The Life and Times of Hubert Brooks M.C. C.D. A Canadian Hero

Chapter 4: Military Awards and The Polish Medals Controversy

Section 4.5: WAR CLAIMS HEARINGS SUMMERSIDE, P.E.I Feb–May 1954

And there was just one more thing related to my war time activities.....

Brooks testified and made written submissions to the Canadian WAR CLAIMS commission in the period February to March 1954.

The Canadian government had set up a hardship "award" for maltreatment suffered by recognized enemy authorities during World War II. Basically Brooks claimed that he should be awarded hardship award for the various events which occurred in the German POW camps and work camps as well as while he was fighting for the Polish Home Army.

File number 4552 AA was assigned and summarizes both the submissions and the judges' rulings. Notable was Brooks 20 point written submission FILE No. 4552 AA Appendix "A" STATEMENT REFERENCES ESCAPES AND MALTREATMENT OF F/L H Brooks (FORMERLY SGT BROOKS CAN R-56265) WHILST POW ^{Ref: 4.2} .

War Claims Deputy Commissioner C. St Clair Trainor was the presiding judge and Brooks ultimately appealed his case to His Honor Thane A. Campbell, Chief War Claims Commissioner.

Judge Trainor's March 3^rd 1954 initial written ruling (Report of the Deputy Commissioner Case 4452AA) states:
" .. I cannot find in the War Claims Rules any support for the making of an award (for time spent during an escape). The Rules clearly embrace only maltreatment suffered at the hands of the enemy authorities and they cannot be construed to apply to sufferings undergone by those who have escaped but which were not inflicted by enemy authorities. The risk of these latter sufferings was accepted by the escapees either in the hope of returning to home and freedom or in the fulfillment of their duty of escaping when possible. In neither case could the hardship and suffering endured by an escapee be charged to the unlawful conduct of the enemy."

Although Brooks was not successful in convincing the Commission of the maltreatment suffered during his escapes and whilst fighting with the Polish partisans he obtained a partial victory with the following award.

Brooks was awarded $557.20 for his 378 days in actual German custody. This was broken down into 20 cents per day for the 1,033 days from his capture until his identity was verified by the Russians, 80 cents a day for each total day that he was interrogated by the Gestapo for $1.60; and an award of $350 for the unusually severe maltreatment of the beatings following recapture, 14 day bread and water punishment, and for the refusal of medical treatment eventually at a later date leading to an operation to remove a gland in his left groin.

The Life and Times of Hubert Brooks M.C. C.D.