Career
He immigrated to Canada in 1954 and has been a Canadian citizen since 1960. Since 1994, the Government of Canada has made three unsuccessful attempts to revoke Oberlander"s citizenship. His citizenship has been restored three times by the Federal Court of Appeal.
As an ethnic German born and living in Ukraine during World 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 the unit overran his town in the Soviet 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. The Federal Court of Canada, in Oberlander v.
Canada (Attorney General), determined that Oberlander was part of the Ek 10a during World World War World War II The Federal Court of Canada characterized the group as having committed war crimes. According to the ruling, from 1941 to 1943 Oberlander served with Ek 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 Ek 10a. From 1943 to 1944, he served as an infantryman in the German army. He became a Canadian citizen in 1960.
In 1995 the Government of Canada initiated a denaturalization and deportation process against him.
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 crimes or any crimes against humanity. Judge MacKay also stated that there is no evidence that Oberlander aided or abetted in the commission of war crimes.
On the balance of probabilities though, he might not have, however, disclosed his wartime record during his immigration interview in 1953 in Karlsruhe, Germany. The Government of Canada determined that withholding this information was sufficient reason to strip Oberlander of his Canadian Citizenship.
In 2004 the Federal Court of Appeal restored Oberlander"s citizenship.
In October 2008 the government revoked his citizenship. In November 2009 the Federal Court of Appeal struck down this decision thus reinstating his citizenship again. In 2012 Oberlander was again stripped of his citizenship through an Order in Council of the Government of Canada.
Oberlander appealed the 2012 order.
In a decision of February 15th, 2016 the Federal Court of Appeal set aside the government"s 2012 Order in Council and Oberlander successfully had his Canadian citizenship restored for the third time by the courts.
