Chapter 10 - THE BATTLE
FOR CANADA
Paszkowski
accepted almost with relief
his return to the West German
jail in October of 1986.
All of the forces hounding
him would be side-lined
for a while and might even
lose track of him, including
the international terrorists
planning the bombing of
an Air India flight, Polish
intelligence agents and
Interpol. While he was doing
the rest of his time, the
Canadian government would
arrange for him to return
to Canada, probably under
another assumed name. His
jail sentence hadn't been
extended by the Germans
because of his escape more
than two years previously,
so inmate Paszkowski followed
the familiar jail routine
to the letter, seeking to
be a model prisoner. This
time, however, he was assigned
no more work projects outside
the walls.
One day, while reading a
German newspaper, I spotted
a photograph and description
of a wanted terrorist. I
would have known that face
anywhere. It was the man
who had conducted the meeting
in Rome, plotting to bomb
some Air India flight. I
was quite positive it was
him; his name was Udo Ulbrecht
or Albrecht, wanted for
many terrorist attacks and
kidnappings in West Germany
and Western Europe. I was
upset by the whole thing
and decided I wanted out
of West Germany as soon
as I had done my time. I
wanted assurances about
my return to Canada. Somehow,
a premonition, or perhaps
my well-trained instinct
for survival, was telling
me that there may be some
problems, and that I might
be double-crossed.
I
wrote a letter to the Canadian
Consulate in Munich asking
about my case. They referred
me to the Canadian embassy
in Bonn. The replies to
my inquiries were non-committal.
It appeared that Jim Hentschel
- the Immigration Department
officer - was trying to
get rid of me by saying
it was too early to discuss
my return to Canada while
I was still looking at four
and half years in jail.
They thought the Germans
would make me complete the
full sentence because of
the escape. I thought they
were playing for time and
really wanted to wash their
hands of me. I was sure
I'd be out of jail in a
year and wanted to plan
for my future in Canada.
I was determined to make
CSIS keep their word.
In
order to see if anything
substantive was happening
in my case, I wrote a letter
addressed to my old handler,
Nick Maduck at CSIS in Edmonton,
telling him I expected to
be released earlier than
anticipated. Soon afterwards,
I was called to the prison
director's office in Bernau.
Expecting to meet the director
himself, I was surprised
to see a stranger in a suit
looking very official and
uneasy. He introduced himself
as Mr. Mühlbauer, a German
lawyer. I wondered what
he wanted.
"Your
friends in Canada have sent
me to talk to you," he stated.
"Nick says `hello'." I knew
he was talking about Maduck.
He sat down and put a black
leather briefcase on the
desk. "Your friends from
CSIS are having many problems
now. The internal battles
for power, you know", he
continued. "Nick is in a
lot of hot water right now.
His position in the agency
is being threatened and
he needs your help."
He
told me that someone in
the CSIS hierarchy did not
like the fact that I was
recruited, given false identification
and brought to Canada to
work for CSIS. "It would
help Nick and his friends
a great deal if you could
write a letter to Nick explaining
certain facts."
"What
letter? Which facts?" I
asked, not sure what he
meant. The man opened his
briefcase and removed a
pile of typed sheets.
"Here,
rewrite this letter in your
own handwriting, exactly
as it is. When you finish,
send your letter and the
typed original to Maduck."
Before
he left, the lawyer made
me promise again that I
would never mention anything
to anybody about my mission
to Rome. A few days later,
I wrote the letter and mailed
it to Maduck sending the
typed version soon afterwards.
The letter was written in
good Polish, though in a
somewhat old-fashioned style.
Essentially, it said that
my name was in fact Robert
Fisher, that I had visited
the Canadian Embassy in
Rome because I wanted to
emigrate to Canada, that
my father had ties in the
Polish Intelligence Service,
and other similar nonsense.
In short, the document was
intended to provide excuses
for Maduck and his colleagues
as well as for those who
had recruited me to work
for CSIS. The burden of
responsibility was thus
to be taken off their shoulders
in view of my using them
in such a mischievous way.
I
was then still so naive
that I actually believed
Maduck and wanted to help
him. I wish I had known
that this letter would come
back to haunt me when CSIS
later used it against me.
In
November, 1987, I was released
from the German jail having
served two-thirds of the
sentence. Leaving the jail
with my heavy suitcase,
I headed straight to Bonn
to speak to Jim Hentschel
at the Canadian Embassy.
Hadn't he written me himself
that we would talk after
my release?
Entering
the Embassy building, I
asked the receptionist if
I could speak to Jim Hentschel.
I didn't realize that the
Canadian staff in Bonn were
in two different buildings,
situated quite far apart.
