office and to show that the Paris office was asking prospective immigrants what they did between 1938 and 1945. These witnesses could have also testified with respect to the immigration process as implemented by the Paris Consulate. For example, the C.G.R. form, to which I referred earlier in these reasons, contains the names of every passenger who came to Canada in August 1951 onboard the ship NELLY. Many of these passengers, as appears from sheet number 49 on which the names of Mr. and Mrs. Schpirka are found, boarded the NELLY at Le Havre. All I have in evidence is one sheet of the C.G.R. form and it is clear that there were at least 49 sheets and perhaps more, each containing the names of at least 20 immigrants. Once again, the Minister did not offer any explanation as to why no one was called to testify with respect to the form being used and the questions being asked at the Paris office in 1951.

{134} [Repeat: Anne McLellan did not offer any explanation for her failure.]

[135]    The end result is that the Minister adduced no evidence, other than the documentary evidence to which I have already referred, to demonstrate that Mr. Katriuk was specifically asked about his war time activities. I am not concluding that Mr. Katriuk was not asked about these activities, rather I am concluding that the Minister has not met the burden imposed upon her to establish that fact.

{135} [Repeat: Anne McLellan has not met the burden of proof.]

[136]    Before moving on to the events of 1957 and 1958 in Montreal, I must say a few words about the immigration form in use in the Paris office in 1951. Form O.S.8 and revised form O.S.8 were sent to the various consulate offices abroad, including the Paris office. Revised form O.S.8 did not contain questions which dealt specifically with an applicant"s war time activities. As appears from Mr. Cormier"s memorandum of January 8, 1951, he informed his superiors in Ottawa that the Paris office did not believe that the revised O.S.8 form was sufficient for the purposes of stage "B". That is why Mr. Cormier indicated that a questionnaire would be attached to the form so as to obtain from the applicant information regarding his residences and employments since 1939. Was there a question in the form which Mr. and Mrs. Schpirka filled out when they applied in 1951, which sought from them specific information regarding their activities during the war years? On the evidence, I am not prepared to make such a finding. However, I am prepared to find, and do find, that Mr. Katriuk must, at the very least, have been asked to answer the two questions which appear on either form O.S.8 or revised form O.S.8., namely details regarding the longest job he had had in the last ten years and the number of jobs he had had during those ten years. I am also finding that Mr. Katriuk must have been asked when and how he arrived in France. Mrs. Katriuk made it clear during her cross-examination that a number of questions had been asked by an employee of the Consulate. She conceded that she and her husband must have signed an application. She specifically remembered answering a number of questions which appear either on form O.S.8 or on revised form O.S.8. In discussing the events which took place in Montreal, I will be returning to the questions which I believe were asked of Mr. Katriuk and which, in my view, were not truthfully answered.

{136} [We are pleased that Judge Nadon appears to concede that an employee of the Consulate (not an RCMP security officer) filled out the forms on behalf of both Mr. and Mrs. Katriuk. The employee's main concern was to satisfy the demands for immigrants of Immigration Canada and he probably filled out over thirty such forms a day. There is no way of ascertaining what form was filled out or what questions were asked. However, let us play Judge Nadon's game and propose answers to his proposed questions.

Mr. Katriuk's, or rather Mr. Schpirka's, longest job was obviously the 3 years running his business from 1948 to 1951. Previous to that he had jobs as a butcher -- one for 2 years and one for 8 months. Previous to that, he would have stuck with the cover story his compatriots in the French partisans had prepared for him and which was reflected in his ID papers. For all we know, he could have truthfully said that he was forced to work (one year in Kyiv and one year in Belarus) and fight for the Germans and defected to the French partisans when he found the opportunity. But, of course, he would not have revealed that his real name was Katriuk for fear of being courtmartialed and shot by the FFL. If Mr. Katriuk had not had that unfortunate episode with the FFL and been forced to change his name, his answers would have been virtually the same and the outcome would have been the same. This is attested to by the thousands of other refugees immigrating from Europe under similar circumstances.]


