Canadian Free Speech League

Canadian Free Speech League

PO Box 101, 255 Menzies Street,

Victoria, BC. V8V 2GC

Canada

August 10, 2004

Dear Friends of Freedom:

Re: Michael Seifert, Ministerial Discretion until Sept. 25, 2004

As you know, Mr Justice Romilly ordered Michael Seifert deported as of September 2003. From that judgment, I have appealed. The appeal has not been heard or even set for hearing. This is simply because the Minister has a discretion under the Extradition Act (1999,c.18) to decline to issue an extradition order if he so wishes for the reasons set out in Section 44 (1), which reads as follows:

Reasons for Refusal

44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that:

(a) the surrender would be unjust or oppressive having regard to all the relevant circumstances;

(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability, or status or that the person's position may be prejudiced for any of those reasons.

This could render the appeal moot and unnecessary if the Minister makes the right decision. I am writing to advise you of some reasons why the Minister should decline on humanitarian grounds to order Michael Seifert extradited. I suggest the following reasons. They are not exhaustive. You may have more or better reasons and I wish you could state them in the letter attached to the Minister. DO NOT COPY this letter. Use your own words. Be respectful and send us a copy.

Suggested Reasons for Refusal to Surrender

1. Italy tried Mr Seifert in absentia and convicted him before seeking extradition knowing all along where he lived openly in Vancouver.

2. Camp Commandant Tito was alive in 2000 and could have testified for Michael Seifert, as he (Tito), was never charged with War Crimes or Crimes against Humanity.

3. Michael Seifert at 80 years of age is frail as a result of a fall May 30, 2003. His memory is affected, he has very little money to mount a defence, and his witnesses are dead from the passage of 60 years. He is unable to cope with a trial in a foreign land and language.

4. If anything happened in the Bolzano Camp when Mr Seifert was 20 years old, a prisoner himself, it is not a war crime if not pursuant to military discipline and he has fully rehabilitated himself by 60 years of impeccable good citizenship and fatherhood.

5. To force Mr Seifert out of his home of 50 years to face charges from people who rely on 60 year old memories and books or films they have seen is such a miscarriage of justice as to bring the administration of justice into disrepute and should be prevented by your discretion.

6. The Minister of Justice, Irwin Cotler who was the head of the Canadian Jewish Congress previously and who vigorously lobbied the government to enact these laws and prosecute these cases is uniquely unsuited to sit in judgment on a case where he has openly lobbied and advocated for the prosecution. For him to exercise his discretion in these circumstances brings the administration of justice into disrepute.

7. The policy of extradition and prosecution is being selectively enforced in regard to Second World War events against German soldiers and Nationals and is ethnic discrimination.

Remember - a few moments of your time could save an old man's life and his wife and son a whole lifetime of grief, misery, and sadness. We need your help now!

I want you to understand a few more things beyond my letter of August 10, 2004. First of all, the Canadian Free Speech League is endeavouring to cover the cost of Mr Seifert's defence. Secondly, although the trial judge, Mr Justice O'Reilly on July 20, 2004 ordered the crown to pay the costs of counsel fees while away in Italy for two weeks on commission evidence, the crown has now chosen to appeal that judgment and is trying to make me pay these costs myself. I am by no means rich but I am dedicated to Mr Seifert's defence. If need be, this is a cost I will try to bear. The Canadian Free Speech League needs donations to cover the costs of Mr Seifert's defence and I can give you an indication of what the cost of the transcripts of the extradition hearing are because we have an estimate from the reporter, it is $22,896.40.

In addition to the extradition appeal, we of course have to deal with the simultaneous legal proceedings of the same department of justice, proceeding on the citizenship front. This means that Mr Seifert is being attacked from two sides at the same time. This huge cost of defence is borne primarily by Mr and Mrs Seifert. They have exhausted their funds (with the exception of their home). I want them to keep their home. Your donation to the Canadian Free Speech League, on the self-addressed envelope enclosed will make possible some assistance to Mr Seifert in these difficult circumstances. I hope you can make a generous donation. In any event, the defence of the supposed wartime events is a very heavy burden on a man denied legal aid, who worked all his life and paid taxes in this country, supporting a family, and building a home. At 80 years of age to find he has to defend himself against something that happened 60 years ago is a terrible ordeal. It is a tragedy with which you could provide some assistance. A donation to the Canadian Free Speech League would help.

Yours truly

Douglas H Christie

Canadian Free Speech League

Please make cheque payable to Canadian Free Speech League and enclose in the self-addressed envelope provided.