It turned out his office
was in the other building,
and the receptionist explained
very politely how to get
there. My suitcase was very
heavy, so I asked her if
I could leave it in the
lobby of the building. She
agreed.
When
I arrived at the other building,
the receptionist there called
Hentschel to announce that
I had arrived. I waited
and waited for what seemed
a very long time. Hentschel
must have been surprised
by my arrival and my early
release from the jail. He
obviously had not consulted
his superiors previously
about what to do with me
and was most likely on the
phone frantically talking
to Ottawa.
Suddenly,
as I sat waiting for Hentschel,
a number of German policemen
rushed into the reception
area and one of the embassy
employees pointed at me
and said, "That's him."
I had just been released
from jail, so what could
the police want with me
I wondered. One of the officers
walked up to me and asked
for my documents. I handed
him my official release
papers from the jail. He
looked at it and gave it
back to me. "Great," I thought,
"they gave me my documents
back so they won't arrest
me." What could they possibly
arrest me for anyway? I
hadn't done anything.
"Have
you left your suitcase in
the lobby of the Canadian
Embassy?" one of the policemen
asked. When I replied in
the positive, he continued,
"The Canadian Embassy called
us to report that you must
have planted a bomb in it.
Could you come with us and
we'll check what's inside."
They
drove me to the other building
which housed the Embassy.
I opened my suitcase and
showed them its contents
- my modest belongings.
One of the policemen apologized
to me and drove me and my
suitcase back to the other
building where I again took
up my vigil for Hentschel.
It crossed my mind that
Hentschel was trying to
get rid of me by calling
the German police and claiming
I'd planted a bomb.
I
sat until almost closing
time when Hentschel finally
asked me in. He greeted
me politely but seemed ill-at-ease
when he said that he had
not received a decision
on my case yet. "Please
come back in a week. I'm
positive we'll have a decision
from Ottawa sent to us by
then," he said, avoiding
eye contact.
I
said good-bye and left.
I knew I would be back in
a week and I think he did
too.
Paszkowski
did not know that his file,
headed Fisher/Robert
(a.k.a. Paszkowski) G9087-8.27,
at the Canadian Embassy
in Bonn was quickly growing
with correspondence passing
between the Bonn mission
and External Affairs in
Ottawa, CSIS, the headquarters
of the Immigration Department
in Ottawa and the Immigration
centre in Edmonton. An Access
to Information Act request
would later disclose several
parts of it.
9
October 1987 - Bonn
seeks confirmation from
Immigration Headquarters
in Ottawa of the record
of landing for Paszkowski
and issuance of a Canadian
Certificate of Identity.
19
October 1987 - Bonn
receives confirmation
of landing from Passport
office in Hull and issuance
of Certificate of Identity
C1102875 on July 24,
1986. "In applying he
produced as identity
suspected false identification
papers, namely an Italian
travel document issued
Dec. 06, 84. RCMP will
likely charge if returns
to Canada." Bonn also
requests information
which "might assist
us in our assessment
of his eligibility for
Returning Resident Status."
23
October 1987 - Bonn
sends a letter to Robert
Fisher in the Bernau
jail stating that "the
authorities in Canada
have now confirmed your
date of landing in Canada
under the name of Fisher.
The passport authorities
have also confirmed
the issuance of your
travel document under
the same name. The German
authorities have advised
us that your release
from detention will
be in March 1989." Fisher/Paszkowski
is asked to complete
and return an application
for a returning resident
six months before his
expected release.
03
November 1987 - Bonn
advises the Canada Passport
Office in Hull that
the subject informed
them he may be released
on probation in the
next few weeks. Bonn
wants to approach Germany
with a request for the
subject's travel document,
though they anticipate
problems there: "If
Germany decides to deport
him to Canada, he would
require valid travel
document. Assuming Germans
are not totally naive,
they will realize that
by surrendering document
to us they will also
close off deportation
option. Since Fisher
will not likely be sent
back to Poland, Germans
would be stuck with
him, which is a possibility
that would not give
them much joy."
Bonn
then requested guidance
from the Department
of External Affairs
as Bonn wished to refuse
Returning Resident Status
to Fisher/Paszkowski
on the grounds of his
inadmissibility though
it expressed doubts
about the grounds for
refusal: "Given subjects
past behaviour may we
refuse application on
basis of his inadmissibility
under ARTICLE 19(1)(C)
(criminal conviction)
even though he has been
landed? While CIC (Immigration)
Edmonton indicated subject
unemployed often while
in their care, he did
not appear to have intended
to abandon Canada as
his letters from jail
have expressed continued
desire to return." Department
of External Affairs
refers the matter to
Immigration department
headquarters for action.
