HOME

TheInfoList



OR:

Helmut Oberlander (15 February 1924 – 20 September 2021) was a naturalized Canadian citizen who was a member of the ''
Einsatzgruppen (, ; also 'task forces') were (SS) paramilitary death squads of Nazi Germany that were responsible for mass murder, primarily by shooting, during World War II (1939–1945) in German-occupied Europe. The had an integral role in the imp ...
''
death squad A death squad is an armed group whose primary activity is carrying out extrajudicial killings, massacres, or enforced disappearances as part of political repression, genocide, ethnic cleansing, or revolutionary terror. Except in rare cases in w ...
s of
Nazi Germany Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...
in the occupied
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
. Oberlander was on the
Simon Wiesenthal Center The Simon Wiesenthal Center (SWC) is a Jewish human rights organization established in 1977 by Rabbi Marvin Hier. The center is known for Holocaust research and remembrance, hunting Nazi war criminals, combating antisemitism, tolerance educati ...
's list of most wanted Nazi war criminals. Beginning in 1994, the
Government of Canada The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federation, federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes Minister of t ...
made several attempts to revoke Oberlander's citizenship on the basis of his misrepresenting his involvement with Nazi war crimes. In 2017, after the fourth attempt by the government to strip him of his citizenship, he lost his appeal, as the Federal Court found this revocation "reasonable", and in 2019 the
Federal Court of Appeal The Federal Court of Appeal () is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Admi ...
unanimously dismissed his motion to have his case re-opened. On 5 December 2019, the
Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
declined to hear Oberlander's appeal, clearing the way for his deportation. In early 2020, however, Oberlander was still in Canada and had filed a new appeal against his planned deportation. He later lost his appeal, which had him face a deportation hearing. On or about 19 March 2021, the lawyer representing Oberlander filed a
motion In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...
for a permanent
stay of proceedings A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place ...
against his client. The motion was denied by judge Denis Gascon who ruled that a permanent stay of immigration proceedings would be "premature" and called for an administrative review by the Immigration Department of the
Immigration and Refugee Board of Canada The Immigration and Refugee Board of Canada (or IRB; , CISR), established in 1989 by an Act of Parliament, is an independent administrative tribunal that is responsible for making decisions on immigration and refugee matters. As one of their resp ...
.


Early life

Oberlander was born on 15 February 1924 in Halbstadt, or Molochna Colony, a
Russian Mennonite The Russian Mennonites ( it. "Russia Mennonites", i.e., Mennonites of or from the Russian Empire are a group of Mennonites who are the descendants of Dutch and North German Anabaptists who settled in the Vistula delta in West Prussia for about ...
settlement in what is now
Zaporizhzhia Oblast Zaporizhzhia Oblast (), commonly referred to as Zaporizhzhia (), is an oblast (region) in south-east Ukraine. Its administrative centre is the city of Zaporizhzhia. The oblast covers an area of , and has a population of The oblast is an import ...
in
Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
, in 1924.


Wartime

As an ethnic German born and living in Ukraine (at the time part of the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
) during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, he was conscripted at the age of 17 and served as an
interpreter Interpreting is translation from a spoken or signed language into another language, usually in real time to facilitate live communication. It is distinguished from the translation of a written text, which can be more deliberative and make use o ...
for the ''Sonderkommando'' 10a (Sk 10a) which was part of ''Einsatzgruppe'' D when it entered
Soviet The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
Ukraine in 1941. He was also a member of the ''
Sicherheitsdienst ' (, "Security Service"), full title ' ("Security Service of the ''Reichsführer-SS''"), or SD, was the intelligence agency of the Schutzstaffel, SS and the Nazi Party in Nazi Germany. Established in 1931, the SD was the first Nazi intelligence ...
'' and ''
Sicherheitspolizei The often abbreviated as SiPo, is a German term meaning "security police". In the Nazi Germany, Nazi era, it referred to the state political and criminal investigation security agency, security agencies. It was made up by the combined forces of ...
'' — the counter-intelligence and security police of the SS. He said his duties were limited to listening to and translating Russian radio transmissions, acting as an interpreter during interactions between the military and the local population, and guarding of military supplies, although the testimony of other Sk 10a members contradicted this. The Federal Court of Canada, in ''Oberlander v. Canada (Attorney General)'', determined that Oberlander was part of the Sk 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 Sk 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 Sk 10a. 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 successful construction business and lived in Kitchener-Waterloo, Ontario. He became a Canadian citizen in 1960.


