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
Arnold Zeal – the road from Kenora To Jacksonville
By GERRY POSNER For Arnold Allan Zeal, his journey through life, though it officially started in Winnipeg in 1943, really began in Kenora, Ontario. Arnold and his sister Marilyn, children of Charlie and Sula ( Bernstein) Zeal, were raised in their early years in Kenora, where Charlie had set up business as owner of a department store: Zeal and Gold. He later became a hotel proprietor (the Kenricia Hotel, still standing to this day and familiar to readers who know Kenora). When Arnold was 12, the family moved to Winnipeg so that Arnold could have a bar mitzvah there. The family lived on Cordova in River Heights.
Arnold soon integrated into Winnipeg life. Oddly, he did not attend Kelvin, where most Jewish kids in the south end of Winnipeg went to high school at that time – since Grant Park High School was not yet built. Zeal attended Gordon Bell High School across the Assiniboine River. At the time he was one of only five Jewish students there. (The others were: Les Allen, Ivan Brodsky, Larry Leonoff and Allan Berkal.)
After high school, Zeal made his way to the University of Manitoba, where he took Science and graduated – first with a BSc, later a Masters of Science in Microbiology/Biochemistry. Following completion of his Masters degree he was accepted into medical school at the University of Manitoba, graduating in 1970.
In those days, once you finished your formal schooling, you had to do a rotating internship. Arnold did his at the Winnipeg General Hospital (later the Health Sciences Centre). He found himself attracted to neurosurgery, one of the most demanding areas in medicine.
It was then that he came under the tutelage of the renowned Drs. Dwight Parkinson and Rankin Hay, also occasionally another famous doctor, Norman Hill – when he came to HSC to do paediatric cases. Zeal completed his residency in neurosurgery at the Winnipeg Health Sciences Centre, followed up by successfully passing the American Board of Neurological Surgery written examination. He then left to take a research fellowship in Microvascular Neurological Surgery at the University of Florida at Gainesville in 1976.
In 1977, Zeal moved to Jacksonville, Florida, where he became acting chairman of the Department of Neurosurgery at University Hospital, an affiliate of the University of Florida (now called UF Jacksonville). After 2 1/2 years there, he left to enter private practice in neurological surgery in Jacksonville.
Over the next couple of years, he became qualified to sit for the oral portion of the examination for the American Board of Neurological Surgeons and the result was that Arnold Zeal was then “ Board Certified in Neurological Surgery.” (Just the names of these boards scare me; no wonder I never entered that field.)
Zeal subsequently obtained fellowships from the American College of Surgeons, the American Association of Neurological Surgeons, and the American Heart Association. To say Arnold Zeal was well qualified would be an understatement.
Along the way, he took out memberships in various medical associations, including the Congress of Neurological Surgeons, in addition to belonging to multiple regional medical societies in Florida. In 1977, Zeal entered into private practice in Jacksonville, Florida. He became chairman of the Neurosurgery Department in several Jacksonville hospitals, primarily Baptist Center, the largest medical centre hospital in Northeast Florida, where he served as chairman for 15 years. As well, Zeal wrote several prominent papers in peer-reviewed journals. In short, he was a busy guy. Also, something else of interest – starting in 1995, Arnold served as the neurological consultant to the Jacksonville Jaguars of the NFL, filling that role for the first eight years from the team’s inception.
It was during his residency that Arnold married his wife Janet, then a Surgical- ICU Nurse at the Winnipeg Health Sciences Centre. They became the parents of four highly accomplished sons. Given the demands of neurosurgery, Arnold was not able to spend as much time parenting as he might have preferred and he is quick to point out the fact that the boys turned out as well as they did is directly attributable to his wife of 52 years, Janet Zeal. Janet herself managed to obtain an additional college degree, develop her own business, and manage Arnold’s practice, all in addition to raising the four boys and supporting Arnold.
For over 40 years, Arnold was occupied in Jacksonville as a neurosurgeon. With his busy schedule he was often having to perform surgery at late hours for long periods on his feet, all with total concentration. As one can imagine, sometimes those surgeries are complex, requiring careful decisions in advance of and during the surgery, also leading the surgeon to make instant decisions if things changed during the course of the surgery. (I get nervous just writing about that kind of situation.)
Due to a shoulder injury, Arnold retired from operating, but he continued to evaluate office patients. He remained focused on Gamma Knife surgical procedures until his full retirement in late 2017. Even after retiring from the operating room, he remained active in the field, participating in conferences with his partners and colleagues. He says that he has now managed to get used to getting a full night’s sleep without receiving a call to get to the hospital for an emergency operation.
I asked Arnold what the key qualities were to becoming a successful neurosurgeon? He didn’t hesitate in answering, saying you have to be caring and have what he calls the three “A’s”- Availability, Affability and Ability. He added that you must possess lots of stamina, have good hands (I’m eliminated on that count alone), plus be dedicated to your work. He had them all. Ask anyone who knew Arnold Zeal and what you would hear about him was that he was an excellent diagnostician and had great manual dexterity.
