Zundelsite


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

November 7, 2003

Good Morning from the Zundelsite:


Last night, I talked to Ernst after he came back from the bail
hearing.  He says it was a stunning day.  In Ernst's words, "Canada
hasn't seen anything like that in court in the last 200 years..."

What happened?  In essence, Judge Blais was outed by the Zundel
Defense as having been involved with CSIS, the Canadian civilian spy
agency, in ways that should have disqualified him from the start from
ever presiding at these hearings! 

This will have consequences for all of Canada!

We will see what will happen today!  Here is Paul Fromm's write-up, meanwhile:

[START]

CHRISTIE DEMANDS JUDGE RECUSE HIMSELF FOR CSIS CONNECTION

November 6, 2003


As Ernst Zundel struggled into Court this morning dragging his heavy
volumes of legal papers in a pillowcase, his 25 supporters who packed the
courtroom noticed that he was hampered by handcuffs. His supporters greeted
Mr. Zundel at this latest round of hearings into bail, a hearing now into
its eighth day, with a round of applause.

The combative spirit carried over into Doug Christie's
bombshell opening. Mr. Christie moved that the judge Mr. Justice Pierre Blais, 

who had been Solicitor-General in 1989 during the Mulroney government 

recuse himself for reasonable apprehension of bias.

"You were in charge of the Canadian Security and Intelligence
Service when you were Solicitor-General," Mr. Christie observed. "It is inappropriate
for you to sit in judgement when CSIS in bringing evidence before you in
secret."

An obviously upset Blais repeatedly interrupted Mr. Christie
as he put his motion. "This is a motion asking you to recuse yourself on reasonable
apprehension of bias," Mr. Christie said, his voice rising during Blais
repeated interruptions. "CSIS representatives appear before you. Because of
cabinet secrecy, we do not know your involvement with Mr. Zundel's case. We
have reasonable grounds to believe that Mr. Zundel was a subject of CSIS
surveillance. I was concerned about your remarks about COVERT ENTRY being a
novel."

Mr. Christie was referring to John Mitrovica's book exposing CSIS's
scandals, including their opening Ernst Zundel's mail and telling their
operatives who were opening mail, in May, 1995 not to touch any package from
Vancouver addressed to Mr. Zundel. One such parcel containing a powerful
pipebomb was delivered to Zundel. CSIS apparently knew it was coming and
did nothing.

As a former cabinet minister in charge of CSIS, "it was your
duty to let us know if you had contact with one of the parties," Mr. Christie chided
the judge. "The relationship between you and CSIS is not arm's length. You
were the minister to whom CSIS reported. You were their boss."

"CSIS," Mr. Christie continued, "has a vested interest in discrediting
Ernst Zundel and destroying him and having him deported. He's an
embarrassment to CSIS because, we alleged, Mr. Zundel was the recipient of
a bomb they knew about. You  will be sitting in judgement about accusations
of  CSIS over whom you were boss."

Mr. Christie urged: "In my respectful submission, you should have
disqualified yourself, as you had to sit in judgement over the integrity Of
CSIS."

"There's no right to cross-examine CSIS's secret evidence. I have no way
of knowing whether CSIS brought up Mr. Zundel during your period in office.
... We will argue that CSIS has acted in bad faith and with outrageous
misconduct towards Mr. Zundel."

A very aggressive Mr. Justice Blais accused Mr. Christie of "wasting the
Court's time" and seeking to "derail the hearing." Crown Attorney Donald
MacIntosh said these charges against the judge are very serious. Both he
and Mr,. Christie urged that the hearings be adjourned until Mr. Justice
Blais rules on the motion for recusal.

Despite this, Blais ploughed ahead. He will be receiving written
submissions on Mr. Christie's recusal motion and will rule on December 10.

In the afternoon, Mr. MacIntosh resumed his cross-examination of Ernst
Zundel. He put to him the fact that in THE CANADIAN 100, by Jack
Granatstein, Ernst Zundel is listed as the 43 most influential Canadian of
the 20th century. "I'm a lowly German immigrant who made 43 of the 100
people who most influenced Canada. Thanks to me, the false news law was
struck down. Mr. MacIntosh, that is my gift to Canadians."

Mr. MacIntosh asked about the earnings from Ernst Zundel's
distribution of literature.

Doug Christie objected repeatedly. "Can you tell me how this is relevant
as to whether Mr. Zundel is a threat to national security? There is
absolutely no legal justification to ask  how much Mr. Zundel made from
legal activities."

Mr. MacIntosh said: "It will be our argument that sending this material to
41 countries is a threat to national security," and one reason we oppose
Mr. Zundel's release from detention." Mr. Zundel had testified that the
bulk of his income had come, not from book sales, but from donations,

An incredulous Doug Christie said: "I submit your Lordship should be
outraged at the suggestion that one reason a person should be detained is
to prevent him from raising funds for his defence."

The judge's decision was curt. "Objection dismissed. All relevant facts
are to be gathered to assess the certificate filed before us."

Later that evening, Mr. Christie was honoured for his 20 years battling
for free speech in the Zundel case. Wolfgang Mueller and Karl Ruppert of
the German World Federation paid tribute to Mr. Christie's commitment to
free speech. Mr. Ruppert made Mr. Christie an honourary member of the
German World Federation.