[137]    The above findings do not, however, allow me to answer the question posed by the Minister as to whether Mr. Katriuk obtained his Canadian citizenship by false representations or fraud or by knowingly concealing material circumstances. In order to answer this question, it is necessary to examine the events which took place in Montreal in 1957 when the applicant applied to the Department of Immigration to correct the name under which he was landed in Canada on August 14, 1951.

[138]    The purpose of Mr. Katriuk's application for correction of his visa application was not simply to correct his name. The true purpose, in my view, was to allow the landing of Vladimir Katriuk on August 14, 1951, in Quebec City, failing which Mr. Katriuk could not apply and obtain, as he did, Canadian citizenship in 1958. I have already related the relevant facts and made reference to the relevant correspondence which led to the Department"s decision to amend its records and to show that Vladimir Katriuk and his wife Maria Stephanie Katriuk were granted landing at Quebec City on August 14, 1951.

{138} [Only a sick twisted mind would make the suggestion that Mr. and Mrs. Katriuk would have some ulterior motives in wanting to revert to their true names. They could very easily have obtained their citizenship under the name of Schpirka and lived in anonymity for the rest of their lives. Instead, out of self-respect for their own identity and respect for their new country, Canada, they went through the complicated procedure -- very sincerely and very openly -- of changing their names back to Katriuk. Since its inception Canada had welcomed millions of the poor and the hungry to develop its vast area. They were grateful to be given the opportunity to live in and help build Canada.

Marc Nadon owes Vladimir and Maria (Kawun) Katriuk an apology. Marc Nadon owes Canadians an apology.]


[139]    Mr. and Mrs. Schpirka were landed in Quebec City on August 14, 1951. In applying for a visa to come to Canada and in obtaining landing, they knowingly concealed material circumstances in that they failed to divulge their true identities. As a result, the officers in the Paris Consulate were, no doubt, deprived of essential information that might have enabled them to determine whether or not Mr. Katriuk should be admitted to Canada. That is why, in my view, the question posed by the Minister cannot be answered without considering together the events in Paris in 1951 and in Montreal in 1957. In other words, in order to decide whether Mr. Katriuk obtained his Canadian citizenship by false representation, or fraud, or by knowingly concealing material circumstances, Mr. Katriuk's application in 1957 and the information provided by him to obtain the correction of his name must be considered as part and parcel of his 1951 visa application. This, in my view, is the correct approach in law since the respondent, Vladimir Katriuk, was granted landing in Quebec City by reason of the decision taken in Montreal in 1957.

{139} [The employee in the Paris Consulate who filled out the immigration forms on behalf of Mr. and Mrs. Schpirka was obviously deprived of the knowledge that their true names were Katriuk. Beyond that, there is no evidence whatsoever that the employee asked any questions, which were not answered truthfully and which may have influenced the employee in granting the application.]

[140]    Mr. Katriuk's affidavit dated October 18, 1957 is not in evidence. No explanation was given to me why the affidavit was not available. All I know concerning that affidavit is what appears in the memorandum of October 17, 1958 sent by the Department of Immigration to the Registrar of Canadian Citizenship. It appears from that memorandum that Mr. Katriuk declared that he was born on October 10 [sic], 1921 at Luzhany, Bukovina, Romania, that he took refuge in France in 1944 and that he enlisted a few months later in the FFL under his true name. I know for a fact that Mr. Katriuk did not say anything in his affidavit concerning his activities prior to his arrival in France in 1944. I know this because Mr. Katriuk testified that he had not provided this information to his attorney Me Massé.

{140} [Once again Anne McLellan and her minions have failed in their duty to provide the relevant information.

Judge Nadon does not know anything "for a fact" about what was in the affidavit or what information Mr. Katriuk provided to Paul Masse. Judge Nadon implies that the affidavit in question was written by Paul Masse. Does Judge Nadon believe that Paul Masse was somehow "hoodwinked" by Mr. Katriuk? Even if Paul Masse were familiar with every last intricate detail of the life of Vladimir and Maria Katriuk, does Judge Nadon feel that Paul Masse would have written a different affidavit?]


