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
Friday, November 07, 2003
TORONTO (CP) - Holocaust-denier Ernst Zundel told a judge Friday that
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 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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