----- Original Message -----
Sent: Thursday, November 27, 2003 9:42 PM
Subject: ZGram - 11/27/2003 - "Zundel document filed: 'Can
Judge Blais sit in judgment ***on his own actions***, taken while he
was Solicitor General?'"
Zgram - Where Truth is Destiny: Now more than ever!
Good Morning from the Zundelsite:
And a Happy Thanksgiving to all of you, too!
It is ironic, isn't it? As this country is losing its freedoms by
the bushel, we are supposed and expected to pretend it isn't
happening at all. Last week, I spent a few days in a hotel room
waiting for an important interview, and for the first time in almost
a year I had a chance to see what's on TV - trivia as usual, i.e. how
to carve a turkey. And all across this country, if my sources are
right, politically demonized people are picked up stealthily by
government goons acting as hit squads for an alien agenda - without
warrants, without charges, without due process, and whisked away to
God-knows-where! Guantanamo, perhaps?
In Canada, the next court date will be December 10, still with Judge
Blais - who, we now know and he knew all along, was CSIS's boss when
CSIS helped create and finance the so-called "white supremacist
danger" in Canada for which Ernst is now in prison, with CSIS his
accuser. Without going into the very complicated story, let me just
summarize by quoting from an email from a friend and long-time CSIS
"CSIS "infliltrated" the "right wing" but in
fact "created" the
group and used it to destroy the Reform Party. No wonder the
Liberals have no opposition. Nice to have your own little secret
police to destroy any real opposition. I don't care what your
politics are, if you support using a secret police to destroy
non-violence political opposition, democracy is over. Next will be
peace groups, Muslim groups, environmental groups. The great gift of
the Liberals is to make themselves look like they are for the "little
guy" but they are supported financially almost TOTALLY by corporate
donations. So dream on if you think they are for you."
A rather lengthy document has now been filed with the Federal Court
that summarizes Judge Blais's record as Canada's former Solicitor
General and, in fact, CSIS's boss. It lists the reasons why he
should remove himself or be removed from sitting in judgment of Ernst
For anybody interested in reading this historical document in its
entirety, write to me and I will forward, since it has not yet been
placed on the Zundelsite.
For most of you, I think the excerpt below will suffice to get a
whiff of the stench that permeates the Canadian judicial system, with
the Canadian taxpayers footing the bill:
46. Zundel will be raising defences which call into question the
legality of the surveillance of CSIS over him during the 1980's and
1990's to at least 1993 when he applied for citizenship.
47. These defences raise directly the legality of actions taken by
Mr. Justice Blais during 1989. They also raise the issues of the
knowledge and motivation of CSIS during these same two decades. They
raise the issue of the role of Grant Bristow, a known CSIS agent, in
fomenting violence in the right wing, a man who is almost certainly a
secret witness against Zundel in these hearings.
48. Zundel will raise the defence that CSIS is motivated by the
desire to ensure that the legality of its actions against Zundel will
be justified in a proceeding which labels him a "terrorist."
49. Zundel will argue that the knowledge of CSIS of a bomb being
sent to his house in 1995 will be covered up and whitewashed by a
finding that Zundel himself is a "terrorist" and a threat to
50. The directive which Mr. Justice Blais issued on human sources in
1989 will be a direct issue in the proceedings given the fact that
controversy still surrounds whether the directive was ignored or
circumvented or whether in fact Mr. Justice Blais actually gave
approval to Bristow's placing as a human source against both the
Reform Party and the "extreme right wing."
51. The CSIS Act requires accountability of the Solicitor General.
These court proceedings are one of the ways that Solicitors General
may be held accountable for what they ordered and directed to be done
with respect to the "right wing" in Canada. Mr. Justice Blais was
Solicitor General at a crucial time in the events that are now being
put in evidence against Zundel, namely, the formation of the Heritage
Front and the targeting of CSIS agent Grant Bristow against the
52. Mr. Justice Blais cannot sit in judgment on his own actions,
taken while he was Solicitor General. There is no evidence of his
actual bias against Zundel, but these very serious matters raise a
reasonable apprehension of bias in the mind of any reasonable person.
53. CSIS does not have the blanket right to spy on people in Canada
because they do not like their political opinions. CSIS has provided
no evidence whatsoever that Zundel has ever been involved in any type
of violence or counseling of violence in the decades he was in
Canada. Zundel is a law-abiding Canadian who contributed greatly to
Canada by having the criminal "false news" law struck down by the
Supreme Court of Canada in 1992.
54. Mr. Justice Blais cannot in good conscience sit in this case
since he himself was most probably a party to decisions being made
regarding Zundel during 1989 or was directly responsible for those
decisions as the minister responsible for CSIS. He should have
informed counsel at the beginning of these proceedings that he had
held the position of Solicitor General.
55. In these circumstances, Zundel has a reasonable apprehension of
bias on the part of Mr. Justice Blais given his position as Solicitor
56. Further, the comments by Mr. Justice Blais that the book Covert
Entry is a "novel", prior to hearing any evidence on Zundel's part
concerning the background to this book which will be heard during the
hearing proper on the certificate, raises an apprehension of bias on
the part of Mr. Justice Blais given his background as the Solicitor
General of Canada in charge of CSIS. The book charges CSIS with
serious matters concerning Zundel, namely, that it had foreknowledge
of the bomb which was sent to him in 1995. That Mr. Justice Blais
would immediately brand the book a "novel" and begin to aggressively
intervene in the questioning of Zundel on the book, raises a
reasonable apprehension that Mr. Justice Blais, as a former Solicitor
General in charge of CSIS, would not be impartial in considering and
judging Zundel's allegations against CSIS.
57. It is submitted that in principle, a former Solicitor General
should never sit on a case calling into question the actions of CSIS
regardless of whether it involves periods of his direct ministerial
direction. A reasonable apprehension of collegial bias exists. The
ministerial responsibility is mutually supportive of CSIS and the
minister, and both have secret knowledge about the other.
58. All the more so where, as in this case, CSIS alleges with secret
supporting evidence brought before their former boss some events
against Zundel which he alleges were highly illegal or immoral on the
part of CSIS and the judge was directly involved as minister in
charge of CSIS during the period when dubious acts of spying and
targeting was authorized and where only CSIS can provide plausible
denial of complicity of the minister (now a judge) in some of its own
Mr. Justice Blais was not simply in an administrative, bureaucratic
position. He was the Solicitor General who was the ultimate person
responsible and accountable for the actions of CSIS to Parliament and
the Canadian people. He was "the boss" and the person who decided
major thrusts of CSIS operations. He held this position when the
Heritage Front was formed and targeted by CSIS. All of these matters
are part of the evidence against Zundel in the hearing. He therefore
has a direct conflict of interest with Zundel's defences and legal
position in these proceedings.
62. This case deals with the problems of a secret police force in a
democratic society. It is obviously extremely tempting for
governments to use the secret service, CSIS, to destroy intellectuals
such as Ernst Zundel who question the official version of history
that exists today. Historical beliefs form the basis of political
policy of nations and their questioning is deeply threatening to
those in power. In a democratic society, Zundel has a right to
question and challenge those belief structures. In a fascist and
totalitarian society, he will be jailed and destroyed as a "national
security risk." There is nothing new under the sun. This case is a
test of whether democracy will survive in Canada.
63. Zundel is entitled to a fair and impartial hearing from a judge
who has not been the head of the secret service in Canada. Only an
impartial judiciary can protect the individual from the apparatus of