Paul Fromm presented Mr. Christie with a plaque topped by a Red Ensign,
"the flag of the real Canada, before the erosion of the protections of
Anglo-Saxon justice," he said in his presentation. The crowd of 80 gave Mr.
Christie a standing ovation as he received the plaque which read: 

"The Canadian Association for Free Expression proudly salutes and honours
Douglas H. Christie for outstanding courage and dedication to the cause of
freedom of speech, for tireless work and advocacy for the cause of liberty,
and, particularly, for self-sacrifice, skill and determination in 20 years
of battling the Zundel case. Presented November 6, 2003"

Newspaper reports

 

Holocaust-denier says Canadian courts have no power over U.S.-based site
 
GREG BONNELL
Canadian Press

"Am I going to ask my wife, from my jail cell, to enforce a ruling that does not apply to her?" Zundel replied when asked if he'd comply with the commission's order to remove the offending material from www.zundelsite.org.

"I cannot. I have no means."

Zundel, 64, has repeatedly said he has no control over the website, and told his detention review Friday that "there's no court in Canada that can force my wife" to remove the material.

But Federal Court Judge Pierre Blais, who'll determine if Zundel should be released from jail pending an assessment of whether he's a security risk, said he had "serious doubts" regarding Zundel's claims of cyber-ignorance.

"There's a decision made; he didn't comply with the decision," Blais said of the commission's ruling, putting the question of compliance to Zundel after expressing dissatisfaction with the Crown's line of questioning.

"I want to know if he'll comply" now that he's back in Canada, Blais said.

In January 2002, the tribunal ruled that the site contravened the Canadian Human Rights Act and found that Zundel had "effective control of the site."

But defence lawyer Doug Christie argued that "I can't stop her" was a perfectly valid defence and that it was wrong of Blais to conclude Zundel was refusing to abide by the ruling.

"It's not a breach of the order if he doesn't do anything," Christie said. "It's (Zundel's wife) not complying, and she's not obliged to."

Zundel's connection to the website was also called into question by the Crown, which told the court the site recently posted a letter written by Zundel from his jail cell.

"I didn't even know until you showed me now that it was posted," Zundel said.

Zundel, who fled to Tennessee to live with his wife before the Canadian Human Rights Commission ruling came down, is seeking freedom pending a review of a federal security certificate issued earlier this year that says he's a security risk.

The certificate could send him back to Germany to face charges of suspicion of incitement of hatred.

Zundel assured the court Friday that, if deported to Germany, he'd surrender himself to Canadian authorities willingly.

"I will not go into hiding, I will not run away, that's not my style," he said, but added he'll exhaust all possible legal avenues to fight deportation.

Throughout the review, which began in May, government lawyers have repeatedly tried to link Zundel with other Holocaust-deniers and white supremacists.

Zundel was jailed in February when he was deported to Canada from the United States for overstaying a visitor's visa.

He immediately applied for refugee status in Canada but was denied release by the Immigration and Refugee Board three times before Ottawa suspended the application May 2, one day after the security certificate was issued.

Once Zundel's detention review is complete, a judge must decide whether the security certificate, much of it based on secret evidence from the Canadian Security and Intelligence Service, is reasonable.

Once approved, the certificate becomes an immediate removal order.

Zundel remains in solitary confinement at Toronto's Metro West Detention Centre.

© Copyright  2003 The Canadian Press

Saturday, November 8, 2003

Zundel embroiled in website battle

By CP

The Calgary Sun

TORONTO --  Holocaust-denier Ernst Zundel told a judge yesterday Canadian courts have no authority over a U.S.-based website administered by his American wife that the Canadian Human Rights Commission says spreads anti-Semitic messages.

"Am I going to ask my wife, from my jail cell, to enforce a ruling that does not apply to her?" Zundel replied when asked if he'd comply with the commission's order to remove the offending material from www.zundelsite.org.

"I cannot. I have no means."

Zundel, 64, has repeatedly said he has no control over the website, and told his detention review "there's no court in Canada that can force my wife" to remove the material.

Federal Court Judge Pierre Blais, who'll determine if Zundel should be released from jail pending an assessment of whether he's a security risk, said he had "serious doubts" regarding Zundel's claims of cyber-ignorance.

"There's a decision made. He didn't comply with the decision," Blais said of the commission's ruling, putting the question of compliance to Zundel after expressing dissatisfaction with the Crown's line of questioning.

"I want to know if he'll comply" now that he's back in Canada, Blais said.

In January 2002, the tribunal ruled the site contravened the Canadian Human Rights Act and found Zundel had "effective control of the site."

But defence lawyer Doug Christie argued "I can't stop her" was a perfectly valid defence and that it was wrong of Blais to conclude Zundel was refusing to abide by the ruling.

"It's not a breach of the order if he doesn't do anything," Christie said.

"It's (Zundel's wife) not complying, and she's not obliged to."

Zundel was jailed in February when he was deported to Canada from the U.S. for overstaying a visitor's visa. He immediately applied for refugee status in Canada, but was denied release by the Immigration and Refugee Board three times before Ottawa suspended the application May 2, one day after a security certificate was issued indicating he is a security risk. Zundel remains in solitary confinement at Toronto's Metro West Detention Centre.

 

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