Deutschkanadischer Kongress  
German Canadian Congress - Ontario

 

Letters, relating to the Oberlander Case: -  Briefe, betreffend zum Fall Oberlander:

There are many letters that have been written relating to the Oberlander Case; We are trying to post as many as possible:

3. August 2001

The Right Hon. Jean Chretien
Prime Minister of Canada

House of Commons
Ottawa, ON

Dear Sir:

I  wish to register my anger, disappointment and sadness at the Cabinet’s decision to strip Mr. Helmut Oberlander of his citizenship.

In my letter addressed to you dated 10 May 2001 I stated that this case is not about Nazi atrocities but about a complete lack of proof against a Canadian citizen.  For your information, I have enclosed a copy of an article which appeared in the Kitchener-Waterloo Record on 31 July 2001.  The writer, a witness in the Oberlander trial, pointed out quite correctly that the circumstances surrounding his entry into Canada in 1954 can never be verified with any degree of certainty.  Mr. Oberlander was not found guilty of committing any war crime and despite the “balance of probabilities” argument used in civil cases; there is absolutely no proof that he lied to gain entry into Canada.

As you are aware, Mr. Oberlander was 17 years old when he was forced to join the infamous Einsatzkommando as an interpreter.  Like many young German males at that time he had no choice in the matter.  Had he refused, he would almost certainly have been shot.  Would we, in the same circumstances, have acted any differently?

Mr. Oberlander has, to my knowledge, been a hard working productive and generous citizen for almost 50 years.  To deport him back to his homeland at the age of 77 when he has committed no crime simply belies all standards of reason and justice.

To revoke Mr. Oberlander’s citizenship on the basis of what may have happened 47 years ago at the point of immigration is unwarranted and clearly wrong.  There is absolutely no way of knowing for certain what happened on that particular occasion.

Accordingly, and with the greatest respect, I would urge you to reconsider the course of action you are following and grant clemency in this tragic case.  Deporting Mr. Oberlander given the spurious and controvertible nature of the evidence would be a callous and vindictive act.

I look forward to a reply at your convenience.

Yours sincerely,

David A. Crow, CD,
Air Canada Captain (Retired)  

 

20 August 2001

The Hon. Elinor Caplan
Minister of Citizenship and Immigration

House of Commons
Ottawa, ON

Dear Minister,

I wish to express my anger and, I regret to say, disgust at your decision to strip Mr. Helmut Oberlander of his citizenship, I lived through the Second World War in England and am fully aware of the hideous nature of Nazi atrocities, however, this case has nothing to do with war crimes since Mr. Oberlander was not found guilty of committing any war crime.  It has to do with the “probability” that he lied to immigration officials when he came to this country in 1954.  There is absolutely no way of ascertaining what happened at the point of entry 47 years ago.  To strip someone of his or her citizenship based on pure speculation is not justice.  It is a callous and morally indefensible act.

There is no doubt that Mr. Oberlander was forced to serve as an interpreter in the infamous Einsatzkommando but he was 17 years old.  Had he refused he would, most certainly, have been shot.  Would any of us, in the same circumstances, have acted any differently?  I think not. 

To my knowledge, Mr. Oberlander is well liked in the community and has been a generous, hardworking and productive citizen since coming to this country.  His family is now under severe stress and he is 77 years old.  I have written to the Prime Minister on two occasions asking that Cabinet reconsider its decision in this tragic affair.  If it revokes Mr. Oberlander’s citizenship on such feeble and spurious evidence then it will be party to one of the gravest miscarriages of justice in Canadian history.

Yours sincerely,

David A. Crow, CD,
Air Canada Captain (Retired)  

John H. Reimer wrote!

Quote:

The Record, March 14, 2000

I commend the Record for its courageous and well-argued March 1 editorial concerning Helmut Oberlander.

Oberlander must be allowed to remain in Canada as a valued citizen. The courts have admitted that there is no evidence of criminal wrongdoing or war crimes.  The tragedy is Oberlander is not only assumed by some as guilty by association, but also, by an injustice of the courts, he has been declared guilty based on a balance of probabilities regarding his immigration hearings 40 years ago.

Canadians should be outraged that on a “balance of probabilities” one can overturn a fundamental Canadian human right of “innocent unless proven guilty”. If we, and the federal government, allow this to happen, no Canadian will ever be safe from arbitrary injustice.

Our federal government must allow Oberlander to remain as a citizen of Canada, but should also apologize to him and his family for this gross miscarriage of justice.

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Peter Bufe wrote!

