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Ernst Zündel
Freedom Fighter and Prisoner of War February 5, 2003 and ongoing ...
From Adelaide Institute archive
From: Paul Fromm
Sent: Sunday, January 23, 2005 11:20 AM
Subject: Canada Wants to Deport Ernst Zundel to German Jail ASAP
Canada Wants to Deport Ernst Zundel to German Jail ASAP
Dear Free Speech Supporter:
Peter Lindsay, lead counsel for Canadian political prisoner Ernst Zundel, recently sent two letters to Donald MacIntosh, chief prosecutor. The letters sought agreement to postpone any deportation of Ernst Zundel until after two ongoing related cases that impact on Mr. Zundel’s rights are heard.
We still await the decision of Mr. Justice Pierre Blais in the CSIS national security certificate case. The Crown need only convince the judge, with secret evidence and hearsay, that it was not unreasonable for two cabinet ministers to think Ernst Zundel might be a terrorist when they signed the certificate on May 1, 2003. Judge Blais, the former boss of the Canadian Security and Intelligence Service (CSIS) the source of the case against Mr. Zundel, has so often tipped his hand as he favoured the Crown and berated Mr. Zundel’s counsel, first Doug Christie and then Peter Lindsay, that an unfavourable decision is all but a foregone conclusion. Ernst Zundel thinks so too, as he told me when I visited him at the Metro West Detention Centre on December 26.
Under Canadian law, should Mr. Justice Blais find the certificate reasonable, his finding becomes and unappealable deportation order. Thus, Peter Lindsay sought an agreement from Mr. MacIntosh to delay any deportation until two other related cases are heard.
The first case is Mr. Zundel’s statement of claim in Federal Court seeking release from solitary confinement as his imprisonment violates his Charter Rights, because the Immigration and Refugee Protection Act under which he is held allows secret hearings, permits “anything” to be considered as evidence and provides for now appeal. The Crown is seeking to “strike” the statement of claim; that is, have it dismissed.
The second case involves a Moroccan named Charkaoui, who is held on a CSIS national security certificate. He is challenging the whole process – the secret evidence, the indefinite detention – and is seeking leave to appeal to the Supreme Court.
MacIntosh’s belligerent response is typical of the present Canadian government’s “Justice” (in name, but not fact) Department headed by Israel Firster and ultra-Zionist Irving Cotler. MacIntosh is not even prepared to give Mr. Lindsay 15 days notice before the removal of Mr. Zundel. It’s clear that the Zionists in Ottawa can’t get Ernst Zundel into a German prison fast enough.
However, the legal efforts to protect Ernst Zundel have not been exhausted and Mr. Lindsay and his co-counsel Chi-Kun Shi soldier on.
The Defence Fund is very seriously depleted and we face major outlays in the New Year. I again ask for your commitment and urgent help. Please mail us your contribution today or e-mail us your VISA number and expiry date. We have a number of delicate colour-pencil sketches by Ernst Zundel done in prison. Each is dated and signed. Each is a nature study. Mr. Zundel has long been a paint and sketch artist. He had returned to his love of art before the U.S. I.N.S picked him up and deported him. All donors of $100 or more will receive one of these sketches. Mail your donation today to CAFE, Box 332, Rexdale, ON., M9W 5L3, Canada or e-mail us your VISA number and expiry date. On your cheque or an accompanying piece of paper, note: "For Zundel Defence Fund."
Paul Fromm, Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION
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January 12, 2005
BY FAX: (416) 954-8982
Mr. Donald A. Macintosh,
General Counsel Immigration Law Section Department of Justice Canada The Exchange Tower
130 King St. West, Suite 3100
Toronto, Ontario
M5X 1K8
Dear Mr. Macintosh:
Re: Ernst Zundel, Court File No.: DES-3-02
Justice Blais' decision could come at any time. If the certificate is held to be reasonable, Mr. Zundel would be subject to removal from Canada.
Two matters should, in my view, be determined before any such removal occurs.:
(1) the Crown's motion to strike Mr. Zundel's action and
(2) Mr. Charkaoui's leave application to the Supreme Court of Canada on the constitutionality of the statutory theme. (Mr.
Charkaoui's lawyer advises me that it is being prepared and is expected to be served and filed this month.)
Therefore, I write to request that the Ministers agree not to remove Mr. Zundel until (1) and (2) are both determined. Alternatively, will the Ministers agree to give us 15 days notice of any effort to remove him, so that we may have an opportunity to seek appropriate relief in court?
Yours truly, Peter Lindsay
cc: Mr. Murrah Rodych, By fax: 613-842-1345
*************************
January 18, 2005
BY FAX: (416) 954-8982
Mr. Donald A. Macintosh
General Counsel
Immigration Law Section
Department of Justice Canada
The Exchange Tower
130 King St. West, Suite 3100
Toronto, Ontario M5X 1K8
Dear Mr. Macintosh:
Re: Ernst Zundel, Court File No.: DES-3-02
May I please have your response to my letter dated January 12, 2005.
Yours truly,
Peter Lindsay
cc: Mr. Murray Rodych
***********************
January 18, 2005
VIA VACSIMILE
Peter Lindsay
233 Sheppard Ave West
Toronto, Ontario M2N 1N2
Dear Sir:
Re: Zundel, Ernst, Response to Letter dated January 12, 2005
This is in response to your letter dated January 12, 2005.
In your letter, you commented that if the Honourable Justice Blais determines that Mr. Zundel's security certificate is reasonable, that Mr. Zundel would be subject to removal from Canada. You suggested, in light of this possible removal, that you would prefer if the Motion to Strike that is pending before the Federal Court of Canada be determined prior to Mr. Zundel's removal. The Respondent disagrees with this suggestion and would not agree to defer removal pending determination of the Respondent's Motion to Strike by the Federal Court.
Secondly, you suggested that any deportation of Mr. Zundel should be deferred pending determination of the potential Charkaoui Supreme Court of Canada leave application. The Respondent also disagrees that, if the security certificate is found to be reasonable by the Honourable Justice Blais, the Respondent should defer removal of your client in light of potential litigation in another matter before the Supreme Court of Canada.
Finally, you suggest that you would like 15 days advance notice of any effort to remove Mr. Zundel. The Minister of Citizenship and Immigration cannot agree to such a time frame as there is a statutory obligation, when a removal order is enforceable, for the removal order to be enforced as soon as is reasonably practicable.
However, you will be advised when your client's removal is imminent. This will afford you with an adequate opportunity to bring court proceedings to seek a stay of removal.
Yours truly, Donald A. Macintosh, General Counsel, Immigration Law Section.
©-free 2005 Adelaide Institute
