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THE   CANADIAN   JEWISH   REVIEW
DECEMBER**, 1961
An Impartial Medium for the Dissemination of Jewish News and Views
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I wholly disapprove of what you say and will defend to the death your right to say it. � Voltaire to Helvctius,
DECEMBER 22, 1961
Publication Office    .
VOL. XLIV, No. 12
Girdcnralt, Quebec
The Statement Of Canon E. W.
Scott On The Anti-Semitic
Article In The Huron
Church News
(Continued from Page Three) is fulfilled only partially and certainly not in the majority of cases.
So many Jewish parents who do send their child for a Jewish education, note that I refrained from saying: who do give their child a Jewish education, leave all, or � practically all, the Jewishness to the child and to his Jewish school. But unless there is the full co-operation between at least two of the three factors that mould the life and character of the child, the home and the school, because we have unfortunately not much control over the third important factor: the environment, the success of the educational undertaking is at best precarious.
At this point a very strong case can and should be made for the all-
The following letter from Canon E. W. Scott, executive director of the Anglican Social Service for the Diocese of Rupert's Land, appeared in the Winnipeg Jewish Post:
I read with concern the article in your issue of November 16 commenting upon an article written by the Rev. Rokeby-Thcmas which appeared in the Huron Church News. I have since read with even greater concern the original article. With your permission I would like to make several comments concerning it.
1.  The Anglican Church encourages freedom of expression and discussion in its own journal's. Mr. Rokeby-Thomas was expressing the opinion of an individual priest.
2.  The writer was not speaking for the Diocese of Huron and certainly was not speaking for the Diocese of Rupert's Land nor for the Anglican Church of Canada.
3.  The official view of the Church is quite different from that set forth by Mr. Rokeby-Thomas as is indicated by the following facts:
a.  The Council for Social Service of the Anglican Church was one of  the Charter  Members of  the  Canadian  Conference  of Christians and Jews, now the Canadian Council for Christians and Jews,  and is still active in it.
b.  This Council gave endorsation to, and publicized extensively the following statement which I feel could well apply to the article in question:
"The Canadian Council of the World Alliance for International Friendship through the Churches; views with great sorrow the spread of anti-Semitic propaganda by various agencies at the �present time. Such agitation lends to break the fundamental unity of Canadian life and therefore the status to which all elements of our population are legally entitled. We call upon the leaders oi our Christian Churches to urge their people to ignore such propaganda and so far as it bears the imprimatur of 'Christian' organizations, to repudiate it as utterly un-Christian and foreign to the mind of Christ.
"Many Anglicans locally and nationally, while believing in the right and importance of free speech, disagree fundamentally with the views expressed by Mr. Rokeby-Thomas and regret that they ever appeared in print in a Church publication."
The Diocese of Rupert's Land is the seat of the Most Reverend Howard Clark, Primate of All Canada, that is the Senior Bishop in the Anglican Church of Canada.
TEXT OF DEATH SENTENCE AGAINST ADOLF EICHMANN
(Continued  from   Page   One)
Dr. Robert Servatius, Eich-mann's defense counsel, said that the death sentence had not come as "a surprise" to the former Nazi officer, says the New York Times. "After all," Dr. Servatius added, "Eichmann did not expect that he would be able to return to his family as a free man."
Eichmann, Dr. Servatius continued, was not depressed by his conviction. "He did not complain to me that I could have done more for him as his defense counsel."
Dr. Servatius, interviewed by the Israeli newspaper Yedot Ahro-not, praised the conduct of the trial as "a great spiritual achievement" He compared the postwar Nuremberg war crimes trials unfavorably with the proceedings of the Israeli court.
"After all," Dr. Servatius said, "the Israeli court could have delivered a judgment on the following lines: 'We have heard every^ thing and we find the accused guilty.'
"This is not theVay the Israeli judges acted. They examined thoroughly and only afterwards did they deliver their verdict. This is a great spiritual achievement."
The counsel  also quoted   Eichmann as having said thai the manner of Ms capture by Israeli agents in Argentina in May, 1960, "was . artistic."
'*They did not torture me but only tied me to the bed," Eichmann reported, according to Dr. Servatiua. Eichmann living under an assumed name in Buenos Aires, was kidnapped and spirited to Israel for the trial.