[141]    Mr. Katriuk's statement that he "took refuge in France in 1944" is not, on the evidence before me, an accurate and truthful statement. Mr. Katriuk came to France, not as a refugee, but as a member of a battalion which had been fighting with Germany against one of the allied powers. It is true that at the end of August or September 1944, Mr. Katriuk and many of his colleagues left the German camp to join the French underground. However, in my view, it cannot be said by any stretch of the imagination that Mr. Katriuk "took refuge in France in 1944". That is simply not the case.

{141} [We must respectfully disagree with Judge Nadon. What better description is there than "took refuge in France in 1944" to describe the situation of Mr. Katriuk? He took refuge from the Germans with the French partisans when he deserted the German army. He fought with the French against the Germans until he was threatened by the Russian KGB with repatriation to the Soviet Union. He then took refuge with the French Foreign Legion and again fought with the Western Allies against the Germans, was wounded, recovered and fought once again. He was prepared to go to Vietnam. But when his commanding officer in the FFL threatened him with death, he deserted and once again took refuge with his comrades in the French partisans. He de facto lived as a refugee in France until he managed to immigrate to Canada. He stopped being a refugee when Judge Robitaille presented him with his Canadian citizenship on November 10, 1958. Or so he thought. What more could Judge Nadon possibly demand of a human being?]

[142]    It must be pointed out that Mr. Katriuk's application in 1957 is an application whereby he asks the Department of Immigration to amend its records on the basis of new information. The decision to allow the name change, and hence to land him as of August 14, 1951, was made on the basis of that information. This appears quite clearly from the letter dated May 13, 1958, sent by the Department to Me Massé to advise him that his clients" application had been granted.

{142} [But surely the Department made the appropriate checks and came to the appropriate decision. It must be emphasized that Mr. Katriuk followed the advice of his priest, his lawyer and the Department of Citizenship and Immigration in attaining the name change and his citizenship.]

[143]    The documents introduced into evidence by the Minister show that, commencing June 1955, a number of persons applied to the Department of Immigration to amend their landing records so as to allow them to revert to their true names. In a memorandum dated June 13, 1955 from the Chief, Admissions Division, to the Director of the Department, the following information appears:
1.     The following are suggested instructions to the field:

        There has come to light during applications for citizenship, a number of cases of persons having come to Canada under names other than their rightful ones and now wish to assume their proper names. If any of these persons come to the attention of the field officers, examination under Section 1919 is not to be invoked unless it is definitely established that the change of name was for the purpose of gaining illegal entry.

        The procedure to be followed is to secure the full particulars and the reasons for coming forward under assumed names. Such cases should be referred to Branch Headquarters so that consideration may be given to their request and to the amending of our records.

        Cases such as above where the persons are simply reverting to their correct name, should not be confused with the change of name which requires court action and the aid of a lawyer.

{143} [Who was the Chief, Admissions Division? Was this the same person who wrote the Oct. 17, 1958 memo referred to in sections [32] and [140]? How was this decision arrived at? Were there parliamentary or cabinet discussions and directives on the matter? Are records available? Was this memorandum specifically made for the benefit of the large number of Jewish immigrants who had illegally arrived after the war? It would be most interesting to examine the full list and circumstances of the beneficiaries of this directive.]

[144]    In June 1955, the Chief, Administration Division, sent a similar memorandum to the Chiefs of Divisions and Heads of Sections. In July 1955, a similar memorandum was sent to the District Superintendents. As appears from the memorandum of June 13, 1955, field officers were not to invoke Section 19 of the Immigration Act, 1927 unless they could "definitely" establish that the applicant had changed his name "for the purpose of gaining illegal entry". I must therefore conclude that Mr. Katriuk's application was granted because there was no evidence that he had changed his name for an improper or illegal purpose.

{144} [Once again, who was the Chief, Administration Division, etc.?

In the section below, we intersperse our comments throughout the text to try to respond to the incredible gymnastics of Judge Nadon's reasoning. Our apologies.]