06
November 1987 - Senior
Immigration officer,
Ian Taylor, replies
in a note marked `secret':
"A complete review of
National Headquarters
files, and contact with
RCMP and CSIS HDQTS
in Ottawa fails to confirm
that subject's true
name is either Fisher
or Paszkowski... We
do not want this man
in Canada. We do not
know his true identity.
He is regarded as a
con-artist in Canada
although he was never
convicted of any crime
while in Canada. Although
it is suspected that
his true identity is
R. Paszkowski rather
than R. Fisher, there
is a high probability
that he is someone entirely
different. As he has
no credibility in identity
or intentions, he should
be refused a returning
resident permit and
not given the certificate
of identity to prevent
his return to Canada.
He is not a (Geneva)
Convention refugee and
we have no commitment
to him based on his
deceit. If he does somehow
arrive at a Canadian
port of entry, he will
likely be deported on
criminality and misrepresentation
grounds even if he was
admitted as a returning
resident on the strength
of his Immigration 1000
and whatever story he
devised. Regulation
26(2)(c)(iv) shall be
used to not issue his
RRP (Returning Resident
Permit). His return
to Italy in 1986 was
allegedly to see his
sick father but was
likely a story to cover
his true intentions
to sell his so-called
intelligence gathering
services to any interested
party. Based on his
deception and unknown
identity and purpose,
there is no basis to
facilitate his return.
Legally A19(1)(c) cannot
be used to refuse RRP
but it is a strong factor
in not issuing one."
20
November 1987 - Telex
from Bonn to Hull Immigration
Headquarters, "Fisher
came to see us on Nov.
20 to pursue his RR
(Returning Resident)
application. As you
will have noted from
separate telex reporting
on bomb scare in Chancery,
Fisher's arrival was
rather spectacular.
When dust settled and
police had gone we had
opportunity to hear
him out at length. Fisher
asked what chances were
to return to Canada
legally and we frankly
told him that they were
not good but that formal
decision would be relayed
to him in writing in
next two to three weeks.
Fisher then emphasized
that he would get back
to Canada either legally
or illegally (he pointed
out that forged travel
doc. are easy to obtain
here) if only to expose
claimed connection to
CSIS. Fisher expressed
particular anger at
CSIS Edmonton office,
blaming one or more
of staff for all his
personal problems. Tone
in which he spoke implied
latent threat. As stated
above, we propose to
refuse RR [Returning
Resident] application
but intend to delay
formal decision."
Everyone
involved seemed very concerned
about the fate of the Canadian
Certificate of Identity
No. C1-102875 issued to
Robert Fisher on July 24,
1986. Bonn did not know
who had the document but
believed that the Italians
might have confiscated it
upon Fisher/Paszkowski's
arrest in Rome.
Ottawa
suspected that German authorities
had it but might be reluctant
to return it to the Canadians
unless formally asked. The
Canadian Passport Office
at External Affairs sent
a message to Bonn in late
October, 1987 suggesting
they officially ask the
German authorities for the
return of the ill-fated
document, as "...under no
circumstances should the
document in question ever
be returned to Paszkowski."
14
December 1987 - Bonn
submits to Immigration
department in Ottawa
a draft refusal letter
to Fisher/Paszkowski
for advice and concurrence.
Bonn again expresses
doubts as to the grounds
of the refusal: "We
must confess to some
unease in proceeding
in this fashion since
we are not at all convinced
that Fisher/Paszkowski
did indeed intend to
abandon Canada. While
we agree with you and
CIC [Edmonton Immigration]
that he is not a desirable
type and that he would
be inadmissible as immigration
applicant, fact is that
he was landed."
20
December 1987 - Bonn
receives a phone call
from Rick Gibbons, a
journalist, based in
London.
23
December 1987 - Fisher/Paszkowski
contacts Bonn requesting
a decision on his Returning
Resident Permit application
and is told decision
still pending further
advice from Ottawa.
Fisher/Paszkowski informs
Bonn he has contacted
the media and plans
to authorize release
of his story. Bonn notifies
Immigration headquarters,
External Affairs and
other European posts
indicating strong possibility
of Fisher/Paszkowski
following through with
threat. Bonn provides
detailed description
and requests other European
posts to alert airlines
to prevent Fisher/Paszkowski
from travelling to Canada.
"For European posts:
have every reason to
believe that subject
will in next few days
attempt re-entry to
Canada using false documentation.
Suggest you alert your
airline contacts to
prevent travel - Description
of subject as follows:
Caucasian, age 30-35,
tall, approx 6ft 2 in
(188 cm), 190 lbs (86
kg), trim figure, full
head of brown hair,
brown eyes, moustache
no beard, likely travelling
with one maroon-coloured
soft-sides suitcase.
