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Nazi era collaborators stripped of citizenship

ohara
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Joined: Jan 20 2005
 

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ohara
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Joined: Jan 20 2005

Ward
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Joined: Jan 6 2006
Ohara, where does your passion come from?

Lard Tunderin Jeezus
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Joined: Aug 27 2001
May we be as (or more) diligent with more recent war crimes.

ohara
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Joined: Jan 20 2005
Amen Lard, hopefully more diligent, this took 50 years too long.

And as for my passion, I credit my dear parents whose committment to social justice knew no bounds.


mimeguy
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Joined: Jul 27 2005
From Canada's Crimes Against Humanity and War Crimes Program
http://www.justice.gc.ca/en/ps/wc/dr-rd.html

quote:Regimes Designated Pursuant to 35(1)(b) of the Immigration and Refugee Protection Act
Section 35(1)(b) of the Immigration and Refugee Protection Act gives the Canadian government the authority to designate governments considered to have engaged in gross human rights violations, war crimes or crimes against humanity. Senior officials of those regimes, including senior diplomats and senior military officers, are considered complicit in war crimes or crimes against humanity.

designated 16 June 1993, extended on August 15, 1997: the Bosnian Serb regime between 27 March 1992 until 10 October 1996;
designated 12 October 1993: the Siad Barrй regime in Somalia between 1969 and 1991;
designated 8 April 1994: the former military governments in Haiti between 1971 and 1986, and between 1991 and 1994, except the period August-December 1993;
designated 21 October 1994: the former Marxist regimes of Afghanistan between 1978 and 1992;
designated 3 September 1996, amended 9 September, 2004: the governments of Ahmed Hassan Al-Bakr and Saddam Hussein in power from 1968 to May 22, 2003.
designated 27 April 1998: the Government of Rwanda under President Habyarimana between October 1990 and April 1994, as well as the interim government in power between April 1994 and July 1994;
designated 30 June 1999, amended March 14, 2001: the Governments of Federal Republic of Yugoslavia and the Republic of Serbia (Milosevic) between February 28, 1998, and October 7, 2000;
designated 14 March 2001, amended 9 September 2004: the Taliban regime in Afghanistan from September 27, 1996 to December 22, 2001.
designated November 21, 2003: the government of Ethiopia under Mengistu Haile Mariam, covering the period of September 12, 1974 to May 21, 1991.

It is interesting how short this list is. There is not one mention of Southern/central American countries such as the Pinochet, Somoza, Batista, regimes etc. Is this a question of funding? A question of the respective communities having no clear voice in Canadian society? Canada needs to have a strong neutral voice that can observe and take in complaints regardless of how large or vocal a community is within Canada and regardless of how much "media" attention a conflict received. Canada must also be able to include Canadian personnel and citizens in a separate section (outside of the immigration act) for obvious reasons. The "Complicity" definition below brings Canadian military and police training of the Haitian National Police and support of the Interim Government's campaign against Lavalas into question as training personnel do not have to be directly involved in the crime but simply aware of and have knowledge of its occurrence.

Department of Justice definitions for the purpose of the war crimes program. (WW2 has a separate section.)

Crimes against Humanity --
Includes crimes such as murder, extermination, enslavement, torture and any other inhumane act committed against civilians, in a widespread or systematic manner, whether or not the country is in a state of war, and regardless if the act is in violation of the territorial law in force at the time. The acts may have been committed by state officials or private individuals, and against their own nationals or nationals of other states.

Genocide
The deliberate and systematic destruction, in whole or in part, of a national, ethnic, racial or religious group, whether committed in times of peace or in times of war, by state officials or private individuals.

War Crimes
Criminal acts committed during international armed conflicts (war between states) and civil wars, which violate the rules of war as defined by international law. These acts include the ill-treatment of civilian populations within occupied territories, the violation and exploitation of individuals and private property, and the torture and execution of prisoners.

Complicity
Active membership in the organization responsible for committing proscribed atrocities is not required. Generally, a person can be considered "complicit" if, while aware of the acts committed, the person contributes, directly or indirectly, to their occurrence. Membership in an organization responsible for committing the atrocities can be sufficient to establish complicity if the organization in question is one with a limited brutal purpose, such as a death squad.


