Features
Access to Canadian records of Nazi war criminals
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
Features
Author and lifelong nurse Tilda Shalof’s new book a guide not only for young nurses but one that will appeal to a wider readership
By MYRON LOVE Tilda Shalof’s most recent book – “The Handover – a Nurse’s Last Shift” was, in the words of its author, “written for the general public, to understand nursing. Nursing is everyone’s concern, not just nurses. The general public has a stake in the matter,” she observes.
I can guarantee that there are plenty of stories and anecdotes that the author shares from her own experiences that will also be of interest to a wider readership. I certainly enjoyed the book.
The title – “The Handover,” she explains, is the regular exchange between nurses going off their shift and the nurses beginning the next shift, during which the outgoing nurses pass on all relevant information about the patients under their care to the incoming nurses. A recurring thread throughout the book – of close to 400 pages – is the retiring Shalof’s interaction with three student nurses whom she had recently befriended through one of her many speaking engagements. In particular, Shalof gives co-writing credit to one Lisa Mochrie – a nurse who the author acted as mentor to during Mochrie’s last period as a student and continuing through her early nursing career.
There is a tendency for many people to take for granted people I would describe as working in a service capacity such as nursing. One of the reasons that Shalof points out in her book for our ongoing nursing shortages is that young men and women are more likely to be encouraged to pursue a medical career (to be a doctor) than a nurse. This, she points out, despite the fact that hospitals can function without doctors – but not without nurses.
Some other factors, she notes, are the ever increasing demands of documentation – which detract from patient care – and regulations, which have taken much of the satisfaction out of the profession.
In an interview with this writer, she observes that Jewish nurses are few and far between because nursing is not a profession that most Jewish families encourage. (I can only name a handful of Jewish nurses that I have known or have come across.)
She spoke about how she became a nurse early in life to her aged and ailing parents – being the only daughter – (she has three older brothers) and the last of her siblings to leave home. In “The Handover”, she also makes frequent reference to fictional nurse Cherry Ames – the heroine of numerous books written between 1943 and 1968 – as inspiration for Shalof’s choice of career.
For the first 30 years as a nurse, Shalof worked in an intensive care ward at Toronto General Hospital. She subsequently worked for a short time at an HIV clinic and, later a hospital day clinic and a neurosurgery unit. She also spent several summers as a camp nurse at a Jewish camp while her kids were campers there.
“The Handover” is Shalof’s seventh book. Her first book, published in 2004, was “A Nurse’s Story,” chronicling her experiences over 30 years as an ICU nurse. Among her other books are:“Camp Nurse,” recounting anecdotes from her time working summers at her children’ summer camps, and “Opening My Heart” – an account of the profession from the point of view of a patient after she had open heart surgery.
Coincidently, she notes, she began her first book around the time of the SARS outbreak in Toronto in 2003. Shalof says she started writing her latest book at the height of the Covid lockdowns, which she references from time to time in the book. .
The approach Shalof has taken in writing “The Handover” – following a foreword and introduction – is literally an A to Z overview of everything there is to know about nursing – with each chapter focusing on one specific letter of the alphabet. Each chapter relates her thoughts and tells anecdotes from her own nursing experiences over 40 years in the profession, as well as her interactions with Lisa Mochrie and the other two student nurses as they transition from students to professionals.
In her conclusion, she observes that “nursing can be a path to making a difference – having an impact. It can be a front row seat at the theatre of life. Or it can be a job, a way to make a living and help support your family. “
Most importantly, she added, “make sure you try to have some fun. Do everything in your power to enjoy being a nurse”.
Although the now 67-yeear-old author is retired from the practice of nursing, she remains in demand as a speaker and advisor. She continues to get calls from throughout North America seeking her advice.“The Handover” is available from the University of Toronto Press.
Features
Michael Mitchell: His Labour of Love in Law
By GERRY POSNER The Mitchell name in Winnipeg has been around a long time and much of the the name recognition stems from the long connection of the family to a business known as Mitchell Fabrics, a mainstay on Main Street for many years. Established by Mendel Mitchell generations ago and not closed until 2017, many family members, including in-laws, worked there as managers, students and retirees. And yet, the family vocation was not limited to just the business, t it stretched out into the world of law, and more specifically the field of labour Law. One particular Mitchell reached the peak of all aspects of Labour Law. Three Mitchells: Leon, son Grant (a senior management side labour lawyer in Winnipeg), and daughter April Katz (an academic at the University of Victoria Law School), had stellar careers in that field. Yet another Mitchell, Michael, also achieved great acclaim as a labour lawyer. Michael, a product of the south end of Winnipeg, is the son of the late Harry and Gertrude (Sirluck) Mitchell, so he has some impressive genes going for him. But he has added to the story immeasurably.