[145]    Why did Mr. Katriuk state in his application that he had taken refuge in France in 1944? [Because it was the truth.] There is no evidence that he was asked any questions in respect of his 1957 application. Mr. Katriuk is the one who approached the Department of Immigration for the purpose of correcting his visa application file. In my view, he provided that information because he believed it was necessary for him to explain how he had arrived in France in 1944. [As stated earlier, Mr. and Mrs. Katriuk could easily have retained the name Schpirka the rest of their lives.] In my view, he was of that belief because, in all likelihood, that question had been asked of him in France in 1951. [Mr. Katriuk was certainly not "of that belief".] The questionnaire proposed to be attached to the revised O.S.8 form by Mr. Cormier contains a question which requires an applicant, not born in France, to state when and where he entered France. [There is no evidence whatsoever, that such a questionnaire was ever utilized.] That question appears below the question concerning his residences and employments since 1939. Although I am unable to find that the question relating to Mr. Katriuk's activities since 1939 did appear in the form which Mr. Katriuk signed or that that question was asked to Mr. Katriuk, I am prepared to find, and I do so find, that Mr. Katriuk must have been asked in France to indicate when and where he entered France. [This is pure speculation by Judge Nadon. We submit that even if the question had been asked, Mr. Katriuk could have replied truthfully (except for the name change) and the employee who filled out the forms for Mr. and Mrs. Katriuk would still have approved their application.] That is why, in my view, he provided that information in his affidavit of October 1957. [That is simply not true.] In any event, even if Mr. Katriuk was not asked such a question in 1951, that information was furnished to the Department of Immigration with a view of convincing the authorities that he had not entered Canada under a false name for an improper or illegal purpose. [It is abhorrent of Judge Nadon to suggest that Mr. and Mrs. Katriuk entered Canada for an improper or illegal purpose. They simply wanted to live in Canada and become good citizens.] Consequently, that information was, in my view, relevant and material to the decision which the Department took. If Mr. Katriuk had not concealed that he had arrived in France in August 1944 as a member of the merged battalion and his subsequent defection to the French underground, the likelihood is that the Department, in view of the applicable rejection criteria prescribed by the Government, would have, at the very least, investigated Mr. Katriuk through the available channels. [This is all speculation. There is no evidence that Mr. Katriuk deliberately concealed anything material from his lawyer or in the affidavit prepared by his lawyer.] As a result of this investigation, the Department would have then been in a position to decide whether Mr. Katriuk fell under an excluded category of immigrants. Whether or not the decision would have been favourable to Mr. Katriuk is not, in my view, relevant. [Judge Nadon's views are incredible!] In saying this, I am prepared to recognize that there was a possibility that an immigration officer could have decided to admit Mr. Katriuk to Canada. The evidence has shown that the Security Officers were vested with some discretion in making their decisions regarding the admission of collaborators. A number of documents support this point of view. In his February 9, 1949 memorandum to the Commissioner, the Associate Commissioner of Immigration, Overseas Service, states that "[a]ccording to instructions, if the proposed immigrant has been forced to serve the enemy forces and could obtain evidence to that effect he was then admissible". To the same effect is the memorandum sent by the Secretary of the Security Panel to the Panel dated April 30, 1952, where the Secretary states, at paragraph 10, that: "[p]resent immigration security policy prohibits the immigration of collaborators, but cases have so far been dealt with on their individual merits or demerits".
{145} [In our view, no matter what the circumstances proposed by Judge Nadon, the ruling of the immigration authorities would have been favorable to Mr. and Mrs. Katriuk.]

[146]    The decision of the Supreme Court of Canada in Minister of Manpower and Immigration v. Brooks, [1974] S.C.R. 850, stands, in my view, for the proposition that, even if the department"s investigation had not led to the rejection of Mr. Katriuk, the circumstances concealed by Mr. Katriuk are nonetheless material.

[... legal material re Brooks in [146], [147], [148], [149] deleted ...]

[150]    I am also of the view that the questions relating to an applicant"s jobs during the ten years prior to his application were such as to require an applicant to disclose, if that be the case, that he had been a participant in the Second World War. On the evidence before me, I can only find that Mr. Katriuk did not truthfully answer those questions. I should point out that I did not find Mr. Katriuk's evidence concerning his application for a visa in Paris in 1951 very credible. Mr. Katriuk's evidence was simply that the visa officer did not ask him anything. I do not find his version of these events plausible.