Arnold has no lack of activities these days. Janet and Arnold have their four sons living not far away and, with five grandchildren, they are kept occupied. Aside from all that, he loves to come back to Winnipeg when he can – especially for medical reunions. And – he truly treasures the opportunities to return to his youthful days in Kenora. He knows the Lake of the Woods as if it were the inside of a brain. In short, he is quite comfortable operating a boat as well as operating on the brain!
Features
Expelled Oberlin Chabad rabbi says he ‘made a mistake’ with explicit social media chats
A police report obtained by the Forward sheds light on the removal of a Chabad rabbi from the campus of Oberlin College last week, after the school administration became aware of a police report that alleged he engaged in sexually explicit conversations online concerning minors.
Rabbi Scott (Shlomo) Elkan, former co-director of Oberlin Chabad, allegedly received sexually explicit texts, photos and videos through the messaging app Kik concerning three young people, ages 7, 12 and 13, according to the report.
In December 2025 messages to an adult on the platform, Elkan allegedly responded to photos of someone giving a child a bath. The person he chatted with alluded to touching the child’s genitals and said he had been aroused when the child was sitting on his lap, the report stated.
According to the Oberlin Police Department report, Elkin shared photos of girls as part of the chat. The department closed the case after a 20-day investigation, with no charges filed.
In a phone interview with the Forward, Elkan said he regretted his participation in the chat, but that his messages were not based on real events. He did not address the photos.
“To be clear, what had happened was an online chat with an anonymous adult on purely fictional, you know, fantastical things that’s not rooted in any kind of reality whatsoever,” Elkan said. “And I entered that, and I should not have, and I take responsibility for that.”
Elkan added that he has been engaged in “professional care and spiritual counseling to deal with all of the stresses and all of the factors that led me to engaging in an unhealthy behavior.”
According to the report, in an interview with police, Elkan confirmed the Kik account belonged to him and said the chats were “escapism” from the stress of his everyday life. He denied ever viewing or possessing child pornography.
Elkan told the Forward that “oftentimes people think of rabbis as godlike and infallible,” and he “made a mistake in one of the weakest few moments of my life.”
“There was no crime. Nothing illegal. Poor judgment, yes,” Elkan said. “And there’s not a victim. The victims here are the Jewish community and my family.”
The fallout on campus
Oberlin president Carmen Twillie Ambar wrote an email last week alerting students and staff of the news that Elkan, who had worked at Oberlin Chabad since 2010, had been banned from campus — without sharing specifics.
“In the police report, Elkan admits to egregious actions in his personal life — including engaging in online sexual conversations concerning children and objectionable behavior,” Ambar wrote. “This behavior violates Oberlin’s values, shocks the conscience, and makes it clear that we cannot allow him continued access to our campus and community.”
Elkan criticized how Oberlin handled the situation, saying the email that the college sent to the community about his departure was vague and allowed speculation to spread. He also said the email was made public during the meeting in which campus officials informed him that he had been banned.
“That’s where my hurt, and I think so much of the hurt of the community lies. Because every time we stuck our neck out for the college, and every time we work for the best interest of them and the community, what feels like the very first opportunity they had to show us that same support, they chose a very different route,” Elkan said. “So I take responsibility for my actions, and I hold the college incredibly responsible for how this has played out.”
Andrea Simakis, a spokesperson for Oberlin, said in a statement that representatives of the college met with Elkan via Zoom just prior to releasing the campus message “to let him know we were going to send it, why we were sending it, and that we were banning him from campus.”
Simakis added that the language in the campuswide email “reflects the information in the police report, which we obtained through a public records request.”
Along with serving as a Chabad rabbi, Elkan also certified Oberlin’s kosher kitchen and sometimes led Passover services and other religious celebrations on campus, according to Ambar’s email.
Chabad rabbis are not typically employed by universities, instead operating independently through the Chabad umbrella, with Chabad functioning as recognized campus religious organizations.
Elkan resigned from his position with Chabad last Friday, a Chabad spokesperson told the Forward. Chabad did not provide further comment.
In the email to the community, Ambar said Oberlin had not previously received reports concerning Elkan’s behavior and was now asking a third party to investigate whether members of the campus community had been affected.
Ambar added that the news would be especially difficult for “those who sought spiritual leadership and guidance from Elkan,” but “the seriousness of this matter requires clear and swift action.” Rabbi Allison Vann, who had led High Holy Day services on campus with Cleveland Hillel, will work with students for the remainder of the semester.
The post Expelled Oberlin Chabad rabbi says he ‘made a mistake’ with explicit social media chats appeared first on The Forward.