Quote: 

26 Aug 2001

" Justice or Persecution? "

On August 12, 2001 the federal cabinet revoked  Mr. Oberlander's
citizenship - WHY?

When the government started to use the immigration act to prosecute
alleged war criminals, it claimed it would not misuse this
approach, and only true war criminals would face loss of citizenship & deportation.

Justice McKay found that Mr. Oberlander was not a war criminal.  His
findings that Mr. Oberlander lied about his wartime service, and that he was a member of Einsatzkommando 10, are not borne out by his own summing up and do not pass the test of probability. See Justice Salhanys letter of opinion - posted on Andrew Telegdi's
website (http://www.kw.igs.net/~andrew/salhany.htm), and Minister of Immigration vs. Oberlander 
The government should  reject - in view of the grave doubts that have been raised regarding Justice McKay's findings -
the request by the Canadian Jewish Congress to deport Mr. Oberlander as soon as possible.

Huguette Shouldice, a spokeswoman for the Ministry of Citizenship and Immigration said that the department would not wait for a judicial review requested by Mr. Oberlander's lawyer to be
completed. "We do not have to wait for the decision of the judicial review".  May I suggest that they should nevertheless do just that, so justice may be seen to be done.

The CJC says that Mr. Oberlander, and others, should nevertheless be
treated as war criminals since,  in the words of Mr. Farber in an earlier letter, and Mr. Bialystok in to-days Kitchener-Waterloo Record,  they were "Enablers" who indirectly
helped in the killing of Jews. Just where does this leave the members of the Jewish councils who, on
behalf of the Gestapo, selected and organized the deportation of Jews to concentration camps?


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Manfred Schwann wrote!

Quote:

Revoking of Helmut Oberlander’s Citizenship

How much is Canadian Citizenship worth?  Obviously, not very much if it can be revoked by a Minister of Citizenship that bases her decision solely on speculation derived on the “probability” guess of a judge!  Without prejudice, we ask?

  Now we find that a judge’s decision is based on guessing!  Why would judge MacKay’s “probability” theory carry so much weight, since the information in question is, after all, superfluous?  Mr. Oberlander supposedly had concealed his military record at immigration time?  Was such kind of data really required at his immigration time?  And if – so what!  Why should it matter?  Did this judge not really know that?  Did the members of cabinet – who voted Mr. Oberlander out – in their wisdom also not know and consider that?  Something smells awful here.  We are asking:  Is there no one in Ottawa who speaks out when a person’s highly valued basic human rights are violated – in our own country?  Is it perhaps because this person is of GERMAN ANCESTRY?  Is the Government implicitly out to “get him”?  Why then?

In exercising our democratic rights, we – as members of the German-Canadian Club Harmonie of Wasaga Beach – are herewith voicing our objection against this terrible violation of Mr. Oberlander’s human rights.  We find the Government’s way and action of revoking the citizenship of this blameless citizen very deplorable.  It should never have happened, in all fairness. 

Manfred Schwan, President
German-Canadian Club Harmonie of Wasaga Beach, 1997

Emd of Quote:


Mr. Ralph G.Lassel wrote !

Quote:

March 9, 2000
As a Canadian citizen and as a former resident of Kitchener-Waterloo, I was dismayed to read in "THE RECORD online," that based on Justice Andrew MacKay's findings in the case of Helmut Oberlander of Waterloo, Ontario, that the Federal Cabinet could nevertheless issue an order-in-council to revoke Mr. Oberlander's citizenship. I believe, justice would not be served, were this to occur.

The facts in the case of Mr. Oberlander show that there is not now, nor has there ever been, any evidence of Mr. Oberlander being involved in any criminal activity. In fact, in his ruling, Justice MacKay states that the government's facts and evidence "do not include any reference to personal commission by the respondent of atrocities or war crimes or his personal involvement in the execution of civilians or in criminal activities. Nor does it include any reference to his involvement in aiding and abetting others in the commission of criminal activities."

I would further note, that Mr. Oberlander has admitted his role as being a forcibly conscripted interpreter for the German forces during the Second World War. There is no evidence that Mr. Oberlander misrepresented or concealed information about his involvement with the German forces neither when he applied to come to Canada in 1952, nor when obtaining his citizenship in 1960.

I would respectfully suggest, that justice would not be served by revoking Mr. Oberlander's citizenship, simply because of his association with the Einsatzkommando police unit of the German occupying forces, nor simply because of Justice MacKay's speculation that Mr. Oberlander concealed his involvement with the Einsatzkommando.

I implore the Minister to look at the facts of this case and conclude that justice would best be served by letting Mr. Oberlander stay in Canada.

