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Sept. 28, 2007

Who will protect our rights?

Exhibits focus on Jewish lawyers who survived Nazi Germany.
CYNTHIA RAMSAY

There are similarities between the way in which Jews are being treated today and the attitudes exhibited toward Jews prior to the Holocaust. And governments continue to try and pressure judges and lawyers to achieve political goals. What happens – especially to minority groups, such as Jews – when politics interfere with the right to justice?

This is one of the many questions that will be examined in an upcoming exhibit, Lawyers Without Rights, being presented by the Law Society of British Columbia in partnership with Friends of Simon Wiesenthal Centre for Holocaust Studies, the Vancouver Holocaust Education Centre, the Consulate General of the Federal Republic of Germany, Vancouver, and the CBC.

"The law society is thrilled to be part of Lawyers Without Rights, because it deals with issues that impact all citizens," said Anna Fung, president of the Law Society of British Columbia, in an interview with the Independent. "The display touches on the fundamentals of our profession – independence and the rule of law – and it touches on issues that lawyers in some countries – thankfully, not Canada – face today.

"It's imperative that everyone understand the importance of the rule of law in a just, free and democratic society and the importance of a legal system that is independent of government or political pressure."

To help with this understanding, Lawyers Without Rights will also feature an evening public forum, with speakers on pre-Holocaust Germany, the fate of lawyers in Nazi Germany and the protection of the rule of law in the world today.

"Lawyers are entrusted with protecting the rights and freedoms that are the foundation of our free and democratic nation," explained Fung. "Imagine what would happen if half of B.C.'s lawyers were summarily disbarred, the legal system transformed into an instrument of tyranny and the rule of law disappeared. In such a world, if individual rights and freedoms were threatened, who would stand up to protect them?

"What happened to the legal system in Germany during the 1930s and 1940s is an important lesson for us to remember, as we see ostensibly democratic countries today continue to try to put restrictions on their judges and lawyers to achieve political ends."

The Lawyers Without Rights exhibit will bring that message close to home.
"There's a direct link to British Columbia," said Fung, "as some of those victims made their way to this province and settled here. Despite the trauma of the experience that they suffered at the hands of the Nazis, they never lost faith in the fundamentals of the legal profession – independence and the rule of law – and have continued to instil those principles in their offspring. One of those victims [Sam Sussel], who settled in Chilliwack, now has a grandchild, Terri Cohen, who is practising law in B.C."

The three lawyers featured in the exhibit, who have since passed away, are Fritz Oberlander (Austria), Sam Sussel (Germany) and Stanislaw Boraks (Poland).

"For this project," explained Frieda Miller, executive director, Vancouver Holocaust Education Centre, "we interviewed their children, Peter Oberlander, Walter Sussel and Lillian Boraks Nemetz, who have also all had distinguished careers in their own rights, making this a testament to the immigrant experience and how much such people have been able to contribute to our society."

Miller said that, whenever the centre brings in travelling exhibits, it tries to introduce local stories and content. Lawyers Without Rights, added Miller, "seemed like a perfect opportunity to explore the experiences of three local survivors, whose fathers had all lost the right to practise law under the Nazis and whose families subsequently came to Canada. We believe that these local stories are remarkable and compelling, with direct links to the exhibit themes and, as such, would resonate with visitors here."

The centre received a grant from the Law Foundation of British Columbia for this project, said Miller, as well as for another important program.

"In addition, we have designed a second exhibit for our own space on the subject of the Nuremberg trials and their impact on international law and human rights today," she said. "This exhibit has been designed to resemble the setting of the original courtroom, and will also act as a backdrop for the school program Nuremberg: A Student Mock Trial of Julius Streicher, in which visiting classes will re-enact the trial of one of the most notorious defendants.

"The two exhibits complement each other well," she continued. "Lawyers Without Rights demonstrates what can happen when the rule of law and the rights and freedoms of citizens are undermined by the state, while Nuremberg demonstrates the potential for justice, based on the rule of law, that can be found in the resolve of the international community."

