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
Japanese Straightening/Hair Rebonding at SETS on Corydon
Japanese Straightening is a hair straightening process invented in Japan that has swept America.
Features
History of the Winnipeg Beach Synagogue: 1950-2025
By BERNIE BELLAN The history of the Winnipeg Beach Synagogue is a fascinating one. We have had several articles over the years about the synagogue in The Jewish Post & News.
In June 2010 I wrote an article for The Jewish Post & News upon the 60th anniversary of the synagogue’s opening. Here are the opening paragraphs from that article:
“Sixty years ago a group of Winnipeg Beach vacationers decided that what their vacation area lacked was a synagogue. As it happened, a log cabin one-room schoolhouse in the Beausejour area happened to be available.
“In due course, the log cabin was relocated to the corner of Hazel and Grove in Winnipeg Beach, where it stayed for 48 years.”
In December 1994 my late brother, Matt, wrote a story about the spraying of antisemitic grafitti on the synagogue which, at that time, was still situated at its original location on the corner of Hazel and Grove in the town of Winnipeg Beach:
“Two 16-year-olds spraypainted slogans like ‘Die Jews,’ ‘I’ll kill you Jews,’ and other grafitti in big letters on the beach synagogue.
“Jim Mosher, a news reporter for the Interlake Spectator in Gimli, said last Halloween’s vandalism against the synagogue wasn’t the first. In the late 1980s, he claimed, it was spraypainted with swastikas.
“Jack Markson, a longtime member of the Winnipeg Beach Synagogue, last week also said he could remember finding anti-Semitic grafitti spraypainted on the synagogue ‘a few years ago,’ and at least twice in the 1970s, when the cottage season was over.”
My 2010 article continued: “In 1998 the Town of Winnipeg Beach informed the members of the synagogue that the building would have to be hooked up to the town’s sewer and water system. Rather than incur the cost of $3-4,000, which was thought to be ‘prohibitive,’ according to longtime beach synagogue attendee Laurie Mainster, synagogue goers looked elsewhere for a solution.
“As a result, the board of Camp Massad was approached and asked whether the synagogue might be relocated there, with the understanding that the synagogue would be made available to the camp at any time other than what were then Friday evening and Saturday morning services.
“Over the years the ‘beach synagogue’ had come to be a very popular meeting place for summertime residents of Winnipeg Beach and Gimli. In fact, for years minyans were held twice daily, in addition to regular Saturday morning services. Of course, in those years Winnipeg Beach was also home to a kosher butcher shop.
“While the little synagogue, which measured only 18 x 24 feet, has gone through several transformations, including the move to Camp Massad, and the opening up to egalitarian services in 2007 (The move to egalitarian services was as much a practical necessity as it was a nod to the equality of women – the only Kohen present at the time was a woman!), it has always remained cramped at the best of times.
“In recent years the synagogue has seen the addition of a window airconditioner (although to benefit from it, you really have to be sitting just a few feet away), as well as a fridge that allows synagogue attendees to enjoy a regular Saturday morning Kiddush meal following the service.
“According to Laurie Mainster, the Saturday morning service has continued to be popular, even though many of the attendees now drive in from Winnipeg, as they have sold the cottages they once maintained.
“On the other hand, one of the side benefits to being located on Camp Massad’s grounds has been an infusion of young blood from among the camp counsellors.
“Since there is no longer a rabbi available to conduct services (Rabbi Weizman did lead services for years while he had a cottage at the beach), those in attendance now take turns leading the services themselves.
“Anyone may attend services and, while there are no dues collected, donations are welcome. (Donations should be made to the Jewish Foundation of Manitoba, with donors asked to specify that their donations are to be directed to the beach synagogue.)
“Mainster also says that the beach synagogue is now undergoing an expansion, which will be its first in 60 years. An entirely new space measuring 16 x 18 feet is being added – one that will allow for a real Kiddush area. (Until now, a table has been set up in the back of the synagogue and synagogue goers would help themselves to the buffet that is set up each Saturday during the summer. While pleasant enough, it will certainly be more comfortable to have an actual area set aside for the Saturday afternoon after service lunch.)
