The Gazette from Montreal, Quebec, Canada • 10

2 THE GAZETTE. MONTREAL, SUNDAY, AUGUST 28, 1994 OUNOED JON 1 7 8 BY FLEURV Ml MICHAEL G0LDBL00M President and Publisher JOANFRASER Editor in Chief ALAN ALLNUn Executive Editor JENNIFER ROBINSON Editorial Page Editor RAYMOND BRASSARD Managing Editor (News) Printed and published daily by Southam Inc. at 250 St. Antoine St. Montreal H2Y3R7, All rights of publication reserved Publications Mail Registration number 0619 DITORIALS tfflbe alette Punish modern war crimes Genocide is genocide, whether by Nazis or Rwandans he ghastly images of Rwanda's killing fields, beamed out almost daily to I television viewers around the world for many weeks earlier this year, OMMENT Oh, those six little words Attempt to put justice in justice system tough battle KEN MacQUEEN behind bars in Canada appear now to have become even slimmer as a result of a Supreme Court ruling this year which turned down a federal government bid to have a new trial ordered for Imre Finta, a man who had been accused, and acquitted, of crimes against humanity in 1 940s Hungary.

In its ruling, the Court opens potentially enormous legal avenues of escape for anyone accused of war crimes. For instance, it appears to offer defendants the possibility of arguing that they were indoctrinated by a racist society and therefore were not responsible for crimes committed in that society's name. Justice Minister Allan Rock should move to correct this state of affairs and assert Canada's role as a leader in the field of human rights by amending the war-crimes law to close some of the holes that resulted in the Finta ruling. A new law should expressly state, for example, that a war-crimes defendant cannot be exonerated simply by demonstrating that his actions were in keeping with prevailing racial prejudices of the time. At the same time, Mr.

Rock should direct his department's war-crimes unit to devote more energy to contemporary war crimes. No regime should be spared scrutiny, regardless of Canada's diplomatic relations with, and economic interests in, a given country. No war criminal should be immune from prosecution. One reason for the priority now given the World War II-cra crimes is that witnesses and suspects arc dying olT, heightening the probability that leading Nazis will die unpunished unless swift action is taken with the limited prosecutorial resources available. But it is also true that crimes being committed, or recently committed, by regimes now or recently in power, should be prosecuted as soon as possible after they occur.

Such prosecutions might stand a better chance of success because witnesses' memories will be fresher. Most important, they would send a strong message that unscrupulous leaders or their agents who commit crimes against humanity cannot expect to find safe haven in Canada. they should try to correct it no matter how long it takes or how SOUTHAM NEWS have served as one more reminder that the crime of genocide did not die with the fall of the.Nazi regime in 1940s Europe. The estimated 1 million slain Rwandan Tut-- sis, Twa pygmies and moderate members of the Hutu majority, butchered because of their race or political beliefs by Rwanda's now-defeated Hutu-extremist regime, are evidence enough of NYet the Canadian justice department officials who are responsible for prosecuting war criminals still assign a much higher priority to chasing down Nazi-era offenders than they do to prosecuting the authors of similarly heinous crimes that have been committed by other regimes more recently. This focus should be broadened.

Genocide is 'genocide whether by Nazis against Jews, gypsies or others, by Rwandan Hutu fascists against Tutsis, by Khmer Rouge guerrillas against Cambodians, by Indonesian military bosses against the East Timorese, or by Guatemalan army commanders against indigenous peoples. These are just a few recent examples. The same goes for other crimes against humanity. Campaigns of mass rape, torture and political killings in such places as Haiti. Myanmar and Bosnia are just as worthy of prosecution.

Since 1 987, Canadian law has allowed for the prosecution of anyone on Canadian soil who, at any time or place in the world, committed or counselled anyone to commit an "act or omission" that was a "war crime" or a "crime against humanity" so long as that act or omission was illegal under Canadian law at the time it was committed. On the face of it. the law appears to be a potentially powerful instrument against war crimes. Thus far, however, it has been used only against war-crimes suspects from Nazi-era Europe and it never, to date, has resulted in a conviction. The prospects of putting a war criminal ments were suspended during that period.

Her case won support from Liberal and Bloc Quebecois MPs who added their own concerns. One told of an unemployed constituent who spent eight months on a jury. Another noted that many judges exempt the unemployed from jury duty because of the hardship it represents. This deprives juries of the experience and perspective of people without work. But the change is six words too many for Reform MP Garry Bre-itkreuz of Saskatchewan.