{150} [As stated above, there is no evidence whatsoever that the employee who filled out Mr. and Mrs. Katriuk's immigration form asked these questions. Participation in the Second World War was not a "job". Testimony by ex-immigrants at the Deschenes Commission to the effect that they were not asked about their wartime activities was found by the Commission to be credible. The least Judge Nadon could do would be to interview the thousands of people who passed through the Paris immigration turnstiles during the 1950s to ascertain a more realistic "version of these events".]

[151]    For these reasons, I must conclude that Mr. Katriuk was not lawfully admitted to Canada for permanent residence. Consequently, Mr. Katriuk is deemed to have obtained his Canadian citizenship by false representation, or fraud or by concealing material circumstances contrary to the Citizenship Act.

{151} [On page 224 of the Deschenes Commission Report, finding #43 states: "The existence of a presumption of fact that a former immigrant, if a war criminal, must have lied for purposes either of immigration or of citizenship, cannot be taken generally for granted, in light of the conflicting evidence before the Commission. It must be left to the courts to decide whether, in any given case, such a presumption has been established with a high degree of probability."

Despite the Verdict of Judge Nadon, any fair-minded person must conclude that Judge Nadon and Anne McLellan failed miserably in satisfying this criterion.

We also note that Judge Nadon uses almost the exact terminology of Mr. Amerasinghe (now chief prosecutor of the Canadian War Crimes Unit) in his 1983 proposals to utilize denaturalization and deportation as was being used by the Office of Special Investigations in the United States. (ibid. pp. 215-216)]


[152]    A few final points. During the hearing, I ruled that the evidence of Michael Jankowsky taken by way of Commission Evidence in Poland in April 1998 was inadmissible. In making the ruling, I orally gave my reasons. If the parties wish to obtain more detailed reasons, they shall so advise me.

[Who was Michael Jankowsky?]

[153]    I also heard an application by Mr. Katriuk to stay these proceedings on a number of grounds. That application is denied. Separate reasons will be given within fifteen days.

[154]    At the end of the hearing, counsel [Orest Rudzik] for Mr. Katriuk asked me not to dispose of the costs issue before he could address the issue. I will therefore not make a ruling on this and will leave it to the parties to speak to me on that issue as soon as it is convenient.

Ottawa, Ontario     "MARC NADON"
January 29, 1999    JUDGE
__________________

3.7 FOOTNOTES

1 Paragraph 10(1)(b) is also, in my view, relevant.

2 Page 78 of the transcript of Mr. Khrenov"s cross-examination of March 30, 1998.

3 By "Schuma", Professor Golczewski means "militia".

{f3} [We strenuously object to the creation and use of a term suitable only for grade B Hollywood movies by Golczewski, Messerschmidt and even Judge Nadon, himself. The proper terminology in German is Schutzmannschaft (singular) or Schutzmannschaften (plural). In the text above, we have changed to the appropriate English term Militia.]

4 4.    The Soviet occupation with its reprisals and executions, lasted until such time as Germany invaded the newly created regions of the Soviet Union in June of 1941 and shortly thereafter arrived in Bukovina together with its allied forces of Hungarians and Romanians.
5. Mr. Katriuk, as did many of his contemporaries and compatriots, anticipated the possibility of having Ukraine as an independent state, because of the rapid collapse of Soviet authority in retreat.
6.     Mr. Katriuk therefore joined a volunteer force which was intended to provide law and order in the territories being fled by the Soviet forces (who exacted fearful repressions and executions as they retreated), and eventually to provide the basis of a Ukrainian force which would allow Ukraine to maintain sovereignty as independent of both the Soviet Union and Nazi Germany.
7.     Mr. Katriuk, with his colleagues, for this reason set out for the capital of Ukraine, Kyiv, on a three month trek, which was interrupted as to entry in Kyiv because of Kyiv having been mined by the retreating Soviet forces so that Mr. Katriuk and his colleagues arrived in Kyiv only as of November of December of 1941.
8.     Once arrived in Kyiv and being stationed in some barracks that had previously been occupied by Soviet internal security, the command of his group unfurled a Ukrainian flag with the national symbol of a trident, which had been savagely repressed and prohibited by the Soviet authorities.