“As for dress, longtime attendee Abe Borzykowski (in an article written by Sharon Chisvin for the Free Press in 2007) remarked that ‘I don’t think there are many synagogues where people can attend in shorts, T-shirts and sandals and not feel out of place.’ “
As mentioned in that 2010 article, the beach synagogue at that time was about to undergo an extensive remodelling. Here is an article from a January 2011 issue that describes that remodelling process. The article was written by Bernie Sucharov, who has been a longtime member of the beach synagogue:
“The Hebrew Congregation of Winnipeg Beach made a major change to the synagogue this past summer. With the help of many volunteers, Joel Margolese being the project manager, the synagogue was expanded and an addition was built to handle the overflow crowds, as well as to add more space for the kiddush following services.
“The volunteers spent many Sundays during the summer months building the addition. Bad weather caused many delays, but finally the addition was completed one week before the official summer opening.
“The volunteers were: Joel Margolese, Gordon Steindel, Sheldon Koslovsky, Viktor Lewin, Harvey Zabenskie, Nestor Wowryk, Kevin Wowryk, Victor Spigelman, Jerry Pritchard, and David Bloomfield.
“On Sunday, June 25, 2010 a special ceremony was held to affix a mezzuzah to the front entrance door. Gordon Steindel had the honour of affixing the mezzuzah, which was donated by Sid Bercovich and Clarice Silver.
“Refreshments and food for the day were prepared by Phyllis Spigelman, also known as our catering manager. Throughout the summer, Phyllis, Lenore Kagan and other friends prepared the food for our kiddush.
“A sound system was donated by Arch and Brenda Honigman in memory of their father, Sam Honigman z”l. “The system was installed by Joel Margolese and Stevan Sucharov. This will allow the overflow crowd to hear the service in the new addition.
“There were also generous donations of 50 chumashim and an air conditioner. The chumashim were donated by Gwen, Sheldon and Mark Koslovsky. The air conditioner in the new addition was donated by Joel and Linda Margolese.
“The official opening of the synagogue for the summer took place on July 3, 2010. We had an overflow crowd of 70+ people.”
Since that 2010 major addition to the synagogue, it has also added a wheelchair ramp (although I’ve been unable to ascertain exactly when the ramp was built). Also, the synagogue also has its own outdoor privy now. (Attendees used to have to use facilities in Camp Massad.)
And, as already noted in article previously posted to this site (and which you can read at Beach Synagogue about to celebrate 75th anniversary), in recognition of that occasion, on August 2nd members of the synagogue will be holding a 75th anniversary celebration.
As part of the celebration anyone who is a descendant or relative of any of the original members of the first executive committee is invited to attend the synagogue that morning.
If you are a relative please contact Abe Borzykowski at wpgbeachshule@shaw.ca or aborzykowski@shaw.ca to let Abe know you might be attending.
Features
Kinzey Posen: CBC Winnipeg’s former “go-to guy”
By GERRY POSNER If former Winnipegger Lawrence Wall was the CBC go-to guy in Ottawa, CBC Winnipeg had its own version of a go-to guy for many years with none other than the very well known Kinzey Posen. Of course, many readers will recognize that name from his career with Finjan, the Klezmer group so famous across Canada and beyond. It has been written about Posen and his wife Shayla Fink that they have been involved in music since they got out of diapers. And, as an aside, their love and ability in music has now been transmitted to the next generation as in their son, Ariel Posen (but that’s another story).
Kinzey Posen (not to be confused with Posner, or maybe we are to be confused, but who knows for sure?), was a graduate of Peretz School, having attended there from nursery right until Grade 7, graduating in1966. That was followed by Edmund Partridge and West Kildonan Collegiate. Musically, he was in large part self taught. However, he did have some teachers along the way. After moving to Vancouver – from 1974-78, he had the chance to study acoustic classical bass with a member of the Vancouver Symphony Orchestra. When Kinzey lived in Vancouver, he also worked as a jazz musician.
Upon returning to Winnipeg, Kinzey enrolled as a mature student at the University of Winnipeg, where he obtained a Bachelor of Urban Studies degree. Although the degree was in no way connected to the career that followed, his attending the University of Winnipeg was critical to his connecting with the CBC. Why? you ask. Kinzey had a position after graduation working for the Institute of Urban Studies. While there, he met someone who invited him to work for the Department of Continuing Education as one of their program directors. At the time the Department of Continuing Education was located at 491 Portage Avenue, which was also known as the TJ Rice Building. The CBC also leased some space in the same building. According to Kinzey, the CBC part of the building “included HR, different shows and other support offices. Continuing Education was located in the basement and main floor and that’s where I worked.”
