ZGram - Where Truth is Destiny: Now more than ever!
July 30, 2003
Good Morning from the Zundelsite:
I talked to Ernst last night. I quote from memory:
"Today it was high drama. It was like in the olden days. [Defense
attorney] Doug Christie was at his best. He asked the judge to
recuse himself for bias. That took real courage - for a lawyer to
tell a judge he is biased and should not continue hearing this case.
Doug's performance today was awesome."
When I asked if a decision regarding bail had been made, Ernst said:
"Of course not. The government lawyer just keeps on smearing me.
It's character assassination, as always."
Here is a report from the Zundel Bail Hearings: Day 3
CHRISTIE CALLS ON JUDGE TO QUIT FOR BIAS & CROWN GETS ANOTHER
ERNST ZUNDEL HEARING - July 30, 2003
CHRISTIE CALLS ON JUDGE TO QUIT FOR BIAS AND CROWN GETS ANOTHER SECRET HEARING
B.C. lawyer, Douglas H. Christie electrified a Toronto
Federal Courtroom Wednesday when he rose and made a motion calling
on Judge Pierre Blais to recuse himself for bias. Mr. Christie said
that Blais' comments Tuesday where he said he did not believe Ernst
Zundel did not control the Zundelsite showed a hostility to the
German-born publisher that prejudiced the trial.
On Tuesday, Judge Blais had said: "Do you think for a minute
that I'm going to believe that you have no control over the web
site. A web site is like a book."
A visibly-upset Doug Christie had risen and objected, "I
object. A web site is not like a book. It can change three times or
more a day. It can change in a keystroke".
As the Immigration and Refugee Protection Act is written,
Christie said, "No right of judicial review exists. In normal
trials, a judge's interruption of cross examination can be
supervised by the Court of Appeals but not under this legislation."
"Your Lordship has entered into the arena and displayed
hostility to the accused on numerous occasions. You intervened in
cross examination to demonstrate open hostility to Mr. Zundel," Mr.
"You said repeatedly you did not believe Mr. Zundel regarding
the ownership of the Zundelsite, but this is a bail hearing," Mr.
Christie argued. "You've not heard evidence of the owner of the web
site. Before you have heard from Ingrid Rimland, the owner of the
web site, you called Ernst Zundel a liar. To a reasonable [word
missing], it would seem that the decision in this trial has already
been made," Christie said. In the mind of a reasonable observer,
this would create a apprehension of hostility and bias."
"Your statement regarding disbelief in Mr. Zundel's word was
far broader. You said: 'The more you talk, the less I believe you.'"
"I point out until all the evidence is heard, judgment as to
credibility must be suspended," said Christie.
Referring to the book, The Hitler We Loved and Why, Judge
Blais had interrupted and questioned Ernst Zundel, "Come on, Mr.
Zundel, you put this book together."
"However," Mr. Christie said, "Mr. Zundel had testified Mr.
Eric Thompson had put this book together," and Mr. Zundel had simply
supplied the photographs.
"How does this book have anything to do with the security of
Canada?" Mr. Christie demanded. "It is at worst opinion. Mr. Zundel
should not be on trial for his opinion."
Under the Immigration Act in there, where a person is the
subject of a Canadian Security and Intelligence Service (CSIS)
threat to national security certificate, a judge reviewing the
reasonableness of this certificate is his one and only hearing. "You
are the court of last resort, the court of appeal in this matter,"
Mr. Christie argued. "It must, therefore, be demonstrable to all
people that there is no apprehension of bias. Mr. Zundel is faced
with instant deportation. The consequences for him are very severe,"
Canada's Battling Barrister warned.
Mr. Christie said that Judge Blais' bias "is contrary to
fundamental justice. A reasonable observer would conclude your
decision cannot be impartial. Your Lordship's interventions have
been more aggressive than the Crown's cross examination," Mr.
Later, Doug Christie commented privately that Judge Blais had
called investigative journalist Andrew Mitrovica's book, Covert
Entry, an expose of CSIS' spy tactics and opening of mail, a novel."