This story originally said that Elkan posted images of children in a bath. He was a recipient.Features
A Christian Debate About Israel
By HENRY SREBRNIKThe Western neo-Marxist attacks on Israel, in league with Islamism, are of course a grave political and military danger, but their ideology can be rebuked by anyone with the slightest knowledge of actual history. “Jesus was a Palestinian”? “Israelis are white settler-colonialists”? These are almost jokes.
Such people don’t even know that the Zionist movement in fact rejected what was called “territorialism,” the project to build a Jewish homeland anywhere – in Argentina, western Australia, and elsewhere in the world. This included the so-called “Uganda Proposal” in east Africa, which was voted down at a World Zionist Congress in 1905.
Another territorialist plan, pushed by Communists in the 1920s, was for a Jewish Autonomous Region in the Soviet Union known as Birobidzhan. This came to fruition but ended up a complete failure. Jews were not interested in places outside their ancestral homeland, the land of Israel.
Antisemitic rhetoric today appears on the progressive left in rhetoric that casts Zionism as malevolence, but also on the populist right in conspiratorial language about hidden power and divided loyalty, some harkening back to religious language we though was long gone.
The left’s arguments are shallow and, while extremely concerning, are fallacious. But the theological debates on the right are more alarming, because they will affect America’s relations with Israel. They go right back to genuine issues regarding the place of Jews and Christians in their respective religious worldviews and interactions. They are at the heart of “everything” in western history.
So-called Christian Zionism, found particularly in Protestant theology, sees the creation of Israel as part of God’s plan to hasten the coming of Jesus as the messiah at end times. Obviously, this is not congruent with our understanding of the messianic age, but politically it has been largely beneficial to Israel.
There is a deeper theological divide separating Catholics and evangelicals, the latter among the Jewish state’s most fervent supporters. Evangelicals tend to see Israel as the fulfillment of God’s pledge to the Jewish people, and they view that fulfillment as intertwined with their own religious identity. In contrast, most Catholics do not believe they have a theological obligation to support Israel.
Classical Christian antisemitism (really, anti-Judaism) is rooted in two propositions: that Jews bear the guilt for Christ’s death, and that when the majority of Jews rejected Jesus (who was a Jew, as were all his early apostles), God replaced the covenant with the children of Abraham with a new covenant, with Christians. This idea of a new bond that excludes the Jewish people is called “supersessionism” or “replacement theology.”
It consists of the claim that the Church has replaced the Jewish people as God’s covenanted, or chosen, people. According to supersessionism, Jesus inaugurated a new conception of “Israel,” one open to all, Gentile as well as Jew, because it was predicated on faith rather than the rejected markers of biological descent and observance of the law.
The Roman Catholic Church modified this stance with its historic document Nostra Aetate, promulgated in 1965 at the Second Vatican Council. It expressed some recognition of the Jews’ special relationship with the God of Israel. Though the statement recounts the fact that most Jews did not “accept the Gospel,” it also declares that “God holds the Jews most dear for the sake of their fathers.”
This has been further elaborated. Pope John Paul II said that the Catholic Church has “a relationship” with Judaism “which we do not have with any other religion.” He also said that Judaism is “intrinsic” and not “extrinsic” to Christianity, and that Jews were Christians’ “elder brothers” in the faith.
Pope Benedict XVI explicitly rejected the idea that the Jewish people “ceased to be the bearer of the promises of God.” The Catholic Church states that “The Old Testament is an indispensable part of Sacred Scripture. Its books are divinely inspired and retain a permanent value, for the Old Covenant has never been revoked.”
But now we see some of those earlier positions re-emerging, and not just among antisemites like Tucker Carlson. This is troubling and should not be ignored. On Jan. 17, for example, the Patriarchs and Heads of the Churches of Jerusalem, an assembly of Roman Catholic and Eastern Orthodox leaders, released a statement referring to Christian Zionism as a “damaging” ideology.
The Daily Wire’s Michael Knowles, a Catholic commentator with more than two million YouTube subscribers, released a video in which he reiterated the older position on Israel: “I don’t think that the Jews are entitled to the Holy Land because of some religious premise. I don’t think that’s true. In fact, being Christian, I believe the Old Testament is fulfilled in the New Testament; Christ is the new covenant.” Catholics are not supposed to believe that Jews have a divine right to the Holy Land because, Knowles stated, Jews do not enjoy God’s favour and are not in fact God’s people any longer.
As Liel Leibovitz, editor-at-large for the website Tablet Magazine, cautions, in “Letter to a Catholic Friend,” published Feb. 16, “What happens if good men and women don’t take up the fight and vociferously reject” such comments? “What starts with the fringes soon takes over the supposed mainstream.” For Jews, for Israel, and for America, that would be an unmitigated disaster.
Henry Srebrnik is a professor of political science at the University of Prince Edward Island.