Speaks English fluently
although with accent.
Also speaks German and
Polish. Possibly destined
to Edmonton. No/no reason
to believe that subject
dangerous at this time
although potential exists."
Bonn
advises Immigration
headquarters that, "Fisher
visited office this
morning of Dec. 23 requesting
decision on returning
resident permit application.
When advised that we
were still awaiting
advice from Ottawa he
informed us that he
had been in touch with
press and in view of
delays was going to
authorize release of
story which would be
on all front pages of
Canadian newspapers
by next week. Also promised
he would be in Canada
by then. Subject appeared
quite irritated by what
he perceived to be bureaucratic
delays and at previous
Canadian government
deceptions. Have no
reason to doubt intentions
to follow through on
proposed action."
Later
same day, Bonn receives
telephone call from
journalist in London.
"After drafting of this
telex and receiving
telephone enquiry from
journalist Rick Gibbons
from London, UK. Advised
him we were unable to
comment on details of
case due to Canadian
privacy legislation.
Did however advise him
that case had been referred
to immigration authorities
at CEIC (Immigration
headquarters) Hull and
that future enquiries
should be directed there."
After
my release from jail, I
rented a modest apartment
in Munich and started to
settle down. A short time
later, I received a threatening
telephone call. The man
on the line shouted in Polish
that I would be dead meat
if I didn't tell my `friends
from Poland' everything
I knew about CSIS; what
job I did for them and why
they sent me to Europe.
I told him to fuck off and
hung up before he finished
with the scare tactics.
I
wondered how they had located
me so quickly and how they
had found my phone number.
However, I soon discovered
it was very easy to find
a person in West Germany.
There was a law that everyone
had to register his or her
residence in special offices
called "Einwohnermeldesmt."
I, of course, was registered
in a local office too. If
you are looking for someone,
you simply go to this office,
pay an administration fee,
and in a few seconds the
computer spits out the address
and phone number you want.
I
went to the German police
and told them a little about
my case and the threatening
call, but I was told that
they could not help me as
it was Canada's problem
and not theirs. I was concerned,
knowing that when I refused
to tell the Poles what I
knew about CSIS they would
simply kill me. There was
no hope that they would
have second thoughts about
it as it wasn't the first
time I had abandoned them,
and even worse, they were
aware that I had crossed
over to the other side and
worked for CSIS. It appeared
they wanted to know everything
I could tell them about
the Canadian spy agency.
Once again I was in trouble
even though I had just been
released from jail. Only
Interpol seemed to be off
my case for the moment.
*
* * * *
It
never crossed my mind to
talk to the Polish SB about
CSIS. At that time, I still
felt loyal to my former
bosses in the Canadian Intelligence
Service. It hadn't hit home
yet that at the same time,
the Canadians were trying
every trick in the book
to dump me and keep me out
of Canada permanently. I
would never have expected
Canadian officials to be
capable of acting in such
a manner when I was keeping
my part of the bargain and
had kept my mouth shut.
I knew intelligence agencies
were two-faced, but I still
had hope that CSIS would
be different.
I
decided to leave Munich
and moved to Cologne. A
week later, I had an appointment
with Hentschel. There was
another man in the room
introduced to me as Mr.
Koniewski. Koniewski, I
was told, was from CSIS.
"No decision from Ottawa
yet, Mr. Fisher," Hentschel
announced cheerfully, "but
I hope it will come any
day now."
I
told them about the call
from the Polish agent and
the lack of any help from
the German police. Koniewski
got up and asked me, "Why
do you want to return to
Canada so badly? Don't you
already have refugee status
in West Germany - something
millions of Poles could
only dream about?"
I
lost my cool in the face
of this witless audacity.
This guy had real nerve.
I told them both what I
thought about CSIS and its
shady dealings, about me
risking my life here, being
threatened by the Polish
SB while keeping my mouth
shut to protect CSIS. "Don't
you think, Mr. Koniewski,
that to save my own ass
I should tell the Polish
SB all I know about CSIS?"
"You
have no right to give away
Canadian state secrets,"
he answered coolly. "You
would endanger our national
security."
I
was amazed at the fellow's
logic! Here I was being
hunted by the SB and having
my life threatened, yet
I was obliged to keep CSIS
secrets and take them to
the grave with me if necessary
while the country for which
I have taken some real risks
leaves me out in the cold
pretending they have never
heard of me! I felt like
punching Koniewski in the
mouth, but resisted the
temptation knowing it would
only make matters worse.
Turning
for the door, I told Koniewski,
"Tell your big bosses in
Ottawa that I will wait
for their decision till
mid-December (1987) - another
month or so. If no decision
is made by then or if it
is unfavourable to me, I
will speak to the press
and Canadians will read
on the front pages that
CSIS recruited me with full
knowledge that I had been
on Interpol's wanted list
for hijacking a plane."
