Poland's education minister says he's 'taken steps' to extradite Yaroslav Hunka

Poland's education minister says he has "taken steps" to effect the extradition to Poland of Yaroslav Hunka, a 98-year-old Ukrainian Canadian, after it emerged that the veteran served in the Nazi SS Galizien formation during the Second World War.

On Friday, Hunka was invited to sit in the parliamentary gallery by Speaker Anthony Rota for Ukrainian President Volodymyr Zelenskyy's address to Parliament. Rota introduced Hunka as a "Ukrainian hero" and a "Canadian hero," prompting a standing ovation in the House of Commons.

Over the weekend, it was reported that Hunka was part of the First Ukrainian Division, also known as the Waffen-SS Galicia Division or the SS 14th Waffen Division, a voluntary unit that was under the command of the Nazis.

"In view of the scandalous events in the Canadian Parliament, which involved honouring, in the presence of President Zelenskyy, a member of the criminal Nazi SS Galizien formation, I have taken steps towards the possible extradition of this man to Poland," Przemysław Czarnek said in a social media post Tuesday.

Minister of Justice and Attorney General of Canada Arif Virani told reporters Tuesday that he can't comment on Czarnek's move because no extradition request has come across his desk and no one from the Polish government has reached out to him.

Rota apologized to the House on Monday, insisting the decision to invite Hunka, who lives in Rota's riding of Nipissing–Timiskaming, was entirely his own. He announced his resignation Tuesday.

Rota said Monday he personally regretted inviting Hunka and pointing him out in the gallery following Zelenskyy's remarks.

"I am deeply sorry I offended many with my gesture and remarks," Rota said. "This initiative was entirely my own. I want to really tell you that the intention was not to embarrass this House."

Extradition not straightforward: expert

Robert Currie, a law professor at Dalhousie University and an expert in extradition law, told CBC News Canada does not have a formal extradition agreement with Poland.

"That doesn't prevent extradition. It just makes it a matter of more paperwork between the two governments," he said.

Currie said Canada and Poland can agree to extradition in Hunka's case. Before that transfer could happen, he added, Poland would have to present evidence that Hunka committed a crime that Canada would recognize — he could not be extradited on the basis of his membership in the Nazi SS Galizien formation.

"We do not have crimes of association other than organized crime type-offences which are very, very specialized," he said.

Other challenges to extradition in Hunka's case, Currie said, include his advanced age and the question of whether he is fit to stand trial. Hunka could also challenge any extradition in court, a process that could take years.

The Netherlands refused an extradition request from Poland in 2020, citing concerns that judges in that country were not sufficiently independent of the Polish government. 

"When you have the government interfering with the courts, that gives the appearance of the potential for a fair trial being endangered, and that is an argument that a person can make [to avoid extradition]," Currie said. 

Rota resigns after meeting with House leaders

Following a meeting with the parties' House leaders, Rota announced Tuesday he will step down at the end of the sitting day Wednesday.

"I accept full responsibility for my actions," he said. "My resignation is effective at the end of the sitting day tomorrow, Wednesday, September 27, to allow preparations for the election of a new speaker. Until that time, the deputy speakers will chair the House proceedings."

Opposition parties had maintained that said it would not be enough for Rota to apologize for inviting Hunka.

"The Speaker has to be above reproach," said NDP MP Peter Julian, the party's House leader. "This is an unforgivable error that puts the entire House in disrepute. Unfortunately, I believe a sacred trust has been broken."

WATCH | Joly says Rota should step down:

Mélanie Joly says Rota should step down as Speaker

1 year ago

Duration 0:20

Foreign Affairs Minister Mélanie Joly says House Speaker Anthony Rota's decision to honour Ukrainian who fought for a Nazi unit was 'completely unacceptable.'

On Tuesday morning, Minister of Fisheries, Oceans and the Canadian Coast Guard Diane Lebouthillier and Foreign Affairs Minister Mélanie Joly , among other ministers, told reporters they think Rota should resign. 

On his way into a cabinet meeting Tuesday, Prime Minister Justin Trudeau said he was sure the meeting with House leaders would involve "very important conversations."

"As I said yesterday, this was deeply embarrassing for the House and for Canada," Trudeau said. "It is a good thing that Speaker Rota apologized personally and I'm sure he's reflecting now on how to ensure the dignity of the House going forward."

Rota did not share invite with PMO: Speaker's office

The Speaker doesn't report to the Prime Minister's Office. While Rota is a Liberal MP, the Speaker is elected by all members of the House.

A spokesperson for the Speaker said Rota did not share his list of invitees with the Prime Minister's Office or any of the opposition parties before Friday's event.

The Speaker was allocated a set number of spots in the viewing gallery and the list of potential guests was shared with Parliament's Protocol Office, which co-ordinates the sending of invitations.

The names of confirmed guests were passed to the Corporate Security Office to "facilitate accreditation of guests," Amélie Crosson, the Speaker's communications director, said in a statement to CBC News.

"Mr. Hunka's son contacted Mr. Rota's constituency office and asked if it would be possible for Mr. Hunka to attend the address in the House of Commons by Mr. Zelensky. This request was accepted by the Speaker's Office," Crosson said.

A controversial figure

Czarnek is a controversial figure in Poland, with a history of coming under fire for making anti LGBTQ comments. According to the English language Polish news website Notes From Poland, last year he had to retract a statement linking the LGBTQ rights movement with Nazism.

Czarnek is a member of Poland's ruling Law and Justice party, along with Poland's right-wing president Andrzej Duda, who was re-elected last year on a platform condemning LGBT "ideology".

Czarnek also has been criticized for describing a memorial for Jews killed by Poles during the Holocaust as an "anti-Polish scandal" and calling for the removal of the memorial created by artist Dorota Nieznalska.

According to the Polish government website, Czarnek earned a PhD from the John Paul II Catholic University of Lublin in 2006.

In the fall of 2020, he was appointed minister of education and science, putting him in charge of  pre-school, general, special and vocational education in the country. He also oversees the approval of textbooks and issues related to the employment of teachers.