Reform contends that unemployment insurance has already been distorted into a welfare program. Besides, if the unemployed are subsidized for jury duty, what about those who are sell-employed? Or those whose employers can't afford to pay their wages The solution. Brcitkrcui said, opening a fresh and expensive can of worms, is to pay all jurors a living wage rather than the tiny honorarium they now receive. Optimistic Still. Arseneault is optimistic that his bill will win final approval in the Commons by October.

He hopes then to successfully argue its merits before the Senate. If so. his six words ill pass into law-just as Axwonhy tries to rewrite the whole of the Unemployment Insurance Act not to mention a tractor-trailer full of other laws and federal-provincial agreements on every thing from child benefits and welfare to worker training, post-secondary education, student loans and perhaps pensions. Arseneault wishes the minister well. "I ie's got a great challenge ahead of htm" minor it seems.

Four years, an election, and one false fire alarm later, he may be approaching success. One never knows with private members' bills -especially when it deals with a ital strand of the social safety net. Remember, Arseneault wants to change just six words. His bill. C-216, would delete "or" from one paragraph of Section 14 of the Unemployment Insurance Act.

To the list of acceptable reasons for not being available for work illness, injury or quarantine he would add: "or engaged in jury sen ice." During the last Parliament, he pushed an earlier version of this bill as far as the study stage by a Commons committee a crucial hallway point in making a law. But just as the committee was coming to a vote, the building was emptied by a fire alarm. The bill got pushed down the agenda, only to die when the election was called. Arseneault began anew after the election, redrafting the bill with the help of a Commons legal clerk and hustling for support among all parties in the House. On May 1 1.

he made his pitch to the Commons, winning, remarkably enough, unanimous consent to send his bill to the human resources committee, which studied the bill in June. Told grim story In both forums, he explained how Marsha Valdron had faithfully paid into the VI system for 25 years until her layoff from a mill in Dal-housie in September I9Q0. And how, that November, she faithfully served as a juror in a murder trial, learning only Liter that her Ul pay OTTAWA To give you some idea of how miserable life is going to be for Human Resources Minister Lloyd Axworthy next month once he begins the process of ov erhauling the social security system, we introduce you to Guy Arse-neault. Arseneault is the Liberal MP for the riding of Rest igouchc-Chaleur in northern New Brunswick. Almost four years ago.

he began a quest to change exactly six words in the Unemployment Insurance Act. The intent is simple enough, and quite reasonable: Change the law so that unemployed people serving on juries aren't disqualified from receiving unemployment insurance benefits. Not available The current law disqualifies unemployed people from benefits because they clearly aren't available for work if they're sitting in a courtroom on a jury. Arseneault learned of this problem from constituent Marsha ValJron. who lost her benefits lor the nine days she served on the jury of a murder trial.

She protested the unfairness of being penalized for doing her civic duty. "Here we have one arm of government forcing you into (jury ser-v ice hile another arm of government punishes you for providing the service." she explained in a letter. Arseneault agreed and set out to fix an obvious wrong. "I think that is one of the responsibilities of a member of Parliament." he says. "Whenever they sec an injustice.

Other iews EDITORIALS FROM ACROSS CANADA it INQUOTE" QuOTE.y l'ee sseakeneJ tv bout wf itoth'kt't's disease. ptav lunk-ev this season I've been in loo many panics this year. I've been left at the altar twice and I'm fed up with parties. City tounetllor Suk Auf Jer Staur, saying he ill run at tin independent in the touting mmiicipttt cleetion. hit he will support nnnoral tandidate JStome (Vnsmfr of the Monitealm' t'attv I have other things to do than finance linguistic guerrilla groups, who will go around denouncing everyone lelt and right.

fremter Johnum. eoming under attaek for allowing Lnghsh-only signs in the small town ol Hudson He jt retorting to a gtoup of I tenth language itetiststs. funthl in pan h' the Pant Qm'bi'coit. that toHteii the ptminte fno summer. iC" tompiling evidence of illegal Stg'IS.

The fitness and health crae have contributed to women's discontent with their bodies. tit Catohne tXtsts. a Twio teseatther who has tompletcd a stinfv of aweua nenosj Calgary Herald, Aug. 24 Flash: Millions of immigrants in Canada this year did not commit crimes, flout the law or escape justice. Not often reported, but a fact nonetheless.

YCt efforts by the RCMP immigration task force to track down and deport immigrants convicted of serious crimes could easily leave the false impression that immigrants are disproportionately responsible lor crime in Canada. Of course, some immigrants break the law. Some lice to avoid facing the consequences. Thjs is not a phenomenon unique to immigrants. In fact, the lew outlaws are better seen us criminals who happen to be immigrants, from that perspective, resisting deportation is a justice issue, nut an immigration problem.