Koniewski said he would
pass the message on and
I left.
After
that meeting, I called Hentschel
several times and dropped
by his office once to see
if there was any news. There
was never news for me and
time was running out. December
15, 1987, came and went
with no news. On December
20th, I called Hentschel
to hear once again that
they had nothing new to
tell me. All of the illusions
I had harboured about CSIS
then somehow cleared from
my mind like cobwebs. It
was suddenly obvious that
the government of Canada
had used me for its own
purpose, to do the dirty
work, then discarded me
like a used kleenex. I phoned
the Canadian Press Bureau
in London, England and talked
to Rick Gibbons. Briefly,
I told him about my case
and the next day Gibbons
flew over to Cologne where
we met. I repeated my story
with more details not, however,
saying anything about the
specifics of the mission
to Rome.
Ian
Taylor, Chief of Security
Review and Special Cases,
Immigration Operations,
wrote a long letter
dated December 23, 1987
to J.A.M. Deschenes,
Director General, Counter
Intelligence at CSIS.
The letter outlines
some of the problems
Immigration has with
the Paszkowski/Fisher
case and keeping him
out of the country:
"Our position in this
case is clear. We do
not want him to return
to Canada. If Fisher/Paszkowski
persists however, we
may not be able to prevent
his return."
"The
purpose of this memorandum
is to seek additional
information from your
service which would
assist us to keep Fisher/Paszkowski
out of Canada. Do you
have any evidence, or
can obtain any evidence,
which identifies his
true name, date of birth,
place of birth, nationality,
background as an agent
of the Polish Intelligence
Service, or of any other
hostile intelligence
service, any of which
may assist us to frustrate
his plans to return
to Canada?"
Taylor
advises the Service that
Fisher intended to publicly
expose CSIS for alleged
wrong-doing and also asks
for confirmation that Fisher
is in fact Fisher or Paszkowski
or someone else, and wonders
if finger prints could be
verified even though Poland
is not a member of Interpol.
It was strange for a senior
Immigration operations officer
to ask them for possible
proof of Paszkowski's identity
when he had already received
a telex from the RCMP in
mid-August of 1986 and one
from Rome on September 3,
1986 stating that Fisher
had been positively identified
through finger prints as
Paszkowski. Taylor himself
sent a telex to the Canadian
Embassy in Rome, Visa Section,
a day earlier (September
2, 1986) saying that Italian
authorities had already
confirmed Fisher is Paszkowski.
Also, a note marked `secret'
and sent by Immigration
headquarters in Hull on
August 5, 1986 to colleagues
in Edmonton identified Robert
Fisher as Ryszard Paszkowski
and cited paragraphs of
the Canadian Criminal Code
for skyjacking and other
applicable sections for
charges against him. The
note goes on: "CSIS representative
has details/documents and
will contact Imm. in Edmonton.
Suggest you liaise with
him on meeting subject for
interview/report."
29
December 1987 - Bonn
receives a telex from
Immigration headquarters
advising to refuse Fisher/Paszkowski:
"No change in our position
as per our telex dated
Nov.6.86. He should
be refused a RR (Returning
Resident) Permit. CSIS
asked to determine his
true identity. Alert
sent to all ports of
entry to be on look-out
in case he attempts
end run."
30
December 1987 - Bonn
makes decision to refuse
Returning Resident Permit;
refusal letter sent
to Fisher/Paszkowski
at last known address
in Cologne. Fisher/Paszkowski
telephones after refusal
letter was sent and
told of refusal. He
replied he would go
to Canada anyway and
that they could read
his "story in the press."
13
January 1988 - Immigration
headquarters in Hull
replies to Bonn request
for instructions on
how to deal with the
journalist (Rick Gibbons)
and the press line:
"Privacy/Access people
at NHQ [National Headquarters]
say subject gives written
permission to reporter
to access file and Bonn
is satisfied written
consent is legitimate,
you only need to release
basic tombstone data
(names, dates of travel,
applications, etc.).
It may be advisable
to check to determine
if reporter is aware
of subject's conviction
in Munich as "Paszkowski"
on Feb. 14, `83 and
subject's denial of
crime conviction on
Imm.8 [an immigration
form]. No security-related
info need be released.
Bonn to use much discretion
to exempt info from
file for release. Advise
NHQ of all requests
received and what info
you have deemed released.
If after info released
the reporter and/or
subject claims there
is more on file, we
need only say it is
all we are prepared
to release. We are legally
protecting some confidential
info held by Canadian
government."
