Ottawa UCPBA files for access to information on hiring of the OSI's former director (08/16/98)

Ottawa UCPBA files for access to information on hiring of the OSI's former director

by Andrij Kudla Wynnyckyj
Toronto Press Bureau

TORONTO - On August 5, Ron Sorobey, president of the Ottawa Branch of the Ukrainian Canadian Professional and Business Association (UCPBA), told The Ukrainian Weekly of a request filed under the Access to Information Act with the Department of Justice that had been filed "to obtain information pertaining to the department's hiring of attorney Neal M. Sher of Washington, D.C., U.S.A., to the war crimes unit."

In a May 13 letter to Anne Brennan, coordinator of the Access to Information and Privacy office of the Department of Justice, Mr. Sorobey requested "all materials, memoranda to [Justice Minister Anne McLellan], e-mail, correspondence, briefing notes, etc." connected with the hiring of Mr. Sher.

The UCPBA official had asked for "documentation clearly showing that Neal M. Sher has received a top security clearance to view sensitive Canadian war crimes documents."

Mr. Sorobey's request raised the issue of allegations of perjury that have been leveled at Mr. Sher. The Ottawa-based activist requested documentation of the date Ms. McLellan became aware that Mr. Sher was under investigation for perjury and showing "Mr. Sher's disclosure to the Canadian Security Intelligence Service of the ongoing investigation of Mr. Sher for perjury by the Justice Department in the United States prior to his appointment as consultant to the war crimes unit."

Ms. Brennan replied within a month to Mr. Sorobey's request, on June 8, informing him that 280 pages of documents were generated in connection with the hiring, of which 192 pages were "releasable." The rest were deemed not releasable because they contained personal information, exempted under section 19(1) of the Access to Information Act; advice or recommendations, section 21(1)(a): accounts of consultations or deliberations, section 21(1)(b): and others, which were subject to solicitor-client privilege, section 23. Also excluded was information protected under section 69(1) of the act, protecting "confidences of the Queen's Privy Council of Canada."

Mr. Sorobey said that the access office personnel "have been very forthcoming and very helpful" with the Ukrainian community's inquiries. He praised Thérèse St. Amant of the Access to Information and Privacy Office, saying that she has been handling the matter in a very professional manner, assisting the search for documents and providing advice as to which might be helpful.

Mr. Sorobey said that, as a result of such consultations, UCPBA representatives did not bother to seek copies of documents that were completely blacked out.

"A fair amount of the documentation obtained was correspondence from Ukrainian Canadian organizations protesting the hiring," Mr. Sorobey said, adding that "the government can be pretty good at covering its tracks."

Mr. Sorobey also said the Ottawa branch of the Ukrainian Canadian Congress (UCC) has been supportive of the UCPBA's action on the request, and that the UCPBA had based its filing on a draft prepared by UCC Ottawa official Modest Cmoc.

Mr. Cmoc is currently in possession of the documents obtained as a result of the Information Act request, but had not returned calls at press time. Mr. Sorobey said the UCPBA is willing to share the material with anyone in the community ready to absorb costs of reproduction.

In May, outgoing UCC Ottawa Branch President Dr. Walter Shelest had balked at filing a request, citing upcoming elections to the executive (held on May 20). At the time, Dr. Shelest told The Weekly that "UCC national should do this, they have a Committee [on Justice and Denaturalization and Deportation], they have [CJDD Chair John] Petryshyn, there's John Gregorovich [chairman of the Ukrainian Canadian Civil Liberties Association], I don't understand why this has to be done from our end."

Mr. Sorobey said that an initial package of materials had been received from the Department of Justice in late June, and that another would be sent out in the near future.

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