r. v. helmut oberlander (1995, 2002, 2012)
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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 - PowerPoint PPT PresentationTRANSCRIPT
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