21
January 1988 - London
Bureau Chief, Canadian
Press, phones Bonn to
advise the Fisher/Paszkowski
story to be released
shortly, requests confirmation
of Bonn's December 23rd
letter stating date
of landing under name
Fisher. Bonn confirms
letter but declines
to provide any specific
details. CP Wire story
is released under Rick
Gibbons' byline.
"Segments
of story Rick Gibbons
read to us and recent
reports on `Palestinian
terrorist' landed in
Canada in 1987 suggest
that one of major focuses
will be quality of immigration
security screening and
CSIS operations in Canada
and abroad. Department
may also come in for
criticism for refusing
application."
External
Affairs Ottawa sends
all posts immediate
telex to alert immigration
and consular sections
not to issue visitor
visa, returning resident
permit, or Canadian
travel document without
reference to Ottawa.
Bonn is advised of responsibility
centre at Immigration
headquarters and Solicitor
General for contacts
with the press. Warsaw
is made aware of this
because of alleged Polish
intelligence activities.
As
reported by the Canadian
Press in January 1988, Bob
Kaplan, Solicitor General
for the Liberal government
at the time Paszkowski was
recruited by the RCMP in
August of 1984, said that
he couldn't recall being
briefed on the case. "That
type of double agent is
certainly one of the things
every security service tries
to get. But I can't remember
him." He noted that normal
procedures call for a minister
to be told of any scheme
to give someone permanent
resident status in Canada
in exchange for intelligence
service. In this instance,
the operation would have
been carried out during
the confusion of a federal
election campaign and the
subsequent transfer of power
after September 1984.
External
Affairs sent a telex to
all Canadian Diplomatic
Posts advising them not
to issue any documents which
would facilitate Paszkowski/Fisher's
entry to Canada.
The
same day a meeting a External
Affairs took place with
representatives of all the
Departments concerned -
CSIS, Immigration, Solicitor
General, and External Affairs
to discuss how the case
should be handled in light
of the pending story in
the press. It was agreed
that the Solicitor General's
office would take the lead
role.
22
January 1988 - A short
article by Rick Gibbons
made the front pages
in a number of Canadian
dailies as he informed
the Canadian public
that, "A convicted airline
hijacker and prison
escapee says he was
recruited in Europe
by the RCMP, sent to
Canada under a phoney
name and set up as a
spy."
22
January 1988 - James
Kelleher, Solicitor
General, is having a
difficult day. He fields
questions from an NDP
Member of Parliament,
Svend Robinson, who
asks questions about
a CSIS Canadian agent
involved in criminal
activities. His second
question is about a,
"Polish hijacker and
prison escapee" CSIS
brought into Canada,
drawing a parallel that
the Minister had lost
control over CSIS and
should resign. The Solicitor
General replied:
"...the
individual entered
Canada illegally
in December, 1984.
I am advised that
some months after
and only after he
arrived in Canada
he volunteered his
services to CSIS.
I have been advised
that prior to his
voluntary departure
in August of 1986
from Canada the
Service severed
its relationship
with him.
"Finally,
I can advise the
Hon. Member and
the House that there
is an outstanding
warrant for this
individual. If he
attempts to re-enter
Canada he will be
arrested and subsequently
deported."
22
January 1988 - Fisher/Paszkowski
telephones Bonn to request
confirmation of Canadian
government plans to
prepare charges against
him. Bonn declines to
confirm. He is also
informed of refusal
of his application for
Returning Resident Permit.
23
January 1988 - A front page
Globe and Mail article
by Gibbons quotes Paszkowski
as saying that a senior
diplomat at the Polish Embassy
in Ottawa is a high-ranking
member of the Polish secret
service, which manages a
network of about 100 agents
and informers in Canada.
Two days later, Secretary
of State, Joe Clark, in
a scrum outside the House
of Commons when asked about
the spy ring, responds:
"We have no information
that would make us believe
that those reports are accurate."
In
March, Paszkowski again
called the Canadian
Embassy in Bonn seeking
confirmation that the
government was preparing
to press charges against
him. The Embassy official
declined to confirm
but mused later in a
fax to Ottawa, "Fisher
may, however, think
twice about attempting
return if he believes
he may face arrest after
arrival."
16
March 1988 - Fisher/Paszkowski
telephones Bonn and
asks questions about
what would be waiting
for him if he returned
to Canada. He requested
his refusal letter and
written confirmation
of the existence of
an arrest warrant for
him in Canada. Bonn
requests guidance on
wording of requested
letter.
17
March 1988 - Bonn expresses
dismay about delay in
receiving advice on
refusal letter which
was transmitted to Immigration
headquarters on December
14, 1987 for that purpose.
Bonn requests text of
refusal letter.