Fidel
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Joined: Apr 29 2004
I don't understand it either. Because between our feds and the U.S., they can track a BSE-infected cow from from its birthplace in Canada to its home in Washington, and pin-point all of the calves to stalls where they sleep and eat. Meanwhile, there have been war criminals living in our midst under their real names and collecting Canadian pensions for a large part of their lives. The RCMP was far more interested in the red menace then, and even now, we can only presume. The Church itself welcomed a prominent Vichy government member with open arms. Baby Doc Duvalier fled Haiti with the country's treasury, and guess which country gave him sanctuary en route ?. Canadian officials have accepted the scum of the earth in recent past. It makes you wonder what kind of points system they're really using.

ETA: The feds should have put student loans collection agencies on the case instead of the RCMP. They'd have fled Canada voluntarily.

[ 25 May 2007: Message edited by: Fidel ]


Michelle
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quote:Originally posted by Fidel:
ETA: The feds should have put student loans collection agencies on the case instead of the RCMP. They'd have fled Canada voluntarily.

Ha! [img]biggrin.gif" border="0[/img] You are SO right!


Ken Burch
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Joined: Feb 26 2005
ohara's passion is justified. The European, American, British and Canadian governments failed to save the Jewish people and the other victims of fascism when those governments could have done the right thing. This failure has helped lead to many problems in the present.
All those who brought fascism to power then, and all those who seek to return it to power today, must be held accountable.

laine lowe
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quote:Originally posted by Ken Burch:
The European, American, British and Canadian governments failed to save the Jewish people and the other victims of fascism when those governments could have done the right thing.

They also failed stopping Hitler in the mid-30s by ignoring the pleas of those fighing the fascist Franco. These crimes have never been accounted for.


Ken Burch
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Joined: Feb 26 2005
Agreed.

Slumberjack
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Joined: Aug 8 2005
Although it might appear to some like the heavy hand of government bringing down the hammer on people who are now the very elderly, it must be done. They played a role in dispatching people of all ages to wretched fates. Sadly, there are accomplices to atrocities perpetuated in other regions of the world living here that will never be addressed due to the lack of political clout.

Fidel
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Joined: Apr 29 2004
Richard M. Nixon said in his book that war and profiteering go hand-in-hand. We have to stop that in order to solve war. I've never agreed with most of what the madman had to say publicly when he cast a shadow on this earth. This would be the exception. Fascism never left us. It's still with us as long as we have vast wealth and political influence concentrated in the hands of so few. Capitalism is fascism with the mask on for the sake of playing at democracy.

Slumberjack
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quote:Originally posted by Fidel:
Richard M. Nixon said in his book that war and profiteering go hand-in-hand. We have to stop that in order to solve war. I've never agreed with most of what the madman had to say publicly when he cast a shadow on this earth. This would be the exception. Fascism never left us. It's still with us as long as we have vast wealth and political influence concentrated in the hands of so few. Capitalism is fascism with the mask on for the sake of playing at democracy.

Right you are, but whataya think about 'Nazi era collaborators stripped of citizenship?'


Fidel
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Joined: Apr 29 2004
quote:Originally posted by Slumberjack:

Right you are, but whataya think about 'Nazi era collaborators stripped of citizenship?'

Justice was delayed for too long. I believe that it's important for survivors of the Holocaust as well as the rest of humanity for all war criminals to admit their wrong doing in a world court of law. Western world have been hypocritical in treatment of war criminals and friendly dictators who have committed crimes against humanity. Thousands have been harbored and protected from international law.

I think imprisonment and punishment would be somewhat meaningless at this point. It's an admittal of guilt to the world that's most important. I've read the thoughts of some Nazi war criminals on what happened, and some of them still refuse to admit they did anything wrong. I think fascism can be a state of mind, and it thrives stronger than ever before. Observe Canadian Ralph Klein's college essay defending General Pinochet's fascist record in Chile. Observe the barbarism in Iraq and Afghanistan today, and NATO's carpet bombing of Yugoslavia at the end of the last decade.

The next generations must be vigilant not to be lulled into a false sense of security with token gestures such as this, feigning a sense of law and order and that all is right after oceans of time have passed. Such gestures were few and far between during the cold war. The Russians and Israelis pointed out war criminals living in our midst to Canadian and U.S. governments in the recent past only to be ignored and stonewalled. There is still the issue of justice denied in Latin America with several "friendly" cold war era dictators and dreadful School of the Americas graduates allowed to roam freely without fear of justice. Capitalism is fascism with the mask on. When status quo is threatened by true democracy, the mask will come off once again.