5 8.     Once arrived in Kyiv and being stationed in some barracks that had previously been occupied by Soviet internal security, the command of his group unfurled a Ukrainian flag with the national symbol of a trident, which had been savagely repressed and prohibited by the Soviet authorities.
9.     The Germans acted in exactly similar fashion as the Soviet by confiscating all such would be national symbols, arresting the command of any such Ukrainian unit, and executing the chief officers in order to make clear that no such national manifestations would be tolerated.

610.     Instead the Germans proceeded to create a force to assist them in maintaining law and order and to have guard duties, numbering such force the 115th Battalion. Service in such Battalion was indicated to Mr. Katriuk and his colleagues as the only alternative to deportation as slave labour to the Nazi Reich.

7 Pages 69 and 70 of the transcript of Mr. Khrenov"s cross-examination of March 30, 1998

8 For a complete and detailed review of Canada"s immigration policy, see the judgment of Noël J. in Canada (Minister of Citizenship and Immigration) v. Dueck, (21 December 1998), Ottawa: F.C.T.D., T-938-95 [unreported], at pages 67 to 73. At pages 73 to 87, Noël J. reviews in detail Canada"s policy regarding the security screening of immigrants. See also pages 17 to 21 (paragraphs 61 to 77) of McKeown J."s decision in Canada (Minister of Citizenship and Immigration) v. Bogutin, (1998), 144 F.T.R. 1.

9 See P.C. 695, 21 March 1931. The relevant portion of the Order in Council reads as follows:
The Immigration Officer-in-Charge may permit to land in Canada any immigrant who otherwise complies with the provisions of the Immigration Act, if it shown to his satisfaction that such immigrant is: -
A British subject entering Canada directly or indirectly from Great Britain or Northern Ireland, the Irish Free Sate, Newfoundland, the United States of America, New Zealand, Australia, or the Union of South Africa, who has sufficient means to maintain himself until employment is secured: Provided that the only persons admissible under the authority of this clause are British subjects by reason of birth or naturalization in Canada, Great Britain or Northern Ireland, the Irish Free Sate, Newfoundland, New Zealand, Australia, or the Union of South Africa.
A United States citizen entering Canada from the United States who has sufficient means to maintain himself until employment is secured.
The wife or unmarried child under 18 years of age of any person legally admitted to and resident in Canada who is in a position to receive and care for his dependents.
The father or mother, the unmarried son or daughter eighteen years of age for [sic] over, the unmarried brother of sister, the orphan nephew or niece under sixteen years of age, of any person legally admitted to and resident in Canada, who is in a position to receive and care for such relatives. The term "orphan" used in this clause means a child bereaved of both parents.
An agriculturist having sufficient means to farm in Canada.
The fiancee of any adult male legally admitted to and resident in Canada who is in a position to receive, marry and care for his intended wife.
A person who, having entered Canada as a non-immigrant, enlisted in the Canadian Armed Forces and, having served in such Forces, has been honourably discharged therefrom.

10 P.C. 6687, October 26, 1945

11 At page 915 of volume II (2nd ed.) of the Canadian Encyclopedia, the following entry appears under the name of Gouzeko, Igor Sergeievich:
Gouzenko, Igor Sergeievich, intelligence officer, author (b at Rogachov, USSR 13 Jan 1919; d near Toronto late June 1982). At the beginning of WWII Gouzenko took intelligence training and in 1943 was appointed cipher clerk at the Soviet legation in Ottawa, where he learned that Soviet intelligence operated several spy networks in Canada. Disenchanted with Soviet life and politics, he decided to defect when he learned in 1945 that he and his family were to be sent home. On Sept 5 Gouzenko left the embassy with documents illustrating Soviet espionage activities. Initially, no one in Ottawa took him seriously; only on Sept 7, following an abortive Soviet attempt to recapture him, were he and his family given protective custody. When it became evident that a widespread espionage network was operating, Mackenzie King"s government authorized the arrest of 12 suspects. After interrogation, they were brought before a royal commission. Gouzenko"s testimony and documents impressed the commissioners, who confirmed in July 1946 that a spy ring had been operating in Canada, aimed at, among other things, the secrets of the atomic bomb. A number of suspects were subsequently convicted and imprisoned.                                    Gouzenko was given a new identity, and for the rest of his life he and his family had police protection. He produced a memoir, This Was My Choice (1948), and a novel, The Fall of a Titan, which received the Gov Gen"s Award (1954). From time to time he emerged from the shadows, always wearing a protective mask, which for most Canadians became his trademark. Even his death apparently from natural causes, was surrounded in secrecy.

