R. v. Helmut Oberlander(1995, 2002, 2012)

Ryan Gibb – CLN4UI 2013

Prelude

• Helmut Oberlander was a Canadian citizen of German descent

• Was employed by the Nazis during the Second World War

• Was eventually accused by the Canadian government of war crimes and stripped of his citizenship (3 times)

Prelude

• In 2012 after a 17 year legal battle was ordered deported from Canada at the age of 88

• The case raises ethical issues about how long someone can be prosecuted for crimes participated in the past, where evidence is unclear or has been lost

Prelude

• It also raises questions of the fundamental issues of justices– Oberlander was supposedy deported

for lying, not for his actual activities during the war

- Should the Canadian government be prosecuting Nazis almost 70 years after the war?

Background

• Helmut Oberlander was born in the Ukraine in 1924

• Family was enthnically German• Part of the Soviet Union under Josef Stalin• Survived several purges and famines• Nazi’s eventually invaded in 1941 during

the Second World War

Background

• Hired by the Nazis at the age of 17 to become an interpreter

• Worked with the Einsatzkommando unit• Part of the Einsatzgruppen task forces• Elite unit which travelled along the Eastern

Front as a killing squad

Einsatzkommando units in Poland in World War 2

Background

• At the end of the war, started an apprenticeship as a bricklayer

• Married his wife Margaret in 1950• Applied to come to Canada in 1951 and

arrived in 1954

Background

• Settled in Kitchener-Waterloo and started his own company in 1958

• Both Oberlander and his wife were granted Canadian citizenship in 1960

• Were described as model citizens their entire lives

• Jan 25th 1995: The RCMP approached Oberlander to question him about his activities during the war

• Unclear of how the investigation was initiated or from whom

Investigation

• Based on findings, government accused him of having participated in Crimes Against Humanity during the Second World War

Investigation

• Oberlander was summoned before the Canadian Human Rights Commission in 1998

• Supervised by Alan Rock, Federal Minister of Justice

Proceedings

• Citizenship and Immigration a federal responsibility

• Purpose was to determine the extent of Oberlanders role in the war and with the unit to which he was attached

Proceedings

• Questions and facts brought up at the hearing:

• Oberlanders age during the war• Conditions in the Ukraine• Fellow collaborators• Disobeying orders• Lack of records or evidence

Proceedings

• Did Oberlander lie about his participation in the war?

• Canada specifically forbade allowing certain people to enter the country after the war

• Oberlander insisted however he was not asked about his service when he applied to enter Canada

Key Issue

• Feb 28th, 2000: Judge Andrew Mackay cleared Oberlander of all accusations

• No evidence he directly, or indirectly participated in any crimes against humanity

Initial Ruling

- However, Mackay stated it was *likely* Oberlander lied on his application to enter Canada

- This was based on the balance of probabilities:

Initial Ruling

Balance of Probabilities:

- Legal Term:- Criminal Trial, burden of proof is on the accuser- Must prove beyond reasonable

doubt someone is guilty

Civil Trial:

- Lose a case because the other side has stronger evidence that you do

- Also known as Prepondance of Evidence.

2001: As a result of Mackay’s ruling, Minister of Immigration, Elinor Caplan orders Oberlander’s citizenship revoked

Initial Ruling

2002: Oberland challenged the ruling:

- Lack of evidence from the government

- 1978 rules on revocation and deportation

- Citizenship reinstated in 2005

Ruling

2008: Federal court judge Michael Phelan finds Oberlander entered Canada on false pretense

- Oberlander knew of his units activities and purpose and should be deported

- Has citizenship stripped again

Ruling

2009 – Oberlander appealed- Stated he was conscripted

and had no choice but to serve with the Nazis

2010 – Federal government denied his appeal;

- Oberlander does not meet the criteria for serving while

under duress 

Ruling

Citizenship was revoked a third time and as of December 2012 is awaiting deportation back to Germany

(News Story)

Ruling