Libraries and Archives Canada will be issuing a recommendation whether to release the names contained in the second part of the Deschênes Commission Report
Marco Levytsky, Editorial Writer.
Several Russian propagandists, fellow travellers, Ukrainophobes and others, including some newspapers, have called upon the Government of Canada to release the names of the 883 individuals whose cases were examined by the 1985-1986 Commission of Inquiry on War Criminals in Canada, headed be the late Justice Jules Deschênes Commission.
The Commission’s reports consisted of two parts – the first an extensive almost 1,000-page examination of all the cases brought to its attention as well as presentations that were made — was released to the public. The second, which contained the names of the individuals whose cases were examined, was kept confidential. Justice Deschênes recommended sealing the names of those investigated to protect them from potential discrimination and harassment. As he wrote: “The Commission has not been created to revive old hatred that once existed abroad between communities which should now live in peace in Canada.”
The 883 names are contained in three different lists. This included a master list of 774 individuals, an addendum which included 38 additional names, and a list of 71 German scientists and technicians. The Commission determined that of the 774 names on the master list, 341 never stepped foot in Canada. This included 186 of the 217 former soldiers of the Galicia Division whose names were provided by the Simon Wiesenthal Center. Yet another 21 (at least five of whom were already deceased when the report was issued) had landed in Canada earlier but left for another country. A further 86 individuals did land in Canada but died before the Commission started its proceedings.
As for another 154 individuals, there was no prima facie evidence of war crimes. Prima facie literally ““first impression” is a legal term meaning that the initial evidence provided is sufficient to merit further investigation. If there is insufficient evidence for a prima facie case, it means close the file.
All in all, 606 cases were determined to merit no further action and were therefore closed.
In 97 cases, prima facie evidence could not be found, but was believed to exist in the Soviet Union or Eastern European nations. “Evidence” from Communist countries is well known to be fabricated or obtained through duress. Time constraints prevented the Commission from investigating the 38 names on the addendum, the list of German scientists and technicians, and 34 names from the master list for which answers had not been provided by foreign agencies. Because of these and other limitations, the Commission determined there was prima facie evidence of war crimes in just 20 of the nearly 900 cases it examined.
The Commission made recommendations on how to proceed in these cases, including deportation and criminal prosecution. As a result of the recommendations, changes were made to the Criminal Code that would allow war crimes alleged to have occurred in Europe to be prosecuted in Canada.
In December of 1987, such charges were laid against Imre Finta. He was accused of complicity in the transfer of over 8,600 Jews from Hungary to Nazi death camps but was found not guilty. As a result, the Government of Canada abandoned the criminal process with its requirement of guilt beyond a reasonable doubt, opting instead for the much weaker standard of proof “on the balance of probabilities” under the civil court procedure of Denaturalization and Deportation (D & D) that allows for a finding of legal culpability upon establishing that the likelihood that the individual lied upon coming to Canada exceeded 50% (by however small a margin). The government adopted this approach even though all records for the prior period in question had been destroyed. Moreover, as there was no need for evidence of criminality in civil court proceedings, no criminal conduct was alleged nor was any evidence of such ever presented. Ultimately, while a small number of Ukrainians had their citizenship revoked, no one was actually deported.
Now, due to the hysteria which ensued following Jaroslaw Hunka’s appearance in Parliament during Ukrainian President Volodymyr Zelensky’s visit on September 23, 2023, calls to release the names of “alleged Nazi war criminals” have once again been raised. It should be pointed out that although lobbyists and media use the term “alleged Nazi war criminals”, that label is inaccurate, misleading and highly inflammatory. To be an alleged criminal of any kind, one must first be charged with a crime and, aside from Finta, none of these individuals was ever charged with any criminal offense.
As a result of the pressure that has been exerted by the lobby groups, Libraries and Archives Canada (LAC) on June 6 began holding consultations with stakeholders to decide whether to release the names.
As of the time of this posting, the LAC had not yet released its decision. Hopefully it will not succumb to the pressure being exerted by lobby groups. These names should not be made public for the following reasons.
First: All, or virtually all, the individuals on this list are dead. They will never have their day in court, thus have no way of defending themselves.
Second: Aside from the 20 cases which were forwarded to the Government for further action, there was no evidence of wrongdoing in any of the other cases. Their names were sealed not because they were guilty, but precisely because they were found innocent.
Third: If their names are released there is an imminent threat to the safety and security of any of these individuals who are still alive. This threat also exists for the family members of all the individuals whose names are released. They will face substantial hardships, including harassment, threats, and discrimination as is evidenced, for example, by the defacing of cemetery monuments erected in honour of the Galicia Division.
Fourth and most important: The demand to release these names is not about justice. It is about advancing political agendas aimed at tarring Ukrainians as Nazi collaborators, fascist war mongers, and pedlars of hatred and intolerance towards racial, ethnic and religious minorities residing in their midst. Primary among them is Vladimir Putin’s political aim to not only detract attention from his genocidal war against Ukrainians but, to the extent possible, turn Ukraine’s allies against it and cause them to abandon their military, economic, humanitarian and political support of the Ukrainian state. He has claimed he is fighting Nazis and has enough useful idiots (or actual agents) in the West who parrot his claims to seriously impede support for Ukraine in its existential struggle for survival.
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