This book will form an important part of Mr. Zundel's case. This
book and its revelation that CSIS apparently knew that a May 1995
terrorist bomb was coming for Ernst Zundel and did nothing will form
an important part of Mr. Zundel's case.
Judge Blais noted that it would take until August 12 for the
transcript to be prepared. He indicated that he wanted to study the
exact words used. With the agreement of both parties, he said he
would reserve judgment about recusing himself until some time in
Crown prosecutor, Donald MacIntosh, used most of the rest of
the day to question Mr. Zundel about a wide range of connections.
Although Mr. Zundel had testified that he had turned down a speaking
invitation to attend a December 1990 Martyrs' Day Rally sponsored by
the Heritage Front which honored fallen dissident, Robert Mathews,
he was questioned at length about the people who had attended that
In CSIS's highly charged accusation against Mr. Zundel, the
term White Supremacist is widely used. Ernst Zundel told McIntosh,
"'White Supremacists' is not a term used by nationalists or the
right wing. It is a propaganda term used by the enemy."
Just before the lunch break, the judge dropped his own
bombshell. "The Crown has asked for a new presentation in camera,"
he said, referring to another secret hearing where the defence will
have no knowledge of who testifies or what is said.
"Can your Lordship advise me when this request was made or is
that secret too," Doug Christie asked.
"Yesterday," Judge Blais informed him.
Doug Christie demanded that the defence be provided with a
summary of the evidence presented in the secret hearing. "I ask that
your Lordship follow the same procedure laid down by the Supreme
Court for SIRC (The Security and Intelligence Review Committee) in a
national security case in Chiarelli". In this ruling, the Supreme
Court upheld procedures by SIRC whereby in an immigration and
national security hearing, secret evidence was heard. The Court
ruled that the secret hearing did not violate Mr. Chiarelli's Charter
rights because his lawyer had been given a summary of the evidence
and the opportunity to submit questions to probe this evidence.
Judge Blais said he rejected Mr. Christie's interpretation of the
Chiarelli decision and would not promise any disclosure. "I will
accept the request by the Crown to produce new evidence in camera and
will see whether it is necessary to provide any more summary to Mr.
Before adjourning until September 23 and thus leaving
revisionist publisher Ernst Zundel, now ailing, for another two
months in solitary confinement at the Metro West Detention Center,
the matter of Mr. Zundel's prison conditions was again [raised] by
Douglas Christie. Mr. Christie reported his frustration at being
unable to obtain complete documentary evidence of the results of Mr.
Zundel's [medical] tests last week. Mr. Christie also pointed out
that Ernst Zundel has been denied a chair, a pillow, pen,
post-it-notes and highlighters.
An angry Judge Blais said, "If there is any possibility
within the parameters of the law, I want to improve his condition.
"Is there anybody here from the Detention Center?" he demanded. As
on Monday, there was no answer from the provincial prison
"I will make a written direction that Mr. Zundel be treated
with more flexibility," Judge Blais said.
"Even in medieval times, prisoners were allowed to use pen
and paper," Judge Blais asserted. "I also have respect for Mr.
Zundel. He is not a criminal. I think he is entitled to a little bit
of flexibility," the Judge said.
It was decided that the Crown would send a letter to the
Province of Ontario to seek more humane treatment for Mr. Zundel.
However, if no results are achieved within a few days, there will be
a conference call among Judge Blais, Crown attorney, Donald
MacIntosh, defense lawyer, Doug Christie and provincial authorities.
All three days of hearings saw the courtroom nearly filled,
mostly with supporters of Ernst Zundel, some who had traveled from
as far away as London. Angered at yet another secret hearing and
frustrated by the Crown's seemingly endless delays and petty
questioning about Mr. Zundel's obscure political acquaintances, the
free speech supporters gave the German-born publisher a rousing
cheer as he left the courtroom.
Several were in tears as they thanked lawyer, Doug Christie,
for fighting for improved health conditions for Mr. Zundel and
embraced him as he left the University court building.
