Helmut Oberlander
Encyclopedia
Helmut Oberlander is a Canadian citizen who has been at the center of a Canadian government process regarding his Canadian citizenship. As an ethnic German born and living in Ukraine
during World War II
, he was conscripted
into the German forces at the age of 17 to serve as an interpreter for the EK10A (Einsatzkommando
) when they entered 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.
After immigrating to Canada
with his wife Margaret in 1954, he ran a construction
business and lived in Kitchener-Waterloo
, Ontario
. He became a Canadian citizen in 1960. In 1995 the Government of Canada
initiated a denaturalization and deportation
process against him. On February 28, 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
s or any crimes against humanity
. However he might not have disclosed his wartime record during his immigration interview in 1953 in Karlsruhe
, Germany
. The Canadian government determined that withholding this information was sufficient reason to strip Oberlander of his Canadian Citizenship. Andrew Telegdi
who was Helmut 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, arguing that the issue of deportation should be one decided by the courts; not by parliament.
In October 2008, the government revoked his citizenship.
In November 2009 the Federal Court of Appeal
struck down this decision thus reinstating his citizenship.
His supporters say that he was not a German citizen during World War II, a Nazi Party member or ever politically active, and never attained a rank which put him in a position to affect the actions of his unit or direct any of its wartime activities. They say that Oberlander was just a 17-year old student when he was forced by threat of death to serve as an interpreter for German occupation units in Ukraine in 1941. They state that the judicial finding that he failed to disclose his wartime record when applying for immigration to Canada was based on the balance of probabilities and that he was not likely to have been asked. They also show that Oberlander has been a model citizen since coming to Canada in 1954, and that his removal or stripping of citizenship serves only partisan
political purposes and unfairly targets an innocent man.
Oberlander's critics say that even though his contributions to the German forces were minor, the government was justified in proceeding against him because the unit he was conscripted into committed war crimes. Wartime documents show that Oberlander was an ethnic German from the vicinity of Halbstadt
in Ukraine, and served in the SD
(the Security Service of the SS
) from 1941 until 1943. The unit in which he served, Detachment 10a of Einsatzgruppe D, was composed of 100 to 120 men and was responsible for annihilating persons in its areas of operation who were considered "undesirable" by the Nazi regime, particularly the Jewish, Sinti
and Roma (so-called Gypsy) inhabitants. There is no evidence that Oberlander participated or was present at any war crimes.
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he was conscripted
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
into the German forces at the age of 17 to serve as an interpreter for the EK10A (Einsatzkommando
Einsatzkommando
During World War II, the Nazi German Einsatzkommandos were a sub-group of five Einsatzgruppen mobile killing squads—up to 3,000 men each—usually composed of 500-1,000 functionaries of the SS and Gestapo, whose mission was to kill Jews, Romani, communists and the NKVD collaborators in the captured...
) when they entered 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.
After immigrating to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
with his wife Margaret in 1954, he ran a construction
Construction
In the fields of architecture and civil engineering, construction is a process that consists of the building or assembling of infrastructure. Far from being a single activity, large scale construction is a feat of human multitasking...
business and lived in Kitchener-Waterloo
Regional Municipality of Waterloo
The Regional Municipality of Waterloo is a regional municipality located in Southern Ontario, Canada. It consists of the cities of Kitchener, Cambridge, and Waterloo, and the townships of Wellesley, Woolwich, Wilmot, and North Dumfries. It is often referred to as the Region of Waterloo or just...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
. He became a Canadian citizen in 1960. In 1995 the Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
initiated a denaturalization and deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
process against him. On February 28, 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
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s or any crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
. However he might not have disclosed his wartime record during his immigration interview in 1953 in Karlsruhe
Karlsruhe
The City of Karlsruhe is a city in the southwest of Germany, in the state of Baden-Württemberg, located near the French-German border.Karlsruhe was founded in 1715 as Karlsruhe Palace, when Germany was a series of principalities and city states...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. The Canadian government determined that withholding this information was sufficient reason to strip Oberlander of his Canadian Citizenship. Andrew Telegdi
Andrew Telegdi
Andrew Telegdi, PC is a Canadian politician. He was a Liberal Member of Parliament in the Canadian House of Commons from 1993 to 2008, representing Waterloo and the successor riding of Kitchener—Waterloo....
who was Helmut Oberlander's Member of Parliament, and who was at the time parliamentary secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
to the Minister of Citizenship of Immigration
Minister of Citizenship and Immigration (Canada)
The Minister of Citizenship and Immigration is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government department responsible for immigration, refugee and citizenship issues, Citizenship and Immigration Canada...
resigned from that position in objection to this decision, arguing that the issue of deportation should be one decided by the courts; not by parliament.
In October 2008, the government revoked his citizenship.
In November 2009 the Federal Court of Appeal
Federal Court of Appeal (Canada)
The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...
struck down this decision thus reinstating his citizenship.
His supporters say that he was not a German citizen during World War II, a Nazi Party member or ever politically active, and never attained a rank which put him in a position to affect the actions of his unit or direct any of its wartime activities. They say that Oberlander was just a 17-year old student when he was forced by threat of death to serve as an interpreter for German occupation units in Ukraine in 1941. They state that the judicial finding that he failed to disclose his wartime record when applying for immigration to Canada was based on the balance of probabilities and that he was not likely to have been asked. They also show that Oberlander has been a model citizen since coming to Canada in 1954, and that his removal or stripping of citizenship serves only partisan
Partisan (political)
In politics, a partisan is a committed member of a political party. In multi-party systems, the term is widely understood to carry a negative connotation - referring to those who wholly support their party's policies and are perhaps even reluctant to acknowledge correctness on the part of their...
political purposes and unfairly targets an innocent man.
Oberlander's critics say that even though his contributions to the German forces were minor, the government was justified in proceeding against him because the unit he was conscripted into committed war crimes. Wartime documents show that Oberlander was an ethnic German from the vicinity of Halbstadt
Halbstadt
Halbstadt is German for 'half-city'. It may refer to:* Meziměstí, , a town in the Hradec Králové Region of the Czech Republic* Molotschna, , a Russian Mennonite settlement in Zaporizhia Oblast, Ukraine...
in Ukraine, and served in the SD
Sicherheitsdienst
Sicherheitsdienst , full title Sicherheitsdienst des Reichsführers-SS, or SD, was the intelligence agency of the SS and the Nazi Party in Nazi Germany. The organization was the first Nazi Party intelligence organization to be established and was often considered a "sister organization" with the...
(the Security Service of the SS
Schutzstaffel
The Schutzstaffel |Sig runes]]) was a major paramilitary organization under Adolf Hitler and the Nazi Party. Built upon the Nazi ideology, the SS under Heinrich Himmler's command was responsible for many of the crimes against humanity during World War II...
) from 1941 until 1943. The unit in which he served, Detachment 10a of Einsatzgruppe D, was composed of 100 to 120 men and was responsible for annihilating persons in its areas of operation who were considered "undesirable" by the Nazi regime, particularly the Jewish, Sinti
Sinti
Sinti or Sinta or Sinte is the name of a Romani or Gypsy population in Europe. Traditionally nomadic, today only a small percentage of the group remains unsettled...
and Roma (so-called Gypsy) inhabitants. There is no evidence that Oberlander participated or was present at any war crimes.