Iris Sopinka
On Sept 23, a group of Ukrainian Canadian community leaders met with health minister Allen Rock (Etobicoke Centre) to express their concerns with the government’s policy of Deportation and Denaturalization (D&D) and the Crimes Against Humanity and War Crimes Act. Meeting with Mr Rock in his Etobicoke riding office were Mary Szkambara, President of the Ukrainian Canadian Congress, Toronto Branch, Roy Kostiuk, President of the National Executive of the Ukrainian National Federation and Iris Sopinka, who lives in Mr Rock’s riding.
Ms Sopinka asked that the government re-examine its stand on the D&D Bill and remove the phrase “balance of probabilities.” She added that the government should take a closer look at the repercussions of these words, suggesting that concrete evidence be produced in court against the prosecuted before they are to be charged with non-disclosure of information upon entry into Canada. She cited the cases of Canadian citizens that have lived in the country for over fifty years – Wasyl Odynsky and Helmut Oberlander – both tried in civil court. She noted that justice was not being served by denaturalizing Canadians in such cases.
Ms Sopinka proceeded to quote from the findings of Justice R Sulthany, Canada’s leading expert on the evidentiary process. In the case of Mr Oberlander, Justice R Sulhant stated, “I have reviewed the evidence presented at the hearing…and the evidence does not support the conclusions reached by the learned judge [Justice Andrew MacKay]. A judge who admits and relies upon evidence which is not admissible in law makes an error in law. A judge who makes an erroneous finding of fact from the evidence presented and relies upon that fact to reach a conclusion, errs in law. A judge who draws unreasonable inference from the testimony of a witness and relies upon it in reaching decision, errs in law. In my view, such errors in law were made in this case by the learned judge”. (Ukrainian News, June 27-July 24, “UCC – APC briefs Kilgour on D&D”)
Outlining the UCC position, Mrs Szkambara offered support to the minister in bringing war criminals to justice, yet described the procedure of D&D as unfair and unjust. Additionally, she explained that justice must be meted out in Canadian courts of criminal jurisdiction in accordance with Canadian criminal law.
Mr Rock noted that as in the case of Imre Finta, [the former Hungarian police captain who moved to Canada in 1951 and acquitted of war crimes in 1990, a verdict upheld by the Canadian Supreme Court in 1994 –Ed.] who was tried in a criminal court, the government found the criminal trial approach thus far unsuccessful in bringing war criminals to justice. He told the community leaders that because of the failure of this method, the government was exploring other means of punishing war criminals. The community officials retorted that these other means were preventing justice from being served to these individuals.
A Jan 31, 1995 government statement was brought to his attention, in which the government promised it “will proceed with [D&D] only if there is some evidence of individual criminality.” It was pointed out that in the cases of both Odynsky and Oberlander, the government found no evidence of war crimes or of crimes against humanity. The community representatives offered that the government keep its word.
Mrs Szkambara continued by expressing her concern over the procedures used by the government to denaturalize Canadian citizens. She said that it seemed unfair that an unknown group of cabinet members meet behind closed doors and make decisions that deny the accused any form of appeal.
Mr Rock replied that all possible measures must be used to protect Canada from terrorists. Mrs Szkambara exclaimed that one should not equate either Odynsky or Oberlander with terrorists, as they have been living in Canada for over 50 years as law-abiding citizens.
Mr Rock strongly requested that the representatives not put words in his mouth. He declared that he did not call either one a terrorist but that laws are made for everyone.
Ms Sopinka pointed out that the issue of probability was not a fair evaluation of a person’s guilt and for this reason the D&D portion of the Crimes against Humanity Bill should not remain in the nebulous state that is presented in the bill.
Mr Kostiuk introduced himself as a retired lawyer and a newly elected National President of the Ukrainian National Federation. He agreed with the UCC Policy Paper on Crimes Against Humanity and felt that according to the government’s statements of Jan 31, 1995, no further proceedings should be continued against Mr Odynsky or Mr Oberlander. Furthermore, he felt there might be an issue of conflict of interest in having Elinor Caplan (Thornhill), Minister of Citizenship and Immigration as one of the members of cabinet who would be making the decisions in denaturalizing Canadians who are accused of crimes against humanity during WWII. It seemed unfair to him that the the government states that proceedings would not continue if no criminality were to be found, yet continues with the proceedings on the grounds of fraud even though initially the person was not brought to court on the grounds of fraud. It seems that the government has created a no-lose situation for itself.
Mr Rock, who formerly served as justice minister, jumped in at this moment and said that he had examined both cases carefully and that there were boxes and boxes of information. When questioned by Ms Sopinka what evidence was found to send these men to trial, he replied that at the moment he could not recall exactly what the evidence was, but he was adamant that there was enough evidence and that is why the cases were brought to trial.
At this point, the delegates brought the meeting to an end, having realized that the Minister was not listening to any of their arguments. His mind was made up, closed, sealed and nothing was going to change his opinions except perhaps an election, during which at least ten thousand Ukrainian Canadians in his riding would prove to him that they are of the opinion the D&D policy is unfair and unjust.