OTTAWA, ON, May 6, 1996 - The War Amps of Canada has asked Veterans Affairs Minister David Collenette to institute an inquiry through the Standing Committee on National Defence and Veterans Affairs into the question of compensation for Canadian Far East Prisoners of War.

This request came following a rejection by Justice Minister Allan Rock, who turned down the submission asking for some form of judicial inquiry.

Cliff Chadderton, Chief Executive Officer of The War Amps, submitted a written request to Rock on February 9, 1996, charging that, in failing to protect the interests of its Hong Kong veterans, the Federal Government was in violation of both international and domestic laws and conventions.

In a reply received more than two months after Chadderton's letter, Rock rejected the request for an inquiry, stating that:

"Canada did not dishonour the terms of international covenants or protocols at the time, nor has our continuing adherence to the treaty put Canada in breach of subsequent domestic or international human right covenants." 

"The gist of his letter was that the Federal Government would not take any action in regard to the issue of payment to Far East Prisoners of War in compensation for slave labour while detained by the Japanese during World War II," Chadderton said.

He added that The War Amps had replied to Mr. Rock, challenging the majority of his statements and pointing out that he has failed to address the basic issue that Canada has indeed failed to protect the interest of PoWs throughout the course of this matter.

"It is our understanding now that this matter may well be raised at either the Standing Committee on National Defence and Veterans Affairs or perhaps the Senate Subcommittee on Veterans Affairs," said Chadderton, adding that he is accordingly preparing submissions that will request either the MPs through the House of Commons Committee or Members of the Senate Subcommittee to make a finding that the Government of Canada has failed to protect the interests of these former Far East PoWs and bears responsibility in regard to the payment of this claim.

Support for this approach has already been given in a major editorial in yesterday's Toronto Star. The Star editorial also raises the example of compensation given in 1988 to Japanese Canadians interned during World War II. This precedent, as well as the granting of compensation to Canadian victims of thalidomide, has also been raised by The War Amps in its letters to the Justice Minister.

Chadderton had stated earlier that should the inquiry request be rejected, The War Amps would file a claim under the Canadian Charter of Rights and Freedoms, however, this is no longer seen as a viable approach.

"We have done some preliminary investigation and come to the conclusion that any such claim would be tied up in the courts with Motions from the Department of Justice and jurisdictional issues relevant to the Federal Court to the extent that it would not be practical to proceed with any such claim," Chadderton said.

The claim against Japan for compensation was initiated in 1987 by The War Amps in a submission to the UN Commission on Human Rights. It was based on the Geneva Convention article which provides that PoWs made to work in war industries of their captors must be paid at the going rate for domestic labour in the detaining country.

The claim failed due to lack of support by the Canadian Government and this led to a demand in 1993 for a review of the Canadian Government position under the Optional Protocol procedure of the International Covenant on Civil and Political Rights. The UN Human Rights Committee stated in October 1995 that it could not act upon the request due to technical and procedural reasons as claimants had not exhausted remedies available in Canada.

Chadderton had stated that the inquiry would have decided the issue -- not on the basis of what the Government should or should not do as a political concession -- but with reference to whether present and former Canadian Governments, in failing to support the claim of these Canadian veterans, have contravened their legal responsibilities under the Geneva Convention and the various international protocols which guard against the violations of human rights of all citizens -- including Canadians.

According to the submission filed with the UN, the claim, per survivor or widow, would be approximately $20,000. Chadderton has pointed out that this may not result in a cost to the taxpayer as, under international law, Canada could get a favourable opinion from the International Court of Justice which would represent a moral obligation on the part of the Japanese Government to repay any funds advanced to these PoWs.