Recurring fascism is evidence that the world does not operate well on a monetary basis, imo. "Capitalism is a car constantly on blocks." I forget which babbler said that several months ago, but it's true. And I believe yet another crisis of capitalism is in the making and will culiminate in chaos and war as per history.

[ 25 May 2007: Message edited by: Fidel ]


Steppenwolf Allende
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Joined: Aug 20 2006
Well, t'is about &*&$%@^% time!

I had to cynically laugh when I read this in the article:

quote: "Canada will not become a safe haven for anyone who has been involved in war crimes, crimes against humanity or genocide."

For f8698s sakes, it took almost 60 years to finally do something about these two--long after they were identified as Nazi collaborators in the Holocaust!

This country is crawling with all kinds of violent criminals and terrorists who seem to sneak under the radar because of their "appropriate" political connections and agendas that happen to compliment the ruling cliques here.

I also largely agree with Andrew Telegdi's concerns that the cabinet should not be making arbitrary decisions about revoking anyone's citizenship or otherwise directly punishing people. That should be the courts' jobs.

But in this case, it's clear the two in question have long since been identified as Nazi stooges living here in violation of the law and international treaties. They should have been dealt with years ago.


ohara
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Joined: Jan 20 2005
I couldnt agree more. This morning as I get set to return from a few days in St. Jacob's in Southern ontario, I notice this story in the Kitchener Waterloo Record, the home newspaper of Helmut Oberlander:

Kitchener Waterloo Record


Michelle
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Joined: May 10 2001
Wow. That piece sounded almost sympathetic to Oberlander at this point:

quote:Forget Oberlander's advanced age, his more than 50 years as a "model citizen" in Canada, or the fact he was still a teenager when forced into a translator's job for the Nazis, the Jewish congress's chief executive officer Bernie Farber said yesterday.

(In passing, that sounds like the same excuses they made for the pope. "Oh, he was YOUNG. He was forced into it! I'm sure he didn't MEAN it! He's been a model citizen ever since!" Whatever.)


ohara
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Joined: Jan 20 2005
To some extent you are right Michelle though Farber's comment about anyone from cook to shooter that participated in a killing unit being equally culpable really resonates well.

Michelle
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Oh, don't get me wrong! I'm not saying that Farber was the one making excuses. I'm saying that the person writing the article seemed to put a bit of a slant on his statement.

So, you were in Kitchener-Waterloo while this was all happening, huh?


Unionist
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Joined: Dec 11 2005
Does anyone actually know the history of the Oberlander case? I don't, which is why this excerpt confuses me:

quote:In 2000, a federal court judge ruled that "on a balance of probabilities," Oberlander lied about his membership in the notorious Nazi unit when he emigrated from Germany in 1954.

His citizenship was revoked as a result.

Almost three years ago, it was restored by the Federal Court of Appeal.

There is no evidence that Oberlander directly participated in war crimes or atrocities.

Still, Farber argued Oberlander was obligated to tell immigration officials about his involvement with the Einsatzkommando when he applied for Canadian citizenship.

His supporters decried the federal government's recent move as a political decision aimed at gaining votes.

They say he has been cleared of any wrongdoing during the war by the courts, and is a victim of persecution.

Why was his citizenship restored by the Federal Court of Appeal, and why and how did "the government" revoke it now?

I personally believe Canada should be harshly punishing war criminals - not just deporting them and washing its hands. But I also believe in the rule of law.

Anyone know what really happened here?


Michelle
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Joined: May 10 2001
I wondered that too. I wonder if he got off on some sort of technicality, that being that if he didn't directly participate in the killing (e.g. he was just a cook for the unit) that he somehow didn't fit the definition.

If that's the case, then this is one case where I think the court is wrong. If he was in the unit, he was part of the killing. I don't know for sure, but it seems to me that they didn't just recruit people off the street to go join the Einsatzgruppen or Einsatzkommando or whatever. Didn't you have to prove yourself first?


Petsy
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Joined: May 4 2006
As I understand it the Federal Court of Appeal admonished the government for not specifying in their dentauralization notice how his activity with the unit jived with being stripped of citizenship.

It was picayune at best but I have to figure that this time the government will get it right.