Perhaps it all began for Michael Mitchell when he graduated from what was the first and only Grade 7 Hebrew school class at Herzlia Academy. He later was Regional Vice-President of AZA in his teenage years. After two years at Joseph Wolinsky Collegiate and two more at Grant Park High School, Mitchell went off to the University of Manitoba for his first year and then on to the University of Toronto, where he obtained a BA in Political Science. Then came law school, also at the University of Toronto, from where he graduated with an LLB in 1975. Along the way, he married the former Lynne Berman ( also from Winnipeg).That union produced three Mitchell daughters, two of whom are physicians – in psychiatry and neurology respectively, while the third is a pioneering pre-school educator. Michael and Lynne also have six grandchildren.
For a large part of his career as a lawyer, Michael Mitchell practiced law in Toronto as a senior partner in the firm of Sack Goldblatt Mitchell – from 1980 through 2014, having joined the firm in 1975 as a student. The firm was committed to the union side practice of Labour and Employment Law. Not so surprisingly, he had to appear at all levels of courts, also administrative tribunals.To his credit, his work and impressive track record was recognized by his peers as he was named a leading labour lawyer in Canadian Lexpert Directory and was frequently recommended in Best Lawyers in Canada. Between 1982- 2006, Mitchell was also the managing partner of the firm, which suggests to me an ability to manage people, not an insignificant skill. During his tenure as the managing partner, the law firm grew from just under ten lawyers to over fifty, with offices in both Toronto and Ottawa. His responsibilities were firm leadership, strategic decision making and financial management.
But, what a career Mitchell has had. For starters, aside from his time as a practicing lawyer in the field of labour law, he has, since his leaving the practice, just changed hats. From 2015 to 2018, he was part time Vice-Chair of the Ontario Labour Relations Board and, from 2018 as of this moment, he has become full time Vice-Chair at the same Ontario Labour Relations Board. Needless to say that, over the course of his administrative work since 2015, Mitchell has been at the centre of some significant decisions and, if you are interested, I can direct you to the selected substantive decisions in which Mitchell has been involved.
Moreover, Mitchell has worked and continues to work in the area of mediation and arbitration of both labour and indeed civil law. This is a large area, to put it mildly. For starters, there is the entire field of grievance arbitration. To be involved in cases of this kind, your name has to be put up by one of the parties and often agreed to by the other party. That means you have credibility with both of the protagonists. Mitchell clearly has that kind of reputation and draws support from both sides of the aisles – as it is referred to in some circles. He has been an arbitrator/ referee in many cases, including the famous 1986-1990 Class Action settlement related to individuals who had contracted Hepatitis C. Further, he has conducted numerous civil mediations related to employment, contracts and human rights matters. Mitchell also mediates and arbitrates collective bargaining disputes.
One of Mitchell’s’ main achievements was that he was invited between 2015-2017 to be a Special Advisor (with capital letters, no less) to the Ontario Minister of Labour with regard to the Changing Workplace Review. This was a landmark review of the Ontario Employment Standards Act and the Labour Relations Act where he, together with Justice John Murray, recommended many legislative changes to protect workers from the negative impacts of precarious employment. The best part of his work was that many of th recommendations were actually adopted. Other recommendations remain for future governments across the country to consider.
If you really want to delve into the Michael Mitchell career, you should know that, over the span of his career there are many publications that he has authored. The main one is his textbook on the Ontario Labour Relations Board, which he co-authored with his early mentor, Jeffrey Sack, and which remains the leading authority on the Ontario Board.
Mitchell comes by his passion for labour law honestly. His uncle, Leon Mitchell, was an iconic force on the union side in his practice of law in Winnipeg and was the inspiration for Michael to enter law to become a labour lawyer in the first place. In fact, it was Leon who introduced Michael to a man in Toronto who recommended Michael to connect with an up and coming labour lawyer in Toronto named Jeffrey Sack K.C. That connection resulted in the Sack Goldblatt Mitchell law firm. As well, Michael was well known to Sid Green during the early years of Sid’s law career, also his early days as a Cabinet Minister in the Schreyer NDP government. Sid was a person who exerted a significant influence on Michael.
With all that on his plate, Mitchell found time to be the president of the Darchei Noam Synagogue in Toronto between 2004-2008. He has also been the president of the Jewish Reconstructionist Federation of North America. During his term, he led the merger negotiations which ultimately resulted in the current structure of that movement ,which is now referred to as Reconstructing Judaism. Its singular aspect is that it consists of a single organization combining congregations plus a Rabbinical School. That was enough to get Mitchell an invitation to attend one of President Obama’s Chanukah parties at the White House during the Obama term. As well, to this day, Mtchell sits as a Director of the New Israel Fund of Canada.
Mitchell has his feet still planted in Winnipeg. His two sisters live there, as well as Lynne’s sister. In fact, he just visited Winnipeg for his sister Ruth Ann’s and Paula’s 85th and 80th birthdays respectively. And to keep up to date, Michael and Lynne Mitchell have long had a subscription to the Jewish Post.
