Ottawa Citizen

Court allows delay of deportatio­n of ex-Nazi

- Colin Perkel

TORONTO • It will likely take at least a few more weeks before the federal government can go ahead and strip an elderly man of his Canadian citizenshi­p for lying about his Second World War activities with a Nazi death squad.

Last week, a Federal Court judge paved the way for Canada to deport 94-year-old Helmut Oberlander after finding the government had been reasonable in taking his citizenshi­p — but later put his ruling on hold.

Judge Michael Phelan stayed his ruling to give Oberlander’s lawyers 10 days to ask the court to certify what’s known as an appeal question — a key step in seeking to have the Federal Court of Appeal potentiall­y hear the case.

“It is ordered that the operation of the judgment of Sept. 27, 2018, is stayed and the judgment reopened to permit the parties to make submission­s,” Phelan said in his direction.

The government would then have a week to respond before Phelan makes a decision on the appeal question, and his judgment becomes final and the stay lifts, paving the way for Canada to try to deport Oberlander, of Waterloo, Ont.

Neither Oberlander’s lawyer, his daughter, who has defended her father as a victim of circumstan­ce, nor the government’s lawyer was immediatel­y available to comment.

David Matas, who represente­d the Jewish organizati­on B’nai Brith at the Federal Court case, said on Tuesday that any appeal wouldn’t automatica­lly suspend Phelan’s judgment.

“Our position as B’nai Brith is that they should seek to remove him, obviously if there’s no appeal, but even if there is an appeal, they should seek to remove him pending the appeal unless he gets a judicial stay,” Matas said.

In June 2017, the government revoked the retired businessma­n’s citizenshi­p for the fourth time since the mid-1990s, prompting his current effort to turn to the courts in a bid to stave off deportatio­n. To date, however, Oberlander has succeeded three times in challengin­g the government, creating precedents in the process.

In his judgment, Phelan said it was reasonable Oberlander lose his Canadian citizenshi­p for misreprese­nting his wartime activities.

The Ukraine-born Oberlander, who came to Canada in the 1950s, has steadfastl­y maintained he was just 17 when forced on pain of execution to join the Nazi death squad Einsatzkom­mando 10a, known as Ek 10a. The squad was responsibl­e for killing close to 100,000 people, mostly Jewish.

Oberlander has argued he served as an interprete­r from 1941 to 1943, performed only mundane duties, and never took part in any killings. Phelan, who said there was no doubt Oberlander had obtained his Canadian citizenshi­p by covering up his membership in the unit, also said there was no evidence he took part in any atrocities but knew they were happening.

 ?? THE CANADIAN PRESS FILES ?? Helmut Oberlander, pictured in 2003 with wife Margret and daughter Irene Rooney, obtained Canadian citizenshi­p by covering up his membership in a Nazi death squad, according to a judge. There is no evidence Oberlander took part in any atrocities but he knew of them, the judge said.
THE CANADIAN PRESS FILES Helmut Oberlander, pictured in 2003 with wife Margret and daughter Irene Rooney, obtained Canadian citizenshi­p by covering up his membership in a Nazi death squad, according to a judge. There is no evidence Oberlander took part in any atrocities but he knew of them, the judge said.

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