12 At that time, Colonel L. Fortier was the associate Commissioner, Overseas Service, Immigration Branch.

13 Expert witness Nicholas D"Ombrain, called by the Minister, explained in his affidavit dated July 31, 1997, Cabinet Directives as follows:
22.     As has been seen, Cabinet documents were treated with very great secrecy, as is still largely the case today. As has also been noted, the role of the Cabinet, although vital to the smooth functioning of government, is essentially informal. The early years of the Cabinet Secretariat were necessarily experimental. One such experiment was the creation of a new class of documents, known as "Cabinet Directives". These were administrative instructions of general application, whose utility lay in their widespread distribution throughout the Public Service. They dealt with subjects such as instructions on the drafting of legislation, security clearance standards and procedures for government employees, the granting of special holiday leaves for occasions such as royal visits, and rules for flying the Canadian flag.
23.     Cabinet Directives are not to be confused with Records of Cabinet Decision, Cabinet Conclusions or Decision Letters. They are essentially public documents, widely available and not, for example, covered by the exceptions set out in Section 69 of the Access to Information Act dealing with Cabinet confidences. In the 57 years since the creation of the Cabinet Secretariat, there have been fewer than 50 Cabinet Directives. This contrasts with the production of approximately 300 memoranda to Cabinet in a typical year.
24.     It should be noted that the term Cabinet Directive is frequently used in a rather loose and imprecise way to refer to Cabinet Decisions. I have noted this in some of the documents that I have reviewed for this affidavit.

14 There is no evidence as to whether Major Wright"s recommendation that an additional security officer be posted in Paris was ever followed up.

15 "Stage B", as we will see later, was the process by which the security officer screened a perspective immigrant.

16 Laval Fortier was the Deputy Minister, Department of Citizenship and Immigration.

17 This appears in the minutes of a meeting of the Security Panel dated May 21, 1952 relating the discussions which took place on May 15, 1952.

18 Attached as an exhibit to form part of the C.G.R. form is a typewritten documentn reproducing the manual entries which appear in the C.G.R. form. At the end of Column 7 of Line 22, the maker of the typewritten entries has indicated that Nicholas Schpirka was born in Mamaieski, Ukraina. However, I read the manual entry as possibly indicating the place of birth as being Mamaiesti. There appears to have been a village of the name Mamaiesti Vechi situated thirteen kilometres west north west of Chernovtsy. This village is apparently now named Altmamayeshti. The village of Luzhany, where Mr. Katriuk was born, appears to also be situated thirteen kilometres west north west of Chernovtsy. (See Where Once we Walked: A Guide to the Jewish Communities Destroyed in the Holocaust. By Gary Mokotoff ]Avotayu, Inc. 1991]).

{f18} [We are disturbed by this footnote because it may indicate that Judge Nadon was unduly influenced by the Holocaust Industry in arriving at his verdict in this case. Was this book submitted as evidence by the prosecution during the trial proceedings? Or was it given to him after the trial, when he was deliberating upon and writing his verdict?]

19 Immigration Act, R.S. 1952, c. 325 (the "Immigration Act, 1952"). Section 19(1)(e )(viii) reads as follows:
19. (1) Where he has knowledge thereof, the clerk or secretary of a municipality in Canada in which a person hereinafter described resides or may be, an immigration officer or a constable or other peace officer shall send a written report to the Director, with full particulars concerning    ...(e) any person, other than a Canadian citizen or a person with Canadian domicile, who    ...(viii) came into Canada or remains therein with a false or improperly issued passport, visa, medical certificate or other document pertaining to his admission or by reason of any false or misleading information, force, stealth or other fraudulent or improper means, whether exercised or given by himself or by any other person,