PETER WORTHINGTON LOOKS AT FINDINGS THAT CHALLENGE THE PROCESS OF DEPORTING CITIZENS

[zgrams at zgrams.zundelsite.org]

ZGram - Where Truth is Destiny:  Now more than ever!

May 4, 2004

Good Morning from the Zundelsite:

I am not sure if this ruling will directly impact on the Zundel case, 
but it certainly chips away at the obscene power of CSIS - an outfit 
that is thorough disliked but just about any segment of the 
population - except for those who like to feed at the government's 
trough in surreptitious fashion. 

Helmut Oberlander is a Canadian of German descent, a man who did well 
in Canada, as most post World War II German immigrants did.  The 
Holocaust Lobby got hold of him more than a decade ago and has 
plagued him ever since.  Unlike Ernst, this man has never, to my 
knowledge, been involved in Canadian politics, taking on the Lobby 
frontally.  Therefore, he enjoyed the support of a large segment of 
Canadian immigrants, most of whom are unduly cowed by that unpleasant 
minority that seem to run the country. 

Please note that it is Mr. MacIntosh, the government's main hatchet 
man commissioned to do Zundel in, who got it once more on the snout!

This ruling below must have been most welcome!

[START]

Tue, May 4, 2004

Deportation on hold

PETER WORTHINGTON LOOKS AT FINDINGS THAT CHALLENGE THE PROCESS OF 
DEPORTING CITIZENS

By PETER WORTHINGTON

THE LIBERAL government's policy of deporting certain people without 
appeal or legal representation has been dealt a devastating setback. 
Mr. Justice R. D. Reilly of Ontario's Superior Court has ordered a 
"stay" in proceedings to strip Helmut Oberlander of his citizenship 
and deport him.

While the government is appealing the ruling, Justice Reilly's 
findings throw into doubt the whole process of how citizenship is 
revoked and subsequent deportation.

The targets of a succession of immigration ministers are mostly aging 
Ukrainians and Germans who as teenagers were conscripted or forced to 
work for Nazi units in World War II.

None have committed war crimes as such, but all are deemed to have 
"probably" lied or omitted telling immigration officials of their 
background when entering Canada. The word "probably" is necessary 
because there is no proof. Records dating back 50 years have been 
destroyed.

Justice Reilly was dealing specifically with the case of Oberlander, 
80, who lives in Kitchener. While he passed no judgment on the truth 
of charges, Justice Reilly had plenty to say about the process 
whereby citizenship is revoked.

The government wanted quashed Oberlander's motion that the case 
against him should be tossed out. The judge disagreed.

Justice Reilly noted it was the minister of citizenship and 
immigration who made the report recommending revocation and 
deportation. This was submitted to cabinet which authorized at least 
four ministers to make a decision -- one of them being the minister 
of immigration.

And the whole process was conducted in secrecy, which the government 
lawyer, Donald MacIntosh, insisted was necessary for cabinet 
confidentiality. Although Oberlander sought to make direct 
presentation to the tribunal, this was refused -- even though his 
accuser who wrote the report urging revocation of citizenship was on 
the panel. In effect, the report was "rubber-stamped."

As well, Oberlander's fate was decided at a secret tribunal by 
unidentified ministers and with no right of appeal.

Justice Reilly seemed to agree with Oberlander's lawyer, Eric 
Hafemann, that such secrecy was "an affront to any proper concept of 
fundamental justice," as did the whole process.

The issue is: Confidentiality amounting to complete secrecy has no 
place in a proceeding resulting in the revocation of citizenship.

Justice Reilly said: "I can think of no consequence apart from ... 
imprisonment in a penitentiary, which would be more significant to a 
responsible citizen than the loss of that citizenship ... revocation 
must accord with the principle of fundamental justice."

He noted that although Oberlander had been an upstanding citizen for 
over 40 years, since the revocation of citizenship among the freedoms 
he has lost are mobility and "the right to vote or ... to run for 
office."

Mr. Justice Andrew MacKay who investigated the charges, found that 
Oberlander (at age 17) had worked as a translator for Nazi death 
squads, but no evidence that he was a former member in the 
Sicherheitzpolizei un SD (a Nazi death squad), and "no evidence he 
participated in the execution of civilians," and no evidence he was 
involved in war crimes or crimes against humanity was found. However, 
he was a translator in Einsatzkommando 10A, a notorious killing 
machine.

'IRREPARABLE HARM'

Justice MacKay has noted that Oberlander "probably misrepresented 
such membership when he applied for immigration to Canada."

In his ruling, Justice Reilly noted: "I grant relief to the 
applicant, Helmut Oberlander ... (and) dismiss the government's 
motion for a stay of Mr. Oberlander's motion and application."

He added that Oberlander "would be at risk of suffering irreparable 
harm if the inquiry were to continue before issues raised by the 
application are dealt with."

If Justice Reilly's findings stands, the judgment will apply to 
others in a similar situation -- notably Toronto's Wasyl Olynsky who 
as a Ukrainian teenager was forced into a Nazi unit on pain of death 
to his family.

Rather than appeal, the government should go straight to the Supreme 
Court of Canada for a ruling.

[END]