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BETRAYAL


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.

 

Chapter 11

 
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