KInzey had long had an interest in the CBC, which made the fact that the CBC had some offices in the same building where he was working serendipitous. That Kinzey might be interested in visiting the CBC was not an accident. As a young boy he had a nightly connection to CBC, as it was his ritual to listen to CBC Radio (as well as all sorts of other radio stations across the USA) on his transistor radio every night in bed. He became enamoured of one particular CBC host, Bill Guest, so that when going to sleep, he imagined that he was Guest doing interviews with imaginary guests. That dream of working for CBC became a reality when he had a chance to do a one week gig with Jack Farr’s network program.
Kinzey took a week off from his Continuing Education job and spent five days at the CBC. That week was a training session for Posen, as he had to create ideas, research, pre-interview, write the script, and set up the studio for Farr’s interview. He was almost in his dream job – although not quite – since it was only for one week. His opportunity, however, came in 1988, when he was offered a one-year term as a production assistant – the lowest guy on the ladder, for a show called “ Simply Folk,” with the late Mitch Podolak as the host. Although he was indeed at the bottom as far as those working on the show were concerned, he took a chance and gave his notice to the U of W. The rest is history. In his new job, Kinzey learned how to become a producer. Lucky for him, at the end of the year, when the person he replaced was supposed to come back, she never returned (just like the song, “MTA,” by the Kingston Trio). At that point, Kinzey was hired full time at the CBC.
Kinzey was a fixture at the CBC for 27 years. During those years, Kinzey had the chance to work with Ross Porter, a respected former CBC host and producer, also with Karen Sanders – on the “Afternoon Edition.” One aspect of Kinzey’s job on the Afternoon Edition was to come up with ideas, mix sound effects, arrange interviews and music, to create a two-hour radio experience. In addition, he covered jazz and folk festivals and, as a result, was exposed to some of the best musicians in the world. With Ross Porter in the 1990s, he worked on a network jazz show called “ After Hours,” which was on from 8-10 PM five nights a week. Kinzey was involved with writing the scripts, picking the music, and recording the shows, as well as editing them and then presenting them to the network for playback.
Of course, over his career, Kinzey had many memorable moments. He told me about one of them. The story revolved around the National Jazz Awards one year in particular. The awards were to be broadcasted after the National News which, in those days, began much earlier in the evening, and were over by 8:00 pm. The legendary Oscar Peterson was lined up to play a half hour set at the awards, starting at 7:30. But, as Kinzey told me, Oscar Peterson had a “hate on” for the CBC ecause one of his recorded performances was wrongly edited and he refused to appear on CBC under any circumstances. As the time neared 8:05 PM, which was when the CBC was to begin its broadcast of the jazz awards, it became apparent that Oscar was not going to finish on time. As the producer of the awards show, Kinzey was tasked with telling Oscar Peterson to wrap it up and get off the stage. There was Kinzey Posen, a huge fan of Oscar Peterson, now faced with the prospect of telling Oscar – while he was still playing – with 500 people in the audience, to stop and get off the stage. Not often was or is Kinzey Posen frozen, but that was one such moment. There was one loud “Baruch Hashem” from Kinzey when Oscar completed his set literally just in time.
Clearly, Kinzey was part of a very successful run with After Hours as it was on the air for 14 years. It was easily one of the most popular shows on CBC Radio 2, and a winner of several broadcasting awards. Kinzey also played a major role in producing a two part documentary about legendary guitarist Lenny Breau.
When After Hours ended, Posen became one of the contributing producers to Canada Live and specialized in producing live radio specials for the network, such as the Junos, for CBC Radio One and Two. Needless to say, his career planted Posen in the world of some top notch musicians, including his time spent working with Robert Plant (Led Zeppelin), Dave Brubeck, Randy Bachman, Chantal Kreviazuk and a list of prominent names in the Canadian, American and European music spheres. Locally, the CBC came to refer to Kinzey as the Jewish expert. I would add music expert to that title.
After his 27 year run at the CBC – and before he fully retired, Kinzey went on to work for the Rady JCC as a program director for a year and a half. Of course, to say that Kinzey Posen is retired is a major contradiction in terms. You really can’t keep him down and he has his hand in a variety of programs and projects – most of which he remains silent about, as is his style.
When I realized the full depth and talent of Kinzey Posen, I quickly concluded that he must certainly be related to me. Even if he isn’t, I now tell people he is.