And hey Ohara, St Jacobs is a beautiful place. Where were you staying? Did you get some of that great apple pie in the St Jacobs market?


ohara
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Joined: Jan 20 2005
[img]smile.gif" border="0[/img] Yes as it happens my wife and I took a few days to visit the area. Went to Stratford and stayed in a very nice B&B here in St. Jacobs.

Petsy, yes yes yes, one of my favourite bakeries is the Strone Crock Bakery here in St. J's. And yes I love their Dutch Apple Pie Mmmmmmmmmmm


Westerly
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Joined: May 28 2007
Saying you were only a cook doesn't absolve your guilt. The innumerable helpers and the paper-pushers were all part of the same machine.

Petsy
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Joined: May 4 2006
Yes couldnt agree more.

Unionist
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Joined: Dec 11 2005
Ok, it indeed appears this character got off on a legalism. The Federal Court concluded (in 2004 F.C.J. No. 920):

quote:I would allow the appeal with costs here and below, set aside the decision of the Federal Court, allow the application for judicial review, set aside the decision of the Governor in Council and remit the matter back to the Governor in Council for a new determination. In practice, this Order means that the Minister of Citizenship and Immigration, should she decide to again seek the revocation of the citizenship of Mr. Oberlander, is expected to present the Governor in Council with a new Report which will address the concerns expressed by the Court in these reasons.

Let's hope the bureaucrats got it right this time.


Michelle
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Joined: May 10 2001
Immigration bureaucrats are notoriously bad at "getting it right" when it comes to deportations, in my experience. Their slipshod research, sloppy paperwork, and sense of entitlement and belief that they will never be held to account for anything results in unfair decisions both ways.

So, it means that people who shouldn't be deported wind up with deportation orders because the bureaucrats don't take into account all the evidence they should that the person is not a risk (I have personal experience of that one with a case I was involved with!), or they get sloppy and refuse to do the proper research and paperwork to make a case where someone SHOULD be deported, and which should be open and shut, airtight.

[ 28 May 2007: Message edited by: Michelle ]


Steppenwolf Allende
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Joined: Aug 20 2006
quote: His citizenship was revoked as a result.

Almost three years ago, it was restored by the Federal Court of Appeal.

There is no evidence that Oberlander directly participated in war crimes or atrocities.

Still, Farber argued Oberlander was obligated to tell immigration officials about his involvement with the Einsatzkommando when he applied for Canadian citizenship.

The thing is though, that isn't guilty of war crime because he was a translator. Being a translator obviously isn't a crime.

Where the criminal charge has merit is the fact that he had direct knowledge of murder and atrocity not considered part of a "legitimate" war effort and withheld that information (sickeningly, most murders and atrocities are considered legal in a war).

That, whether by Nuremburg rules, or by criminal law in most countries makes him what's known as an Accessory After the Fact .

Ok, so it may be true he was young at the time and was ordered to act as a translator in the rounding up and killing of innocent people--obviously under pain of likely death if he refused.

But after the war, when the Nazi regime had been defeated, he had information directly relating to the crimes and did not disclose it. That alone is enough, in most countries, to land him in prison for several years.

Had he come forward, he could have gotten off Scott free, or served a minimum sentence and got on with his life.

Instead he chose to keep it a secret, until he was found out. He hasn't got much of a defense that I can see. He is, by virtue of this fact, a collaborator.


Fidel
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Joined: Apr 29 2004
Yes, I believe the feds have only to prove that the person lied about their previous occupation in Europe(or Haiti, Central America etc) upon entering Canada.

[ 30 May 2007: Message edited by: Fidel ]


Agent 204
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Joined: Nov 19 2003
quote:Originally posted by Westerly:
Saying you were only a cook doesn't absolve your guilt. The innumerable helpers and the paper-pushers were all part of the same machine.

And I don't know about Fast, but Oberlander was far more than a mere cook. He was a translator, which sounds innocent enough if you don't realize what those translators were actually translating. From what I understand, they were asking the locals in occupied areas of eastern Europe and the USSR who the Jews were in town, and interpreting this information for the stormtroopers so the latter could do their job. If that's not complicity in the Holocaust, I don't know what is.

Incidentally, a lot of folks in the city formerly known as Berlin were unsettlingly sympathetic to Oberlander. I guess we should give them the benefit of the doubt and assume that they didn't know what he actually did.

[ 30 May 2007: Message edited by: Agent 204 ]


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