21
March 1988 - Bonn prepares
new refusal letter and
advises Fisher/Paszkowski
in a telephone call
to contact Embassy to
collect letter in person.
"Dear
Mr. Fisher/Paszkowski
I
refer to your application
for a returning
resident permit.
After an extensive
review of all pertinent
information on your
file, I have concluded
that your application
must be refused.
This decision is
based on your inability
to satisfy me, as
required under section
24(2) of the Immigration
Act 1975, that you
did not/not intend
to abandon Canada
as your place of
permanent residence.
I must add that
a final determination
about your status
can only be made
by an adjudicator.
"Further
to our telephone
conversation, I
wish to confirm
that according to
information available
to us there is an
outstanding warrant
against you in Canada
under section 95(B)
of the Immigration
Act 1976, and that
you may be subject
to arrest if you
were to return to
Canada."
Bonn
contacts local airlines
and requests alert.
23
March 1988 - Fisher/Paszkowski
collects refusal letter
and submits application
for visitor visa with
German travel document.
Visitor visa refused.
A
note marked `confidential'
sent from External Affairs
to Bonn in March 1988, states:
"...External Affairs, Ottawa
should continue to be informed
on all your exchanges with
CEIC (Immigration headquarters)
as this very sensitive and
controversial case is of
interest not only to CSIS
Bureau but also to high
level of hierarchy in External
Affairs, Ottawa and in P.C.O.
[Privy Council Office]."
The
interest in Paszkowski's
case by the Privy Council
Office is indicative of
something we can only guess
at. Paszkowski admits he
has not disclosed everything
he knows from his CSIS days
because lives and reputations
of other people are involved.
The desperate efforts of
Immigration to keep him
outside the country might
suggest that Paszkowski
either met someone or gained
some important information
while working for CSIS during
1985-1986. Paszkowski himself
might not realize the importance
of this information - or
perhaps he does and that's
why he's withholding the
details deliberately. Perhaps
someone knows that Paszkowski
is aware of certain things
and is exercising his or
her influence in trying
to keep him out of the country.
While
in West Germany, Paszkowski
was informed about the case
of Mahmoud Mohammad Issa
Mohammad a Palestinian terrorist.
Canadian Immigration and
embassy officials were also
aware of possible parallels
between the two cases.
Mahmoud
Mohammad Issa Mohammad came
to Canada as a landed immigrant
in February, 1987. It was
not until the Globe and
Mail published a story
in mid-January 1988 revealing
his past that the Immigration
department started an investigation.
The Globe and Mail
reported that the CSIS security
screening process overseas
failed to identify Mohammad
as a convicted terrorist
who had attacked an El Al
passenger jetliner in Athens
in 1968; an Israeli man
was killed in the attack.
Mohammad was convicted of
manslaughter, use of a weapon
in the commitment of a crime
and other crimes and sentenced
to 17 years in prison. Mohammad
was cleared by CSIS in Madrid
in December 1986 even though
CSIS had earlier information
about him at its headquarters
in Ottawa.
As
the Globe and Mail
journalist, Victor Malarek,
reported, at one point early
in the hearing, an attempt
was made to spirit Mohammad
to Algeria via London. A
secret deal had been worked
out with the Immigration
department that if he left
the country voluntarily,
his wife and children would
be allowed to remain in
Canada. But the arrangements
fell through when the plan
was leaked to the news media
while Mohammad was en route
to London, and the Algerian
airline refused to allow
him to board the aircraft
for the final leg of his
journey because he did not
have a visa for Algeria.
Mohammad was forced to return
to Canada.
During
an appearance before the
House of Commons Standing
Committee on Justice and
the Solicitor General in
mid-April 1988, Ron Atkey,
then Chair of the SIRC,
chastised the media for
implying that CSIS was involved
in Mr. Mohammad's attempt
to leave the country on
February 22, 1988. Atkey
stated that an investigation
by the SIRC concluded that
CSIS had nothing whatsoever
to do with the terrorist's
attempt to find asylum elsewhere
and his eventual flight
back to Canada. The chairman
admitted, however, that
"CSIS' reputation suffered
as a result of this incident,
and the service's standing
the eyes of Canadians was
certainly damaged."
Neither
CSIS nor Immigration authorities
needed more adverse publicity
in their "bad year" with
their handling of another
convicted hijacker's case,
though the circumstances
and the background of the
two cases were entirely
different.
Ryszard
Fryga, Paszkowski's friend
from his earliest days in
Edmonton as Robert Fisher,
recalls his own experience
of being interviewed by
CSIS in the spring of 1989.
