Zündel's Sonderbehandlung: Special Treatment for what crime? Protecting Zündel from what?

Canada's bureaucracy's moral and intellectual breakdown; operating on premises that rest on outright lies.

A display of power and psychological warfare from individuals afflicted by deficiency thinking disguised as procedural concern and fairness.


Ministry of the Attorney General
Legal Services Branch
Ministry of Public Safety and Security
8th Floor, 77 Greenwille Street
Toronto, ON M5S 1B3

September 10, 2003

(Addressed to Douglas Christie, Attorney)

Dear Mr. Christie,

Re:  Ernst Zundel

Further to our recent conversations, I have consulted with the
Toronto West Detention Centre and the Central Region Office with
respect to your request that you be permitted to send post-it notes
and a chair for Mr. Zundel.  As I indicated when we spoke on the
phone, the institution does not permit inmates to be sent materials
or furniture that are not generally available to all other inmates.
This is the ministry policy for security reasons, and in order to be
consistent and fair with respect to the rights and privileges
extended to all inmates.

As you are aware, Mr. Zundel is currently being held in
administrative segregation as the institution considers it necessary
that he be held separate from the general inmate population for his
own protection.  Mr. Zundel's placement in administrative segregation
is reviewed at least once every five days.  While Mr. Zundel would be
in a cell with a built-in stool if he were among the general
population of inmates, due to those concerns for Mr. Zundel's safety,
the institution does not consider it prudent to house Mr. Zundel
among the general population.  If Mr. Zundel were housed among the
general population in one of a range of cells that gives on to a day
room, he would be sharing a cell with at least one other inmate and
could come into contact with other inmates on the range on a daily

The institution has reviewed the options for Mr. Zundel's
accommodation in light of his concern regarding the lack of a chair
or stool in his segregation cell,  and has determined that once
arrangements can be made, Mr. Zundel will be housed in a special
needs intake unit while maintaining his status in administrative
segregation.  The special needs intake unit is architecturally like a
standard range, as it includes 10 cells that contain bunk beds and
built-in stools, however, each cell houses only one inmate due to the
nature of the special needs intake population.  You and your client
should be aware that special needs inmates are those who require
special health care services, often psychiatric care, or who have
exhibited behaviour that may be either unacceptable or harmful to
themselves or to others such that association with the general
population may pose a risk.  Mr. Zundel would need to go into the day
room on that range in order to make phone calls and have access to a
shower and fresh air, and there may be some restrictions on when he
could be in the day room as interaction with other inmates on the
special needs unit is generally avoided for safety reasons.

If at any time the institution determines that a special needs intake
cell is not appropriate for Mr. Zundel either due to concerns for his
safety or for any other operational reason, Mr. Zundel will be
returned to a segregation cell.

Yours truly,

Jinan Kubursi, Counsel

c. Donald MacIntosh and Pamela Larmondin,  Department of Justice, Fax
(416) 954-8982.
Justice Blais, Federal Court of Canada, Fax (416)973-2154

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