Helmut Oberlander

Helmut Oberlander (born 15 February 1924) is a former naturalized Canadian citizen who was a member of the Einsatzgruppen death squads of Nazi Germany in the occupied Soviet Union during World War II.[1] Oberlander is on the Simon Wiesenthal Center's list of most wanted Nazi war criminals.[2][3] Beginning in 1994, the Government of Canada made several attempts to revoke Oberlander's citizenship, on the basis of his having withheld or misrepresented his involvement with Nazi war crimes.[4]

Helmut Oberlander
Born (1924-02-15) 15 February 1924
Halbstadt, Ukraine, Soviet Union
AllegianceGermany
Service/branchEinsatzgruppen
Battles/warsWorld War II

In 2017, after the fourth attempt by the government to strip him of his citizenship, he lost his appeal, as the Federal Court of Canada found this revocation 'reasonable,'[5] and in 2019 the Federal Court of Appeal unanimously dismissed his motion to have his case re-opened.[6] On December 5, 2019, the Supreme Court of Canada declined to hear Oberlander's appeal, clearing the way for his deportation.[7] In early 2020, however, Oberlander was still in Canada and had in fact filed a new appeal against his planned deportation.[8][9]

Wartime

Oberlander was born in Halbstadt,[5] in Molochna Colony that was a Russian Mennonite settlement in what is now Zaporizhia Oblast in Ukraine. As an ethnic German born and living in Ukraine (at the time part of the Soviet Union) during World War II, he was conscripted into the German forces at the age of 17 to serve as an interpreter for the Einsatzkommando 10a which was part of Einsatzgruppe D[1] when it entered Soviet Ukraine in 1941. His duties included listening to and translating Russian radio transmissions, acting as an interpreter during interactions between the military and the local population, and the guarding of military supplies.

The Federal Court of Canada, in Oberlander v. Canada (Attorney General),[10] determined that Oberlander was part of the Ek 10a (which was part of Einsatzgruppe D) during World War II. The Federal Court of Canada characterized the group (Einsatzguppe D) as one of several death squads, responsible for killing more than two million people, most of whom were civilians and largely Jewish. According to the ruling, from 1941 to 1943 Oberlander served with Ek 10a as an interpreter and an auxiliary. In addition to interpreting, he was tasked with finding and protecting food and polishing boots. He lived, ate, travelled and worked full-time with the Ek 10a.[10] From 1943 to 1944, he served as an infantryman in the German army.

Life in Canada

Oberlander immigrated to Canada with his wife Margaret in 1954, where he ran a construction business and lived in Kitchener-Waterloo, Ontario. He became a Canadian citizen in 1960.[10] In 1995, the Government of Canada initiated a denaturalization and deportation process against him. On 28 February 2000, Judge Andrew MacKay reported his findings: he concluded that there is no evidence that Oberlander was involved, directly or indirectly, in committing any war crimes or any crimes against humanity. He might not have, however, disclosed his wartime record during his immigration interview in 1953 in Karlsruhe, Germany. The Government of Canada determined that withholding this information was sufficient reason to strip Oberlander of his Canadian citizenship. Andrew Telegdi, who was Oberlander's Member of Parliament, and who was at the time parliamentary secretary to the Minister of Citizenship of Immigration, resigned from that position in objection to this decision.[11]

Revocation of citizenship

In October 2008 the government revoked Oberlander's citizenship.[12] In November 2009 the Federal Court of Appeal struck down this decision, thus reinstating his citizenship.[2]

In 2012 Oberlander was again stripped of his citizenship through an Order in Council of the Government of Canada.[13] Oberlander appealed the 2012 order to the Federal Court of Canada, which the court rejected in 2015.[14] Oberlander then appealed the 2015 decision to the Canadian Federal Court of Appeal. In 2016 the court accepted his appeal, setting aside the government's 2012 Order in Council.[4] In July 2016, the Supreme Court of Canada denied the government's request for leave to appeal the decision. Consequently, in order to deport Oberlander for trial, the government must first prove that he was a willing participant in death squad activities due to a 2013 Supreme Court ruling that guilt by association is not sufficient grounds to be considered a war criminal.[15]

