Deschênes Commission
Encyclopedia
The Commission of Inquiry on War Criminals in Canada, often referred to as the Deschênes Commission, was established by the government of Canada
in February 1985 to investigate claims that Canada had become a haven for Nazi war criminals. Headed by retired Quebec Superior Court
judge
Jules Deschênes
, the commission delivered its report in December 1986 after almost two years of hearings.
In 1985, Prime Minister Brian Mulroney
ordered an investigation into the presence of Nazi war criminals in Canada after a member of Parliament claimed infamous Nazi doctor Joseph Mengele might be in the country.
The establishment of the commission put the Canadian Jewish community at odds with the Baltic- and Ukrainian-Canadian communities. The Baltic and Ukrainian groups objected to the use of evidence from the Soviet Union
and other Iron Curtain
countries.
The commission compiled a list of 774 potential war criminals in Canada. 341 of them never landed or resided in Canada, 21 had landed in Canada but had left for another country, 86 had died in Canada, and 4 could not be located. The commission found prima facie
evidence against 20 individuals; another 169 cases were not acted upon because of a lack of access to overseas evidence or time constraints. Late in 1986, the commission turned the names of the 20 people over to the government with recommendations on how to proceed in each case.
The commission also recommended changes to criminal and citizenship law. In June 1987, the House of Commons
passed legislation that allowed for the prosecution of foreign war crimes in Canadian courts and the deportation of naturalized war criminals.
The new criminal law set a high bar for proving complicity in war crimes. Canadian prosecutors pressed charges against at least four men on allegations of participation in Holocaust war crimes. One case ended in acquittal; two cases were dropped when prosecutors had trouble obtaining overseas evidence; the fourth case was stayed due to the health of the defendant.
The government has been somewhat more successful in civil proceedings against accused wartime criminals. Since 1998, courts have found that six men, all Ukrainian
, misrepresented their wartime activities and could have their citizenship revoked. Another seven people subject to deportation or citizenship-revocation procedures have died.
However, the Cabinet
has yet to revoke the citizenship of any of the men.
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
in February 1985 to investigate claims that Canada had become a haven for Nazi war criminals. Headed by retired Quebec Superior Court
Quebec Superior Court
Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. It consists of 144 judges who are appointed by the federal government.Chief Justices : [partial listing]* Edward Bowen...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Jules Deschênes
Jules Deschênes
Jules Deschênes, was a Canadian Quebec Superior Court judge.Born in Montreal, to Wilfrid Deschênes and Berthe Bérard, he completed grade school under the supervision of les Clercs de Saint-Viateur and classical studies under les Messieurs de Saint-Sulpice...
, the commission delivered its report in December 1986 after almost two years of hearings.
In 1985, Prime Minister Brian Mulroney
Brian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...
ordered an investigation into the presence of Nazi war criminals in Canada after a member of Parliament claimed infamous Nazi doctor Joseph Mengele might be in the country.
The establishment of the commission put the Canadian Jewish community at odds with the Baltic- and Ukrainian-Canadian communities. The Baltic and Ukrainian groups objected to the use of evidence from the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and other Iron Curtain
Iron Curtain
The concept of the Iron Curtain symbolized the ideological fighting and physical boundary dividing Europe into two separate areas from the end of World War II in 1945 until the end of the Cold War in 1989...
countries.
The commission compiled a list of 774 potential war criminals in Canada. 341 of them never landed or resided in Canada, 21 had landed in Canada but had left for another country, 86 had died in Canada, and 4 could not be located. The commission found prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
evidence against 20 individuals; another 169 cases were not acted upon because of a lack of access to overseas evidence or time constraints. Late in 1986, the commission turned the names of the 20 people over to the government with recommendations on how to proceed in each case.
The commission also recommended changes to criminal and citizenship law. In June 1987, the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
passed legislation that allowed for the prosecution of foreign war crimes in Canadian courts and the deportation of naturalized war criminals.
The new criminal law set a high bar for proving complicity in war crimes. Canadian prosecutors pressed charges against at least four men on allegations of participation in Holocaust war crimes. One case ended in acquittal; two cases were dropped when prosecutors had trouble obtaining overseas evidence; the fourth case was stayed due to the health of the defendant.
The government has been somewhat more successful in civil proceedings against accused wartime criminals. Since 1998, courts have found that six men, all Ukrainian
Ukrainians
Ukrainians are an East Slavic ethnic group native to Ukraine, which is the sixth-largest nation in Europe. The Constitution of Ukraine applies the term 'Ukrainians' to all its citizens...
, misrepresented their wartime activities and could have their citizenship revoked. Another seven people subject to deportation or citizenship-revocation procedures have died.
However, the Cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
has yet to revoke the citizenship of any of the men.
External links
- Grant Purves, "War Criminals: The Deschênes Commission", 1998.
- B'Nai Brith Canada, "Traditional holding pattern on Nazi-era cases has made Canada a magnet for modern day war criminals, says B’nai Brith," 18 Oct. 2006.
- David Matas, "Seeking Global Justice," remarks to the federal Liberal caucus immigration roundtable, Regina, Saskatchewan, 23 Aug. 2005.
- Gloria Galloway, "Deportation calls mount against elderly Nazi 'enablers,'" The Globe and Mail 30 Jan. 2007.
- Wasyl Veryha. Along the Roads of World War II. War Criminals in Canada? (Commission of Inquiry on War Criminals Report)
- Roman Serbyn. Alleged War Criminals, the Canadian Media, and the Ukrainian Community