Investigation

The RCMP Security Service opened a file on Oberlander in 1963. In 1970, he lied to West German war crimes investigators, claiming not to have heard of ''Einsatzkommando'' 10a and that he was unaware of any executions of Jews by his unit. His was among 29 cases selected for "special attention" by a Commission of Inquiry on War Criminals because of "the seriousness of the allegations and the availability of evidence." In its 1986 final report, the Commission recommended criminal prosecution in Canadian courts for Nazi war criminals. Failing that, it recommended any who concealed their wartime activities when applying to immigrate to Canada be stripped of their citizenship and deported. On Oberlander in particular, the Commission concluded that he should never have been able to enter Canada and so should have his citizenship revoked.


Revocation of citizenship

On 28 April 1995, the
Government of Canada The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federation, federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes Minister of t ...
initiated a
denaturalization Denaturalization is the loss of citizenship against the will of the person concerned. Denaturalization is often applied to ethnic minorities and political dissidents. Denaturalization can be a penalty for actions considered criminal by the state ...
and
deportation Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or is under sen ...
process against Oberlander. Oberlander fled to
Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
, where he owned a condo. However, less than two weeks later, officials from the Office of Special Investigations approached him and threatened him with deportation charges if he remained in the United States. On 8 May 1995, Oberlander agreed to return to Canada to avoid prosecution in the United States. 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 crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s or any
crimes against humanity Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
. He might not have, however, disclosed his wartime record during his immigration interview in 1953 in
Karlsruhe Karlsruhe ( ; ; ; South Franconian German, South Franconian: ''Kallsruh'') is the List of cities in Baden-Württemberg by population, third-largest city of the States of Germany, German state of Baden-Württemberg, after its capital Stuttgart a ...
, Germany. The Government of Canada determined that withholding this information was sufficient reason to strip Oberlander of his Canadian citizenship. The German Canadian Congress and the Ukrainian Canadian Civil Liberties Association lobbied against this, arguing there was "no compelling evidence that there are any such people hiding in Canada," and 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. In October 2008, the government revoked Oberlander's citizenship. In November 2009 the
Federal Court of Appeal The Federal Court of Appeal () is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Admi ...
struck down this decision, thus reinstating his citizenship. In 2012, Oberlander was again stripped of his citizenship through an
Order in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...
of the Government of Canada. Oberlander appealed the 2012 order to the
Federal Court of Canada The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the Parliament of Canada, federal government's Canadi ...
, which the court rejected in 2015. 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. In July 2016, the
Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
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. In July 2017, the Government of Canada used an
Order in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...
to strip Oberlander of his Canadian citizenship for the fourth time. In September 2018, Federal Court judge Michael Phelan ruled that this fourth revocation was lawful. Only the
Federal Court of Appeal The Federal Court of Appeal () is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Admi ...
can hear an appeal of Phelan's decision and Oberlander did not have an automatic right to appeal the latest court decision but had to seek
leave to appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
. 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". On 25 April 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. The decision of the Appeal court was unanimous. On 5 December 2019, the
Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
declined to grant Oberlander's
leave to appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
the Federal Court decision, clearing the way for his deportation. In February 2020, however, Oberlander was still in Canada and had filed a new appeal against his planned deportation. In October 2020, he lost his appeal to the
Immigration and Refugee Board The Immigration and Refugee Board of Canada (or IRB; , CISR), established in 1989 by an Act of Parliament, is an independent administrative tribunal that is responsible for making decisions on immigration and refugee matters. As one of their resp ...
, and would move onto a deportation hearing. In April 2021, the Federal Court of Canada dismissed Oberlander's lawyers' attempt to halt deportation proceedings.


Death

Oberlander died at his home in
Waterloo, Ontario Waterloo is a city in the Canadian province of Ontario. It is one of three cities in the Regional Municipality of Waterloo (formerly Waterloo County, Ontario, Waterloo County). Waterloo is situated about west-southwest of Toronto, but it is n ...
, on 20 September 2021, at the age of 97.


See also

* Vladimir Katriuk * Walter Obodzinsky * Yaroslav Hunka *
Imre Finta Imre Finta (2 September 1912 – 1 December 2003) was the first person prosecuted under Canada's war crimes legislation. He was charged in 1987 and acquitted in 1990. Early life Finta was born in Kolozsvár (modern-day Cluj-Napoca, Romania). He s ...
* List of most-wanted Nazi war criminals * War criminals in Canada


References

{{DEFAULTSORT:Oberlander, Helmut 1924 births 2021 deaths Einsatzgruppen personnel Canadian construction businesspeople German emigrants to Canada 20th-century German translators Soviet people of German descent People from Zaporizhzhia Oblast Naturalized citizens of Canada Nazis who fled to Canada People who lost Canadian citizenship Reich Security Main Office personnel Conscription in Germany Ukrainian collaborators with Nazi Germany Canadian people of German-Russian descent Nazis deported from the United States Soviet emigrants to Canada Ukrainian emigrants to Canada Ukrainian war criminals