In July 2017 the Government of Canada used an Order in Council to strip Oberlander of his Canadian citizenship for the fourth time.[16][17] In September 2018, Federal Court judge Michael Phelan ruled that this fourth revocation was lawful. Only the Federal Court of Appeal can hear an appeal of Phelan's decision and Oberlander does not have an automatic right to appeal the latest court decision but must seek leave to appeal. A news report stated that he "faced increased risks of prosecution if ever deported to Germany, where he was once a citizen. In a change of policy, Germany is now trying former auxiliaries in their 90s for being accomplices in Nazi war crimes".[18] On April 25, 2019, the Federal Court of Appeal dismissed Oberlander's motion to have his case re-opened because of an alleged bias by Justice Michael Phelan in 2008.[19] The decision of the Appeal court was unanimous.[6] On December 5, 2019, the Supreme Court of Canada declined to grant Oberlander's leave to appeal the Federal Court decision, clearing the way for his deportation.[7]

In February 2020, however, Oberlander was still in Canada and had in fact filed a new appeal against his planned deportation.[8][9]

See also

References
  1. Petrou, Michael (31 October 2008). "War Criminals Old and New – The World Desk – Macleans.ca". Maclean's. Retrieved 9 September 2012.
  2. "Oberlander was not a Nazi: daughter". Toronto Star. Archived from the original on 9 September 2012. Retrieved 21 July 2012.
  3. "Three new names on Wiesenthal Center's most-wanted Nazi list have Canadian links". Jewish Telegraphic Agency. 20 April 2012. Archived from the original on 27 August 2012. Retrieved 21 July 2012.
  4. Quan, Douglas. "Ontario man fighting deportation over his role in Nazi death squad gets another reprieve from court". The National Post. Retrieved 12 March 2016.
  5. "Ex-Nazi interpreter Helmut Oberlander loses appeal to retain citizenship". CBC.
  6. Keung, Nicholas (25 April 2019). "Ex-Nazi death squad member loses fight to restore Canadian citizenship". Toronto Star. Retrieved 26 April 2019. The mere fact a judge was involved in an earlier decision and made findings adverse to a party does not, in and of itself, give rise to a reasonable apprehension of bias,” wrote Justice Richard Boivin in a unanimous decision on behalf of colleagues Donald Rennie and Yves De Montigny in closing the file.
  7. https://www.cbc.ca/news/canada/kitchener-waterloo/scoc-dismiss-appeal-2019-request-helmut-oberlander-1.5385186
  8. https://www.therecord.com/news/waterloo-region/2020/02/21/waterloo-s-helmut-oberlander-96-fights-deportation-over-nazi-service.html
  9. https://nationalpost.com/news/helmut-oberlander-is-too-frail-and-mentally-diminished-to-deport-over-wartime-nazi-past-his-lawyers-say
  10. "Oberlander v. Canada (Attorney General), 2009 FCA 330 (CanLII)". CanLII. Archived from the original on 27 January 2018. Retrieved 12 March 2016.
  11. Clark, Campbell. "Citizenship law overhaul to give courts more power". The Globe and Mail. Retrieved 12 March 2016.
  12. Freeze, Colin. "88-year-old accused war criminal again stripped of Canadian citizenship". The Globe and Mail. Retrieved 12 March 2016.
  13. "Helmut Oberlander stripped of Canadian citizenship again". therecord.com.
  14. Black, Debra. "Helmut Oberlander plans to fight after losing appeal of deportation order". The Toronto Star. Retrieved 12 March 2016.
  15. Shupac, Jodie (15 July 2016). "Jewish groups upset by Supreme Court's decision on Oberlander".
  16. "Former Nazi Helmut Oberlander stripped of citizenship again - The Star". thestar.com.
  17. http://www.cbc.ca/news/canada/kitchener-waterloo/helmut-oberlander-citizenship-stripped-fourth-time-1.4220666
  18. Outhit, Jeff (28 September 2018). "Court upholds decision to revoke Helmut Oberlander's citizenship". TheRecord.com.
  19. McQuigge, Michelle (25 April 2019). "Court dismisses latest Oberlander effort to fight stripping of citizenship". CBC News. Canadian press. Retrieved 26 April 2019.
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