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Roland E. Mechler wrote!

Quote: 

March 4, 2000

The Editor, The Record

I have found the last week rather disconcerting, reading about the case of Helmut Oberlander.  A very dangerous precedent is being set and the entire Canadian community needs to become incensed.

Helmut Oberlander has been tried in Germany and found not guilty of involvement in war crimes.  Ottawa had also initially claimed that there was no evidence that he had committed any war crimes.  This initial claim was once again supported this week by Justice Andrew MacKay who found no evidence that Oberlander participated in any Second World War atrocities.  Yet Oberlander is to be stripped of his citizenship and sent out of the country. 

Oberlander claims that he never met with the RCMP when he came to Canada and was never asked about his record with the German forces, a contention that was backed up at his trial by other German immigrants who also claimed to have only met with immigration officials.  Yet based only on what Justice Andrew MacKay termed the “balance of probabilities”, Oberlander must have met with an RCMP security officer, who must have asked him about his criminal war record.

Based on the balance of probabilities, Oberlander is to be deported.  This is a dangerous ruling that should scare not only the German-Canadian community, but also all Canadians.  I find it incredibly ironic that the Canadian Jewish Congress “applauded the decision”.  Surely they must see that such a threat to the civil liberties of Canadians sets a dangerous precedent and especially threatens ethnic groups such as the one they represent.  Surely they must realize that we have no certainty of who or what our leaders of tomorrow will be.  By setting the precedent of deporting innocent people, based not on evidence, but rather probabilities, we are equipping the government with a powerful weapon for misuse. 

End of Quote:


Marsha Skrypuch wrote!

Quote:

Dear Sir,

Regarding Tuesday’s article, “Accused of German war crimes, Kitchener senior faces deportation.” This case and others like it are very troubling on a number of levels. On the face of it, one would think that Canada-the-good has hunted down a war criminal. However, if you take a closer look, nothing could be further from the truth. This 76 year old man’s “crime” is that as a youth of 17, during World War II, he was conscripted by the German army and forced to be a translator. No evidence of any war crimes has been brought forth. The Canadian government has decided to strip this man of his Canadian citizenship and deport him. Why? Because there is a chance that he may have lied in order to get into Canada 40 years ago. There is no proof that he lied, just the chance that he may have.  If this man is actually a criminal, then he should be tried in Canadian courts with Canadian justice. If no case can be made, then the whole thing should be dropped. Why is our federal government spending millions of dollars to target and persecute old men?  Canada is a country of immigrants. If this man’s citizenship can be revoked on a whim after 40 years of living as an upstanding Canadian, and with no evidence of wrongdoing, who is next on the witch hunt list?

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John Guderian wrote!

Quote:

March 4, 2000

The Editor, The Record

Helmut Oberlander was never a war criminal; he was a victim of war.  As a 17 year old he was forced by invading German forces to act as an interpreter.  This could not have been a pleasant experience.

Oberlander has contributed significantly to our community.  As one of his neighbours, I can attest that he is a kind and honourable man.

Why does the Canadian Jewish Congress demand the deportation of someone who is clearly innocent?  I would have thought the Jewish community, which has been persecuted throughout history, would be sympathetic to the plight of the innocent and would take care to ensure a man is not punished only because of his association with a certain group.I understand the desire for retribution, but it is wrong to take revenge on an innocent man.

End of Quote:


Walter Halchuk wrote!

Quote:

The Record, March 7, 2000

Helmut Oberlander has been subjected to a modern day witch-hunt.  The judge recognised there was no evidence that Oberlander was personally involved in war crimes.Yet, Justice Andrew MacKay decided Oberlander must have lied to get into Canada.  As a former serviceman, I find MacKay’s findings most unsettling.  Probable guilt is not sufficient or just cause.  Canada should have prosecuted war criminals years ago; millions of people suffered unmercifully and those responsible should indeed be brought to justice.  This does not warrant the miscarriage of justice today.  I salute those striving for justice, not merely the appearance of justice in Canada.

End of Quote:


Mike Katsirdakis wrote!

Quote:

To the Editor, March 11, 2000

I can't sleep anymore thinking about Helmut Oberlander.  My conscience bothers me.  I am horrified. What has happened to my adopted country? Have we sunk so low that we are ready to ruin an innocent man, because of the "balance of probabilities"?

How much is Canadian citizenship really worth if it can be lost after fifty years, against all evidence, just to satisfy a pressure group, hell-bent on taking revenge on a 17 year old boy?

Even if Oberlander is guilty, let it go. Let the first person among us, willing to account for his sins at 17  cast the first stone

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