Adolf Eichmann's hopes for a successful appeal from the death sentence given him were kept alive by the Israeli Special Court's rul-
ing   that   this   sentence   was   not mandatory.
The three Jewish judges, who had fled from Nazi Germany, pronounced the sentence of death by hanging for "crimes of unparal-led enormity," but they rejected Attorney. General Gideon Haus-ner's contention that they had to impose death under Israel's law for punishment of Nazis.
Eichmann heard his sentence apparently with the same stony indifference he displayed during the reading of the judgment earlier, says the New York Times.
Some observers thought he blinked rapidly as though trying to hold back tears when Presiding Judge Moshe Landau said: "The court sentences Adolf Eichmann to death." But he stood rigidly with his head thrown back and returned the cold glances from the court.
The former Nazi officer condemned in the murder of 6,000,000 Jews faces the prospect of becoming the first person to be hanged in the state of Israel. But he displayed no sign of fear. The sentencing took twelve minutes and Eichmann stood like a rock through it all.
The text of the death sentence against Adolf Eichmann, read by Presiding Justice Moshe Landau of a special Israeli court is:
I open the 121st session of the trial. The court will now read its sentence. The accused will rise.
Now, at the conclusion of the long proceedings in this ease, we have arrived at the stage to impose sentence on the accused. The Attorney General has asked for the death sentence, and his final submission was that this is the sentence that the" court is obliged, by law, to impose on one who lias been convicted of crimes under Section 1 of the Nans and Naii Collaborators (Punishment) Law 5710 � 1960, and therefore the measure of punishment is not a matter for 'the discretion of the court.
We hold that, indeed, this was so at the time when the said law
was enacted, for reasons which were given by the District Court of Tel Aviv in the case of Ingster (Pesakim Mahoziim), 162, 178. But it appears that the position in this respect changed after the enactment of the Criminal Law (Modes of Punishment) 5714� 1954.
According to Section 1 of that law, every penalty that is provided for by law would be the maximum penalty and, according to Section 43, the provisions of that law apply both to offenses under the Criminal Code Ordinance 1936 and also to offenses under any other law and, therefore, also the offenses under the law in question. Moreover, Section 40 (1) of the Modes of Punishment Law also repealed Section 42 (1), last paragraph of the Criminal Code Ordinance 1936, which provided that a death penalty was obligatory under that law.
But this doubt does not determine the matter in favor of the stricter construction and therefore we have taken it as our starting point that the measure of punishment in this case is a matter for the discretion of the court.
With a deep sense of the responsibility lying upon us, we have considered what is the proper penalty to be meted out to the accused, and have arrived at the conclusion that for the due punishment of the accused and for the deterrence of others, the maximum penalty laid down by the law has to be imposed in this case.
In our judgment we have described the crimes in which the accused participated�crimes of unparalleled enormity in their nature and their extent. Th$ aim of the crimes against the Jewish people of which the accused has been convicted was to blot out an entire people from the face of the earth, and that is what distinguishes them from crimes against persons as individuals.
It may be said that such total crimes, as also crimes against humanity, which are directed-against a group of people as such, are of an even graver nature than the sum total of the criminal acts against individuals of which they are composed.
But at this stage, when the sentence is to be considered, we Have to take into account also� and perhaps first and foremost� the injury to the victims as individuals that was involved in these crimes and the untold suffering that they and their families have undergone, and continue to undergo, as the result of these crimes.
Indeed, the dispatch by the accused of every train carrying 1,000 so,uls to Auschwitz or to any of the places of extermination amounted to direct participation by the accused in 1,000 acts of premeditated murder, and his legal and moral responsibility for those murders is in no way less than the measure of liability of him who put those persons with his own hands into the gas chamber.
Even had we found that the accused acted out of blind obedience, as he alleges, yet we would have said that one who had participated in crimes of such dimensions for years on end has to undergo the greatest punishment known to the law, and no order given to him could be a ground even for mitigating his punishment
But in fact we have found that, in acting as he did, the accused identified himself in his heart with the orders received by him and was actuated by an ardent desire to attain the criminal object. In our opinion it makes no difference also for the purpose of the penalty to be imposed for such horrible crimes, in which way this inner identification and this desire originated, and whether they were the results of the ideological training that the accused received at the hands of the regime that raised him up, as was pleaded by counsel for the defense.
