Canada v. Michael Seifert

Court	Federal Court, Canada
Case number	2007 FC 1165
Decision title	Decision – Finding of Facts
Decision date	13 November 2007
Parties	The Minister Of Citizenship And Immigration Michael Seifert
Categories	War crimes
Keywords	murder, torture, war crimes, extradition, judicial cooperation, revocation of citizenship
Links	Decision
Other countries involved	Italy

Summary

Between December 1944 and April 1945 Michael Seifert (also known as Misha), a Ukranian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. He moved to Canada in 1951, obtaining Canadian citizenship by claiming he was born in Estonia and withholding the fact that he had been a Nazi SS prison guard.

On 24 November 2000, the Italian military tribunal of Verona convicted Michael Seifert in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. The Italian government started a procedure to have him extradited to Italy and the Canadian authorities started a procedure to have him stripped of his Canadian Citizenship and extradite him. Seifert acknowledged that he was at the Bolzano camp, but denied being involved in atrocities. The Federal Court of Canada ruled that the government was within its rights to revoke Michael Seifert's citizenship as he had lied to obtain it. The Court held that Seifert obtained entry to Canada and Canadian Citizenship by misrepresentation of his activities in World War II and non-disclosure of material facts. During the 1950’s, Canada had an immigration policy that barred former members of the SS and related units such as the SD (the German intelligence agency to the SS) from gaining entry to Canada and obtaining citizenship. Therefore the Court ruled that had he told the truth, Seifert would not have been allowed into Canada.

Procedural history

On 24 November 2000 the Military Tribunal of Verona (Italy) convicted Michael Seifert, then-residing in Canada, in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. On December 28, 2005, the Canadian Minister of Justice ordered Seifert’s surrender to Italy. Seifert appealed his extradition to Italy before the British Columbia Court of Appeal.

On 4 August 2007, the British Columbia Court of Appeal ordered that he be jailed after upholding an extradition request from Italy. On 16 August 2007, the British Columbia Court of Appeal dismissed his appeal to be released pending his appeal to the Supreme Court, deciding that he remain in jail.

Related developments

On 17 January 2008 the Supreme Court refused to hear Seifert’s appeal of his extradition to Italy. On 16 February 2008, Seifert, aged 83, was extradited to Italy on 16 February 2008 where he served his life sentence. He died in Italy in November 2010.

Legally relevant facts

Between December 1944 and April 1945 Michael Seifert (also known as Misha), a Ukranian national who had joined the Nazi SS, served as a guard at the Bolzano transit concentration camp.

In 1951 Michael Seifert moved to Canada, claiming he was born in Estonia and withholding the fact that he had been a Nazi SS prison guard.

On 24 November 2000, the military tribunal of Verona, Italy, convicted Michael Seifert in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. The Court held that he, together with another Ukrainian national, Sein, participated in the torture and unlawful killing of at least 18 internees. Seifert had acknowledged that he was at the Bolzano camp, but denied being involved in atrocities.

Core legal questions

Is Canadian citizenship revoked when it is discovered an immigrant has lied about his past during his obtaining of the citizenship?

Specific legal rules and provisions

Sections 10 and 18 of Chapter 29 of the Canadian Citizenship Act.

Court's holding and analysis

The Federal Court of Canada ruled that the government was within its rights to revoke Michael Seifert's citizenship as he had lied to obtain it.

The Court stated that to make its decision, it considered a “number of complicated issues, including Canada’s post-war immigration policy, procedures and criteria for screening visa applications abroad, the organisation of the German security and policing apparatus in Ukraine and Italy during the relevant time period, Seifert’s status within that apparatus, and the role he played as a camp guard.” Also, “to consider whether Seifert’s conduct was justified in the circumstances, consider the reasonableness of his claim to have feared repatriation to the Soviet Union, as well as the possibility that Canadian officials might have been sympathetic to his plight.”

The Court reviewed Canada’s immigration policy that barred former members of the SS and related units such as the SD from gaining entry to Canada and obtaining citizenship (Finding of Facts, p. 54-64). The Court held that Seifert obtained entry to Canada and Canadian Citizenship by misrepresentation of his activities in World War II and non-disclosure of material facts. Had he told the truth, Seifert would not have been allowed into Canada (Finding of Facts, p.2, 77-78).

The Court however made the remark that it was not satisfied the atrocities that Seifert was accused of committing were proven, as there is a lack of evidence (Finding of Facts, p. 3, 76).