Supreme Court of Ontario
jury after a six-month trial.
The trial was the first in
Canada under a 1987
amendment to the Criminal
Code that broadened the
definition of war crimes.
The amendment allowed
for the prosecution of war
crimes committed outside
Canadian jurisdiction
against non-Canadians. A
Justice Department war
crimes unit was subsequent-
ly established to work in
tandem with the Royal
Canadian Mounted Police
war crimes squad.
Mr. Finta, a captain in the
pro-Nazi Hungarian gen-
darmerie during World War
II, was accused of forcibly
confining 8,617 Jews in the
city of Szeged, located 100
miles south of Budapest,
from May 16 to June 30,
1944. He was also accused of
stealing the detainees'
money, jewelry and
valuables while using
threats of violence.
The detainees were later
deported to Auschwitz and
other concentration camps,
where most perished.
According to the majority
opinion of the court, it was
not sufficient to prove that
the offense would constitute
robbery, forcible confine-
ment or manslaughter had it
been committed in Canada.
"An added element of in-
humanity must be demon-
strated to warrant a convic-
tion under this section,"
Justice Peter Cory wrote in a
111-page opinion for the
majority.
The minority opinion,
which would have ordered a
new trial for Mr. Finta,
argued that the majority's
approach may make further
prosecutions for wartime
atrocities impossible.
In a statement, B'nai
B'rith Canada, said the Fin-
ta ruling showed how
difficult it is to resort to a
criminal trial as a means of
bringing Nazi war criminals
to justice.
That option "must now be
abandoned in most cases in
favor of denaturalization
and deportation," B'nai
B'rith said. The group urged
that proceedings to strip Mr.
Finta of his Canadian
citizenship commence
without delay.
The Canadian Jewish
Congress, however, saw the
Supreme Court's ruling as
an optimistic sign,
"Each case is determined
on its merits, and Justice
Department prosecutors
should not be discouraged by
the refusal of the court to
order a new trial," said CJC
Chair Milton Harris.
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THE JEWISH NEWS
Sidney & Lillian
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157