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
Investigation
• 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
Proceedings
• 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
Key Issue
• 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
Initial Ruling
• 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:
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.
Initial Ruling
2001: As a result of Mackay’s ruling,
Minister of Immigration, Elinor
Caplan orders Oberlander’s
citizenship revoked
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)