BRAMA, March 5, 2001, 9:00am EST

Odynsky Innocent of War Crimes, Judge Finds
No evidence, judge says

(Calgary/Toronto) - 4 March 2001 - Toronto resident, Wasyl Odynsky, was found not to have been involved in any war crimes during the Second World War by the Honourable Mr Justice Andrew MacKay, of the Federal Court of Canada, who noted "there was no evidence at trial that Mr. Odynsky participated personally in any incident involving mistreatment of prisoners or of any other person during his service."

Service not voluntary

Furthermore, Mr Justice MacKay found that "there is no doubt that Mr. Odynsky's service was not voluntary." The judge also urged the Minister of Citizenship and Immigration, the Honourable Elinor Caplan, to consider that Mr Odynsky has also been a good citizen since he arrived in Canada, more than 50 years ago, as testified to by members of his church and community.

May Be Deported Anyway

The only finding made by the learned judge which went against Mr Odynsky was with respect to the matter of his screening by Canadian immigration and security officials prior to his emigration to Canada in 1949. Although acknowledging that it is possible that Mr Odynsky's "memory of his experience when he applied to Canada is an accurate depiction of what happened" the judge was not convinced that it was a full account, and so found that, "on the balance of probabilities," it is "more probable than not that Mr. Odynsky did not truthfully answer questions that were put to him concerning his wartime experience." Because of that, the Judge ruled that Mr Odynsky "obtained citizenship in Canada by false representation or by knowingly concealing material circumstances" which means Minister Caplan could recommend to Cabinet that Odynsky be denaturalized and deported. Mr Odynsky has maintained his assertion that he was never asked questions about his involuntary service as a member of a auxiliary guard unit in Nazi-occupied Ukraine.

Not a war criminal, judge makes clear

Commenting on this finding, the chairman of the Ukrainian Canadian Civil Liberties Association, Mr John B Gregorovich, said:

"The learned judge has made it clear that Mr Odynsky was not a war criminal, was not a Nazi, and did not participate in any war crimes or atrocities. Under duress he had to serve in a guard unit during the war years. He is, in that respect, no different from any Jewish kapo who, likewise, had no choice but to work for his captors. That Mr Justice MacKay found, on a balance of probabilities, that Mr Odynsky may have obtained his citizenship by not telling Canadian immigration officials, a half century ago, about his wartime experiences is probably the only finding that the judge could have come to, given the evidence presented in the hearing room.

Justice or harassment?

However, we must now ask, wouldn't it be a cruel and unusual punishment to denaturalize and deport a good citizen against whom, as the judge found, there is absolutely no evidence whatsoever that he personally involved in any wrongdoing? We urge members of our community and other Canadians to write to the Minister of Citizenship and Immigration, the Honourable Elinor Caplan, and to your own MP, recommending that no further action be taken against Mr Odynsky. That an innocent man should have been subjected to the emotional and financial traumas that he and his family have endured for some 3 years is proof enough of just how unfair the current policy is for dealing with how alleged war criminals allegedly found in Canada should be brought to justice. We maintain that the government should bring these cases into Canadian criminal courts, where the rules of evidence are far more vigorous. What we are instead seeing is how naturalized Canadian citizens are, in fact, being treated as second class citizens, for no Canadian-born citizen would ever be forced to defend himself against such allegations without all of the protections provided for in criminal court trials."
 
 

For More Information Please Contact:
Mr J B Gregorovich, Chairman, UCCLA, (519) 323-9349
Dr L Y Luciuk, Director of Research, UCCLA, (613) 546-8364
or visit our website at: http://www.infoukes.com/uccla

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