In July the federal government formed an RCMP task force to locate immigrants convicted of serious crimes. It's estimated that 1. 900 immigrants in Canada have criminal records. That figure is not as ominous as it seems. True, the number with convictions such as murder and armed robbery is high nearly 1,300.

However, more than 400 arc in custody, so locating them is a relatively easy matter. Another 800 arc aw ailing court decisions that could change their deportation status. They arc entitled to due process. 'The number unaccounted For is 532. Considering that the immigration department has 1 1 million immigrant case hies, that is not cause lot alarm.

immigrants tend to be bctier educate and have a lower unemployment rale than name-born Canadians, according to Statistics Canada. -While there have been delays in deporting immigrants that quite rightly should have been given the boot, it is the fault of the svsiem, not the v.il majority of immigrants who move through it. What's more. the Federal govern ti'cnt is acting on the huklog London Free Press. Auj, 24 they're in convenience stores.

Thcv'fc in Kink. Now. video cameras arc in buses. The reasons for hav ing them on school buses arc the same as for anywhere else they deter bad behavior and provide evidence when bad behavior takes place. One might argue that school children arc hardly apt to be up to the same type of criminal activities that cause banks and 7-EIevens to use video cameras, but any parent whose child has been bullied or had his or her lunch grabbed on a bus can testify to the hurt that children's unruly behav ior can cause.

On buses that have been using video cameras, unruly behavior has decreased dramatically. That's good news for harried bus drivers who face safety risks if they have to try to control kids behavior hile driving. The only real alternative would be to hire another adult to superv ise the children, a far costlier choice. And. for the moment at least, no one is suggest ing cameras replace human monitors for our children anyw here else.

Nor should they. Hamilton Spectator, Aug. 25 If politics is getting you down, the stuttering economy is nuking you nervous, and you aren't looking forward to next winter, take heart: there is something to look forward to. NDP leader Audrey McLaughlin ill be the "star attraction on a nine-day Caribbean cruise next winter. Cruising with Audrey will cost between S3.000 and $7,000 but you'd better hurry.

10 people have already figned on and there is room for only 200. The ow ncr of thc.eruisc company believes a tot of Canadians would like to meet and talk with Ms McLaughlin, who slcps down as party leader in the fall. Right! No doubt thousands of taxpayers would love to he cooped up on a slop with alt kinds of politicians. Who could resist cruising with funscckers like federal Solicitor General Herb Gray. Former finance minister Mike Wilson.

Ontario Marion llovd or the entire Canadian Senate the possibilities are endless, with one exception. It might be a little dangerous cruising ith tk'b Rac at the moment since he appear to be the captain oFa sinking ship. A Six years of clamoring for change have done nothing to alleet the po-httval sv stem. Mexita't titer and 1 tit-ic Moment summing up his lew ol the resounding ruling pnty Melon the Meuean. elextion.

hu some ptedut ill HnJttmine voter tontiJente in pitrtiuit sVre as a means for so ial thange I don't know why the press is so negative toward the guy. If he caught walking on water, they would say he can't sw im ,1 spokesman It C. Sattonat Resenue Minister PaMd son. tmng to defuse ttit it ism of the mm-tster lot alto ing his i thild'en to g'ert the Qutrn at the Commonwealth tiames in 'n totut. rather than gising hanJn apped thild'tn the honor I look a little foolish.

I bumped into the president of a company who wanted to persuade you that he would sell fewer separatist bathtubs and showers than federalist bathtubs Pant QuehAttii leader Jaequei admitting ha trip to a hithtuh uf hoet ioineu in the ftiWHea mi tAe hetause its president a eootillit htfetahst M.iybe one of these day, we'll be able to report some progress, thai day Is not t.nlav. tutMtehK heutioihe Mau I eaiue ftaes after fruitless laith nets I don't even know how to use a parking meter, let atone a phone box rt of ij'i i ien- ig taHoul tf(Ht i the mode a eies ol telephone tall to it r.i" hi, nniho'uii'e male IuhI li'sful It's awful. People will invent nthin to pit me against Mr Paneau Mr Paricau and I are bie finevrx of the Mm runj ''it I'l'i 'ii I'M folder I i ft a'letation fy tolumntst I Hantev te lotked siHtestful Pe'teantt. nhile f' fi to Si tii-m i'i tt-edo ntonn temftthlog He's pot his and he's pot enough mono I le down I bv to pljy hovkrv asin I on 1'ienJol ti pfinet m'. iM.

ton Ming l-il le hlthogtt Penguins star, ho has I I.