In short, at just under 80, Michael Mitchell is moving like he is eighteen. The longevity of his career may soon rival the longevity of the family business, Mitchell Fabrics.
Features
Building Credit in College for Future Real Estate Deals
Most college students aren’t thinking about mortgages. But the students who buy their first investment property at 25 or 27 started building credit at 19 or 20. The two are directly connected.
Real estate is a game of capital access. Lenders don’t care how motivated you are – they care what your FICO score says. A 760+ score gets you prime mortgage rates. A 620 gets you higher interest and fewer options. The difference in monthly payments over a 30-year mortgage can be tens of thousands of dollars.
The window you have in college to build credit without major financial pressure is one of the most underused advantages Jewish students have.
Credit Foundations: Where To Start
Your credit score is built from five factors. Payment history makes up 35% – the largest single component. Credit utilization (how much of your available credit you’re using) accounts for 30%. Length of credit history, credit mix, and new inquiries cover the rest.
For most students, the first practical step is a secured credit card or a student credit card. Secured cards require a deposit that becomes your credit limit – typically $200-$500. They report to all three major bureaus and build history the same way unsecured cards do.
The rules are simple but require consistency. Pay the full balance every month. Keep utilization below 30% of your limit. Don’t apply for multiple cards in a short period. These habits compound over years – a student who starts at 18 has 7 years of credit history by the time they’re ready for a first mortgage.
One underused option: ask a parent or family member to add you as an authorized user on an older card with a clean payment history. You don’t need to use the card. The account’s age and payment history get added to your credit file immediately.
Researching Investment Options During Studies
Business, economics, and finance students regularly analyze real estate markets as part of their dissertation. That work isn’t just academic – it’s actual market research that doubles as preparation for real investing decisions.
However, balancing dataheavy analysis, market research, and exams often leads to extreme burnout. To survive the final semester, many students look for external support. Some of them use EduBirdie – best dissertation writing services for timely delivery and consistent quality on deliverables when the research load is heavy. Outsourcing the formatting and drafting frees up time to dig deeper into the actual market data that matters for real investment decisions. The analysis you build during college becomes your knowledge base before you ever make an offer.
Smart students treat every finance and real estate assignment as a portfolio of personal research. That perspective shifts the work from obligation to investment preparation.
How Student Loans Affect Your Future Mortgage
This is where many graduates get surprised. Student loan debt directly affects your debt-to-income ratio (DTI) – a key metric lenders use in mortgage approval. Most conventional lenders want your total monthly debt payments to stay below 43% of gross monthly income.
If you graduate with $40,000 in student loans at a standard repayment, your monthly payment is roughly $400. That $400 counts against your DTI before you add a car payment or rent. Managing your loan balance and making consistent payments not only builds credit – it keeps your DTI workable when you’re ready to buy.
Income-driven repayment plans can lower monthly payments but extend the loan period. For mortgage purposes, lenders typically use the actual monthly payment shown on your credit report when calculating DTI.
Practical Steps For Building Credit In College
Keep Utilization Low
Staying under 30% of your credit limit matters more than most students realize. If your card limit is $500, that means keeping your balance below $150 before the billing date. Paying in full each month handles this automatically.
Monitor Your Score Regularly
Free monitoring is available through Credit Karma, Experian, and most major banks. Checking your score doesn’t hurt it. Set up alerts for new inquiries, changes in balance, or any accounts you don’t recognize. Catching errors early prevents damage that takes months to fix.
Build Your Credit Mix Over Time
Lenders like to see that you can handle different types of credit. A student card, a small personal loan, and eventually a car loan create a credit mix in college that strengthens your profile. Don’t open accounts you don’t need, but don’t avoid credit out of fear either.
Here’s a practical credit-building checklist for college students:
- Open one student or secured credit card and use it monthly
- Pay the full balance before the due date every month
- Keep utilization below 30% at all times
- Become an authorized user on a parent’s old card if possible
- Check your credit report annually at AnnualCreditReport.com
- Make all student loan payments on time once they enter repayment
- Don’t close old accounts – account age matters
Understand What Mortgage Pre-Approval Requires
When you eventually apply for a mortgage, lenders will look at your FICO score, DTI, employment history, down payment, and reserves. The credit score threshold for a conventional loan is 620, but most competitive rates start at 740 and above. FHA loans allow scores down to 580 with a 3.5% down payment.
Starting to build credit at 18 or 19 means arriving at your first mortgage application with 6-8 years of credit history. That length alone adds 15% of your score. Combined with responsible utilization and clean payment history, you can realistically hit 740+ before you graduate.
The Long Game
Real estate investing after college isn’t a fantasy – it’s a planning problem. The students who pulled it off didn’t get lucky. They started building credit years before they needed it, kept their DTI manageable, and used their time in school to understand the markets they wanted to invest in.
The credit habits you build now are the credentials lenders will evaluate later. Start with one card, pay it in full, and let the history accumulate. Five years from now, that consistency becomes a mortgage approval and the keys to your first property.