VHEC education co-ordinator Nina Krieger explained further.

"More than 60 years after the Allies established the International Military Tribunal to try Nazi leaders for their roles in the systematic murder of millions of people during the Holocaust and Second World War," she said, "the Nuremberg trials stand as a watershed moment in the ongoing pursuit of international justice. The Nuremberg: Justice in the Aftermath of the Holocaust exhibit traces the history of the trials, highlighting their accomplishments, controversies and legacies – and considers human rights issues that demand response and resolve from the international community today.

"Classes visiting the Nuremberg exhibit will participate in a new school program, A Student Mock Trial of Julius Streicher. In 1946, Streicher, the publisher of the virulently anti-Semitic newspaper Der Stürmer, was convicted of crimes against humanity, for his role in inciting the persecution and murder of Jews through the dissemination of hate propaganda. Using primary source material as evidence, students will re-enact Streicher's trial, learning about the Nuremberg tribunals' processes and contemporary significance. The post-trial discussion will address Canada's anti-hate legislation and prosecution of suspected war criminals, as well as current proceedings at the International Criminal Court at The Hague."

The VHEC's Schindler and Vancouver's Schindler Jews exhibit attracted some 150 schools – more than 5,000 students – to the centre, said Krieger, and they anticipate a similar audience for the Nuremberg exhibit and school program. There is also a comprehensive teachers' guide for the mock trial, which will be available for download from www.vhec.org.

It was the Simon Wiesenthal Centre that approached VHEC about Lawyers Without Rights.

"Friends of Simon Wiesenthal Centre for Holocaust Studies (as opposed to the Simon Wiesenthal Centre in the U.S.) became involved when we got a call from then-justice minister Irwin Cotler's office," Leo Adler, director of national affairs, Friends of Simon Wiesenthal Centre for Holocaust Studies, told the Independent. "Irwin had spoken to Joel Levi, the Israeli lawyer who was instrumental in the formation of the exhibit and, when Joel asked if the government could bring the exhibition to Canada, he was told that it would be better for a private group to do so. As a result, we partnered with the German embassy in Ottawa and consulates in Montreal and Toronto and the Holocaust committees in Montreal and Toronto to bring the exhibit to those three eastern cities.

"As it turned out, SWC in Los Angeles had been one of the partners in bringing the show to Los Angeles a few years before. So it's fair to say that our organization, as a whole, has a lengthy history with this exhibit. Next year, it goes to Hamilton and we are in talks with groups in Alberta, too."

Adler will be speaking at the public forum, offering, he said, "a reflection of the politically correct world of the pre-WWII era. Nazism and the Holocaust didn't just spring up one day out of the blue or because one man 'mesmerized' a nation. Anti-Semitism was in vogue throughout Europe, the Americas (including Canada) and elsewhere. Thus, to understand what happened in the Germany of the 1930s, you need to know what was also happening elsewhere. To the modern eye, much of what Jews went through then is frighteningly similar to much (though not all) of what we are currently experiencing."

Some of those common aspects, he said, "are the belittling and delegitimization of Jews (and, today, Israel – as a stand-in for Jews), the failure of the world to recognize and pay appropriate attention to people who say what they mean (Hitler and the current Iranian president) and have the means to do what they say (gas chambers vs. nuclear weapons). There are other examples, but I urge you to attend in order to get the whole story."

Lawyers Without Rights will come to Simon Fraser University Harbor Centre Tower Atrium, Nov. 1-25, and then head to the University of Victoria Student Union Building Nov. 28-Dec. 9. For more information on the exhibits, visit vhec.org or lawsociety.bc.ca. The free public forum will take place Nov. 22, 6-8:30 p.m., at SFU Harbor Centre. To register, call 604-669-2533 or e-mail [email protected].

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