This court sentences Adolf Eichmann to death for the crimes against the Jewish people, the crimes against humanity, and the war crimes of which he has been found guilty. We do not impose on him punishment for the crimes of membership in hostile organizations of which he has been found
day Jewish school as the moat desirable agency for the fashioning of the Integrated personality of the Canadian Jewish child. One ought to do that because it is precisely those parents and lay would-be educators, who are most concerned with the Canadianism of the Canadian Jewish child, that are the most vociferous opponents of the all-day Jewish school.
The all-day Jewish school has, by an unfortunate accident of semantics, been misnamed "the parochial school". A "parochial" school Would be the worst school for educating the future Canadian Jewish adult. A parochial school is by implication a school which has as its central purpose education towards a one-sided culture, and would be divorced as much as is only permissible from the .mainstream of the culture of the wider and larger democratic society.
When we express our preference for the all-day Jewish school we mean by that term an educational system in which the Canadian and Jewish aspects of the curriculum are reasonably integrated, where both are co-centric. We prefer that type of a school for the purposes of our present considerations as over a two-school system � one for the so-called general, Canadian studies and another for the supplementary Jewish studies � precisely because we want the Jew-
guilty [see section 30 (2) last paragraph of the Criminal Procedure (Trial Upon Information) Ordinance and see our A.132/57, 11 Piskei Din, 1544, 1552].
This is the sentence. And now you are at liberty to appeal as regards to judgment and the sentence, and if you wish to do so you must file a notice about the appeal to the office of this court within ten days from today and the reasons for your appeal within fifteen days from today.
Dr. (Robert) Servatius, (the West German defense counsel), if you believe that this time is too short for the accused to prepare his appeal, I beg to call your attention to the fact that there are rules of procedure of the year 1959 enabling the accused to refer himself to the President of the Supreme Court or his deputy requesting an extension of time for the filing of a notice of appeal and the reasons for the appeal, and this is up to the President of the Supreme Court or his deputy at their discretion as these rules and regulations lay down.
ish child to start his school life on an integrated bi-cultural plane, where both, the Canadian and the Jewish aspects of hia education, will be co-extensive parts of a unified system. Under such a system neither Canadianism nor Jewish-ness will be accepted on sufferance; neither will be subservient and secondary to the other.
We will not now argue at length the case for the all-day Jewish school, because we know that the community and the Jewish parents cannot afford, to educate all their children in all-day Jewish schools, but what is more important to our thinking, we do not wish to intimate that our educa.tiorial aim cannot be realized under a two-school-system. We admit freely that it is a more difficult task to accomplish under the latter system. Limitations of time, even the very mechanical duality of the system, the, as it were, departmentalizing of the child spell out the added difficulty. I" maintain, however, that as long as the supplementary Jewish school and its personnel are fully aware of the limitations and difficulties and evince the willingness and alertness to meet them, a way can be found to ensure the success of the educational enterprise.
The general curriculum oi the public school aims to provide all children with those skills and accomplishments, and to instil in them those attitudes and inclinations that will prepare them for
living in the Canadian democratic society. That curriculum is being enjoyed by alt Jewish children whether they attend the public school or the.all-day Jewish sc The specific curriculum of t Jewish school is designed to give them that additional training in Jewish culture, and to provide them with those additional experiences in Jewish Hying that will prepare them for their adult life as Jewish Canadians.
(Continued Next Week)
NOTICE
The deadline for oil newt and advertising, for the issue of Friday, December 29, will be on Friday, December 22; and for Hie issue of January 5, the deadline will be on December 29; at 2 p.m., in each cose. For the issue of January 12, the deadline will be as usual, Monday, at noon, prior to publication.
CANADIAN JEWISH CONGRESS will   submit  a   brief  to  the   Royal Commission  on  Inquiry on  Education in  Quebec on  behalf of the Jewish community.
We solicit the views of recognized (Organizations and interested individuals on the position of Jews in the educational system of the Province of Quebec and all its ramifications to assist us in the preparation of our brief.
Only written views received by CANADIAN JEWISH CONGRESS. 493 Sherbrooke West, Montreal by JANUARY 15, 1962 can be considered.
HAROLD LANDE, Q.C.,
Chairman, >'L Eastern Region, Canadian Jewish Congress.
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