Introduction: Following upon the huge embarrassment caused not only to the Canadian Government, but to Canada as a whole, by the decision to invite a former member of a Ukrainian Waffen SS unit into the House of Commons where he was applauded as a “war hero,” we asked David Matas, renowned lawyer and expert on the issue of Nazi war criminals who were allowed into Canada following World War II, to write a piece providing an analysis how Canada has failed so badly, not only to prevent Nazis and individuals who cooperated with the Nazi regime, to enter Canada, but also to continually refuse to identify who those individuals were. Following is David Matas’s piece:

Getting access to Canadian Nazi war criminal records has to date been nearly impossible. Efforts to obtain access to relevant files and documents have been constantly frustrated and gone nowhere. The record is this.
On January 12, 2022, B’nai Brith Canada put in a request to Library and Archives Canada for Part II of the Report of the Commission of Inquiry on War Criminals. Part I was public in 1986 when the Commission reported. Part II was confidential.
Part II contained, according to Part I, 822 opinions on individual cases. The Commission recommended that the Government give “urgent attention” to investigating 20 files of alleged Nazi war criminals who might still be living in Canada. The report also recommended further investigation of 218 other possible Nazi war criminals living in Canada.
What happened to the 20 cases which were recommended for urgent attention and the further 218 which were recommended for further investigation? We have no idea. We know that there some cases which went to Court and we have the Court records of those cases. But which of these were part of the 20 or 218, if any, were not disclosed.
As of today, Library and Archives Canada, one year and ten months later, has not responded to the request for Part II, other than to acknowledge receipt and assign the request a file number. B’nai Brith Canada complained on December 5, 2022 to the Office of the Information Commissioner asking the Commissioner to issue an order setting a deadline for Library and Archives Canada to provide B’nai Brith with a copy of the Part II Report. That complaint, as of today, has not been decided.
Also on January 12, 2022, B’nai Brith Canada put in a request to Library and Archives Canada for records relating to investigations of alleged Nazi war criminals of the War Crimes Unit of the Department of Justice and the RCMP. Canada’s Program on Crimes Against Humanity and War Crimes Eighth Annual Report 2004-2005 stated that, since beginning this work, the Department of Justice had opened and examined over 1,800 files. Who are these people? What was the result of the investigations in these cases?
With that request too, Library and Archives Canada has not responded, other than to acknowledge receipt and assign the request a file number. B’nai Brith Canada complained as well on December 5, 2022 to the Office of the Information Commissioner asking the Commissioner to issue an order setting a deadline for Library and Archives Canada to provide B’nai Brith with copies of the war crimes records. That complaint, as of today, has, like the other complaint, not been decided.
B’nai Brith Canada on March 6, 2023 asked for an unredacted copy of Library and Archives Canada the September, 1986 report prepared by Alti Rodal titled “Nazi War Criminals in Canada: The Historical and Policy Setting from the 1940s to the Present” prepared for the
Commission of Inquiry on War Criminals. Justice Jules Deschênes who headed the Commission of Inquiry on War Criminals recommended release of the report in its entirety. He wrote: “This substantial study no doubt constitutes an outstanding contribution to the knowledge of this particular question and deserves wide distribution.”
Library and Archives Canada provided B’nai Brith Canada on July 5th 2023 a redacted copy of the report, albeit with fewer redactions than there were at the time of the original release of the report. B’nai Brith Canada complained to the Office of the Information Commissioner within 30 days of the refusal to release the unredacted report. That complaint remains undecided.
The 2000 International Holocaust Remembrance Alliance Stockholm Declaration commits the signatories to “take all necessary steps to facilitate the opening of archives in order to ensure that all documents bearing on the Holocaust are available to researchers.” Canada joined the Alliance in 2009.
The International Holocaust Remembrance Alliance Monitoring Access to Archives Project recommended in 2017 that governmental archival institutions “release Holocaust related records, irrespective of any personal identifying information or national security classifications”.
The US Nazi War Crimes Disclosure Act of 1998 created an interagency war criminals records working group to locate, identify, inventory for declassification and make public all classified Nazi war criminal records. The records subject to the Act include records of the assets of persecuted persons. The Act kept existing exemptions to disclosure in general laws, but required that they be strictly defined, with a presumption against the exemptions.
In addition to general requirements of strict definition and presumption against the exemptions, some of the exemptions were themselves redefined to limit their scope. The exemption from disclosure in favour of privacy is redrafted to become an exemption where there would be “a clearly unwarranted invasion of personal privacy”. The exemption in favour of national security interests is redrafted to become an exemption where disclosure “would clearly and demonstrably damage the national security interests of the United States”. The exemptions in favour foreign relations and diplomatic activities is redrafted to become an exemption where disclosure “would clearly and demonstrably damage” foreign relations or diplomatic activities. The exemption in favour of emergency preparedness plans is redrafted to become an exemption for information that “would seriously and demonstrably impair” those plans.
The records which were disclosed as a result of US Nazi War Crimes Disclosure Act give us an insight into why the documents were withheld. One set of documents showed that the US Government had a lot more detailed knowledge of the Holocaust while it was happening. Keeping this information confidential and not acting on it at the time, whether or not it fits arguably within any of the exemptions, does make the US government of the time look bad. There is presumably similar information in currently withheld documentation of other governments.