As Access to Information
documents state that Immigration
officials tried to locate
and recover an Immigration
1000 form, which is a record
of his landing in the name
of Robert Fisher. Paszkowski
told them it was safely
hidden with a friend in
Edmonton. A confidential
note sent from Immigration
headquarters in Ottawa/Hull
to its Edmonton branch referring
to this, asks to "advise
if friend has been contacted
and if Imm. 1000 returned."
This
might have been behind the
ire of the CSIS employee
who in Fryga's words approached
him thus for the document:
"The first words of the
CSIS employee were that
they (CSIS) had an arrest
warrant out on me at any
time. He also suggested
that they could discredit
me in the eyes of the Polish
community; that I could
even lose my job. The agent
added that after the interrogation
I could go where I wanted
with my problems, even to
the press. He added that
Ryszard Paszkowski was a
very bad person.... Finally,
he said that if I wanted
to help Paszkowski, I could
send him money, but I should
not try to undertake any
official steps to get him
into Canada." Fryga added
that from the CSIS agent's
comments he could deduct
that the various telephone
conversations between himself
and Paszkowski in West Germany
had been taped. "During
my interrogation I noticed
that I was being taped by
a tape recorder, which was
in the corner under the
window in a grey-brown bag."
Article 95(B) of the Immigration
Act baffled me. When first
asked by journalists on
what grounds I would be
arrested if I returned to
Canada, the Solicitor General
could not come up with an
answer. Only a few days
later, they came up with
article 95(B). It meant
very little to me, and I
was still willing and eager
to go to Canada and testify.
Also, when I heard about
the warrant for my arrest
in Canada I called Hentschel
to confirm it, which he
did in a letter. He also
told me what James Kelleher
(then Solicitor General)
had said in the House of
Commons. It appeared to
me they were determined
to scare me into staying
out of Canada and testifying
against CSIS, knowing I
knew a bit too much for
their liking.
I
was ready to come to Canada
and say, "Hey, you want
to charge me with article
95(B); here I am to face
your charges and prove they
are all fabricated."
So,
once again I contacted the
Canadian Embassy in Bonn
and applied for a visitor's
visa. Under "the purpose
of visit" section, I stated:
to face the charges laid
against me in Canada. Hentschel,
of course, was the one who
reviewed my application
and sure enough I was refused
an entry visa.
"What
is going on?" I asked myself.
"I'm willing to go to Canada,
be arrested and testify
in court, yet the Canadian
government, whose laws I
have apparently broken,
won't let me in to charge
me officially?"
In
February 1988, I was interviewed
by CTV in London and told
them Solicitor General Kelleher
was lying, that in fact
I wanted to come to Canada
to face the charges. I just
wasn't let into the country,
so that there would be no
public trial. They couldn't
let me have my day in court,
knowing I would spill all
those beans. All those involved
so far: CSIS, Kelleher,
and maybe even Joe Clark,
hoped that by keeping me
out of the country, the
whole affair would somehow
blow over and I would fade
away from the Canadian public's
memory. It wasn't supposed
to happen this way though.
Gradually,
I began to adjust to the
idea of having to live in
West Germany and didn't
really have much choice.
Despite all the publicity
my case attracted, nobody
was able to help me to return
to Canada. As things seemed
to calm down, I focused
on making a living in the
country that at least tolerated
me. I found a well-paying
job in security work and,
just in case, bought a gun
on the black market which
I always carried on me.
My
job involved much travel
and I was constantly going
from country to country
because my employer had
branches across Western
Europe. One day, while driving
on a highway to Hanover,
I realized a car was following
me closely. To make sure,
I slowed down, then accelerated.
The car stayed right behind
me. I couldn't shake it
off.
I
stopped in Hanover in a
busy downtown street. The
car pulled up next to me
and two men got out of it.
One of them stated in Polish,
"Well, well, Mr. Paszkowski.
Canada turned its ass on
you and you're so stupid
to be loyal and keep all
the secrets to yourself.
We repeat again what's wanted
of you. Write down everything
you know about CSIS, the
Italian intelligence service
and anything else you want
to share with us and mail
it to the address you know
in Krakow. If you don't
do it, a bullet in your
stubborn head may help make
it more agreeable. This
is the last warning."
I
felt like an idiot. I was
alone with no one to turn
to for help. Co-operating
with the SB was out of the
question anyway, but keeping
CSIS secrets now made me
feel like a real fool. I
had been duped by Canada.
Most likely, both sides
would be happy to see me
dead.
I
lived from day to day in
uncertainty, then decided
to turn to West German intelligence
for help. However, their
answer was similar to what
I got previously from the
Munich police: "As long
as German interests are
not concerned, we can't
get involved. It is a Canadian
problem. Let them take care
of it."
"They
have," I commented to myself
bitterly.
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