-- Paul Fromm
ZÜNDEL HEARINGS RESUME IN TORONTO, JULY 28, 2003
CUSTOMS HARASSES DEFENCE TEAM
Hearings resume Monday, July 28, in Federal Court in Toronto (361
University Avenue) in the case of German born publisher Ernst Zündel. The
purpose hearings before Mr. Justice Blais is twofold: to consider
application for Mr. Zündel's release from detention and to consider the
reasonableness of a CSIS certificate branding the German pacifist and
Revisionist publisher a "terrorist" and a threat to national security.
The defence team, led by Victoria lawyer and noted free speech defender
Douglas H. Christie, will be pressing for Mr. Zündel's release. Zündel, who
has been under attack for his unorthodox historical ideas since 1980, has
been the object of continued harassment by the anti-free speech lobby in
Canada. The defence team will point to Mr. Zündel's long history of
compliance with more than a dozen bails and court orders over the years.
Prior to the hearing before Mr. Justice Blais, Mr. Christie will file a
motion of habeas corpus in Ontario Superior Court in an effort to affect
Mr. Zündel's release.
"Ernst Zündel is prevented by the mediaeval prison conditions from
preparing an adequate defence for his several Canadian and American legal
cases," says Paul Fromm of the Canadian Association for Free Expression.
"Despite repeated representations to prison authorities and to the
Minister, Mr. Zündel is denied pens, post-it notes, highlighters and even a
chair. His sole means of marking up volumes of legal documents are stubs of
pencils, like the ones you'd use on your scorecard in a bowling alley,"
Fromm explains. "Despite assurances from the Ministry of Public Safety and
Security that stationery materials are permitted to prisoners, I've been
told by prison authorities that these items are 'contraband,'" Fromm charges.
Three days, July 28-30, are scheduled for this round in the
Zündel case, which began May 9. Mr. Zündel came to Canada as a landed
immigrant in 1958.
He was a highly successful graphic artist. In 2000, he moved to the U.S.
and married a U.S. citizen, author Ingrid Rimland, [Ed.D.] an education
psychologist. Mr. Zündel was deported to Canada, February 19, on alleged
immigration violations. He vigorously rejects these charges and is pursuing
redress in the American courts before the Sixth Circuit in Cincinnati.
"There is clear evidence of a murderous hostility on the part of the
Canadian Security and Intelligence Service toward Mr. Zündel," Fromm
charges. He points to the book COVERT ENTRY by journalist Andrew Mitrovica.
In it, former CSIS operative John Farrell reveals that CSIS operated
widespread opening of the mail of rightwing activists, including Mr.
Zündel. Farrell charged that he was twice warned in 1995 not to open
packages from B.C. addressed to Zündel. Later that month, a powerful
pipebomb sent from a Vancouver address arrived at Ernst Zündel's Toronto
house. "Apparently, CSIS knew a bomb was headed for Mr. Zündel and did
nothing to warn or protect him or the postal workers who might handle this
lethal weapon," says Fromm.
One of the witnesses being brought by Mr. Zündel's defence is [California] lawyer
Bruce Leichty. Mr. Justice Blais, in considering Mr. Zündel's
application for bail, wanted more information on his U.S. immigration
situation. Crown lawyer Donald MacIntosh had alleged that Mr.
Zündel had failed to attend U.S. immigration hearings and was, therefore, a
poor risk for bail. Mr. Leichty is a U.S. immigration expert and is now in
charge of [Ingrid] Zündel's U.S. legal efforts [to free her husband].
He will testify that Mr. Zündel was scrupulous in his compliance with
Mr. Leichty FEDEXed ahead a file of legal documents supporting his case to
defence team member Barbara Kulaszka. These legal documents have been
detained by Canadian Customs and will not be available Monday when they are
needed, laywer Kulaszka was told. This is not the first time Canada's
Customs censors have harassed Mr. Zündel's defence team.
Despite requests to respect legal privilege, Paul Fromm's legal papers,
including statements from a potential U.S. witness, were searched and
temporarily seized by Customs officials at Pearson Airport on June 11.
"The detention of Mr. Leichty's papers leaves the strong suspicion that
the Crown will have advance and unfair access to the Defence case," says
CANADIAN ASSOCIATION FOR FREE EXPRESSION,
P.O. Box 332,
Rexdale, ON., M9W 5L3
©-free 2003 Adelaide Institute