A second set of documents initially withheld and then disclosed through the US legislation was documents showing that the Government was providing haven for those complicit in Nazi war crimes because of their potential to assist the US in the Cold War. Again this sort of information now withheld may well be found in other archives.
A third set of documents initially withheld and then disclosed because of the legislation were documents which showed the initial unwillingness to bring Nazi war criminals to justice, and the argumentation both for and against within the government. This argumentation we know has been replicated elsewhere.
A fourth set of documents not yet fully available relates to the effectiveness and operational difficulties of Nazi war crimes prosecution efforts once those efforts got going. In Canada, there was a split between the investigation and prosecution efforts, with investigations allocated to the national police, the Royal Canadian Mounted Police and prosecution allocated to the Department of Justice. This fragmentation caused a sequence of operational difficulties about which we now have only partial knowledge.
There was also in Canada internal feuding within the Nazi war crimes Justice department unit, arguments whether the unit was too slow and cautious or overly energetic in the pursuit of their efforts. The documents we have now provide only a glimpse of this feuding.
A sixth set of documents not now completely disclosed is efforts of Nazi war crimes prosecution units that were established to obtain access to relevant documents in the Soviet Union and Eastern Europe. We know that there was a good deal of difficulty in getting that access and that eventually international agreements were negotiated that allowed foreign war crimes units direct access to those archives rather than working through local archivists. Again, this is a story which could be fully told only with release of all relevant documents.
A seventh difficulty is the inclination of archivists, government officials and Parliamentarians to address the difficulties in access to documentation all at once. Yet, attempting to do everything before one does anything is a recipe for doing nothing. Each request is particular, not least in the archival access issues it presents. An effort to resolve all these myriad issues in one fell swoop goes nowhere.
We can see in several countries self-exoneration and blame shifting as a form of Holocaust distortion. Everywhere the Nazis went they relied on local collaboration to identify, locate, detain and murder the Jewish population. What we see now in several countries is an effort to pretend that the locals were innocent, that the only perpetrators were the invading Nazis.
This whitewashing is not confined to the countries invaded. It is an attitude held within the populations which have emigrated from the invaded countries. This attitude had generated opposition to the effort to bring Nazi war criminals to justice and now generates opposition to disclosure of archives about those efforts.
Canadian privacy law allows for the lapse of the right to privacy twenty years after death. However, in the case of Nazi war criminal files, since the names of those, other than those whose cases have gone to court, are not known, neither is their dates of death. While the dates of death are not known to outsiders, they are either known or knowable to archivists.
The situation justifies these recommendations:
1) Obstacles to access to Nazi war criminal records stem from legislation which is general in nature. There needs to be legislation which is specific to Holocaust records and which provides an exception to these general requirements. The legislation needs to encompass Holocaust related archives concerning both perpetrators and victims.
2) National archives need to establish and maintain separate Holocaust records within their general collections.
3) Insofar as there is discretion in current legislation to allow for exceptions to prohibitions to access, that discretion should be exercised in favour of access to Holocaust related records, including Nazi war crimes records.
4) Parliament can obtain documents from Governments which the public can not obtain. Parliament should exercise that power to obtain Holocaust related records.
5) The public interest in access to Nazi war criminal files should prevail over the right to be forgotten.
6) There needs to be active review of Nazi war criminal files both to make publicly available the files where the dates of death are known and the fixed periods after dates of death in privacy legislation have passed, and to determine whether any of those to whom the files relate are still alive or, if dead, the dates of death, where the deaths or dates of death are not known.
Canada, as a member of the International Holocaust Remembrance Alliance, is committed to Holocaust remembrance. To remember the Holocaust, we must remember the victims. We must also not forget their murderers. While the murderers are alive, that means bringing them to justice. Once they are gone, it means providing public access to the record of their atrocities.
During the Holocaust, the murderers were in Europe. After the Holocaust, the murderers scattered around the world to escape justice. Thousands came to Canada. Howard Margolian, a historian with the War Crimes Unit with the Department of Justice, in his book Unauthorized Entry, estimated that 2,000 Nazi war criminals and collaborators entered Canada after World War II.
It is understandable that files about individuals who are still alive are not made accessible to the public unless there is legal action. But once the individual has died, there is no reason why the file could not be made public, no matter what the state of the evidence about the individual. Not doing so amounts to covering up the haven Canada has given to those complicit in Nazi war crimes with a blanket of secrecy.
Philosopher George Santayana wrote: “Those who cannot remember the past are condemned to repeat it.” Yet, we can not remember a past which remains hidden from us. To remember the past we must know the past. Only through public access to Holocaust archives can we learn lessons from those archives.
Learning lessons from the Holocaust is a legacy we can create for the victims, creating meaning from the senseless death of innocents. To learn those lessons, we need access to the archives which can convey them.
The effort at understanding, of learning the lessons from the Holocaust must never stop. For that history to be written, the files of those against whom there is compelling evidence of complicity in Nazi war crimes and who are now dead must be made public.
We have a duty to the victims, not just to remember that they died, but why they died, how they died. The picture of memory we paint must be real and complete. That picture must include the murderers.
Because we will soon be at a stage where the memory of the Holocaust conveyed by survivors will no longer be with us, access to Holocaust archives looms in importance for keeping the memory of the Holocaust alive. Access to Holocaust archives should be a matter of priority to Governments, Parliaments and archival collections.

David Matas is a Winnipeg lawyer and senior honorary counsel to B’nai Brith Canada