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

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

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

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  1. R. v. Helmut Oberlander(1995, 2002, 2012) Ryan Gibb – CLN4UI 2013

  2. Prelude • Helmut Oberlander was a Canadian citizen of Germandescent • Wasemployed by the Nazis during the Second World War • Waseventuallyaccused by the Canadian government of war crimes and stripped of hiscitizenship (3 times)

  3. Prelude • In 2012 after a 17 yearlegalbattlewasordereddeportedfrom Canada at the age of 88 • The case raisesethical issues about how long someonecanbeprosecuted for crimes participated in the past, whereevidenceisunclear or has been lost

  4. Prelude • It alsoraises questions of the fundamental issues of justices • Oberlander wassupposedydeported for lying, not for hisactualactivitiesduring the war - Should the Canadian governmentbeprosecuting Nazis almost 70 yearsafter the war?

  5. Background • Helmut Oberlander wasborn in the Ukraine in 1924 • FamilywasenthnicallyGerman • Part of the Soviet Union under Josef Stalin • Survivedseveral purges and famines • Nazi’seventuallyinvaded in 1941 during the Second World War

  6. Background • Hired by the Nazis at the age of 17 to become an interpreter • Workedwith the Einsatzkommando unit • Part of the Einsatzgruppen task forces • Elite unit which travelled along the Eastern Front as a killing squad

  7. Einsatzkommandounits in Poland in World War 2

  8. Background • At the end of the war, started an apprenticeship as a bricklayer • Marriedhiswife Margaret in 1950 • Applied to come to Canada in 1951 and arrived in 1954

  9. Background • Settled in Kitchener-Waterloo and startedhisowncompany in 1958 • Both Oberlander and hiswifeweregranted Canadian citizenship in 1960 • Weredescribed as model citizenstheirentirelives

  10. Investigation • Jan 25th 1995: The RCMP approached Oberlander to question him about hisactivitiesduring the war • Unclear of how the investigation wasinitiated or fromwhom

  11. Investigation • Based on findings, governmentaccusedhim of havingparticipated in Crimes AgainstHumanityduring the Second World War

  12. Proceedings • Oberlander wassummonedbefore the Canadian HumanRights Commission in 1998 • Supervised by Alan Rock, FederalMinister of Justice

  13. Proceedings • Citizenship and Immigration a federalresponsibility • Purposewas to determine the extent of Oberlandersrole in the war and with the unit to whichhewasattached

  14. Proceedings • Questions and factsbrought up at the hearing: • Oberlandersageduring the war • Conditions in the Ukraine • Fellowcollaborators • Disobeyingorders • Lack of records or evidence

  15. Key Issue • Did Oberlander lie about his participation in the war? • Canada specificallyforbadeallowing certain people to enter the country after the war • Oberlander insistedhoweverhewas not asked about his service whenheapplied to enter Canada

  16. Initial Ruling • Feb 28th, 2000: Judge Andrew Mackaycleared Oberlander of all accusations • No evidencehedirectly, or indirectlyparticipated in any crimes againsthumanity

  17. Initial Ruling • However, Mackay stateditwas *likely* Oberlander lied on his application to enter Canada • This wasbased on the balance of probabilities:

  18. Balance of Probabilities:- LegalTerm:- Criminal Trial, burden of proof is on the accuser- Must provebeyondreasonabledoubtsomeoneisguilty

  19. Civil Trial:- Lose a case because the otherside has strongerevidencethatyou do- Alsoknownas Prepondance of Evidence.

  20. Initial Ruling 2001: As a result of Mackay’sruling, Minister of Immigration, Elinor Caplan ordersOberlander’scitizenshiprevoked

  21. Ruling 2002: Oberland challenged the ruling: • Lack of evidencefrom the government • 1978 rules on revocation and deportation • Citizenshipreinstated in 2005

  22. Ruling 2008: Federal court judge Michael Phelan finds Oberlander entered Canada on false pretense • Oberlander knew of hisunitsactivities and purpose and shouldbedeported • Has citizenshipstrippedagain

  23. Ruling 2009 – Oberlander appealed • Statedhewasconscripted and had no choice but to serve with theNazis 2010 – Federalgovernmentdeniedhisappeal; - Oberlander does not meet the criteria for servingwhileunderduress

  24. Ruling Citizenshipwasrevoked a third time and as of December 2012 isawaitingdeportation back to Germany (News Story)

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