Zundel Case: Supreme Court of Canada refuses to grant leave

Oct 22, 2004

ZGram - Where Truth is Destiny

Just as we expected, the Supreme Court of Canada turned us down. Not one of us is surprised.

Don't think this is the end.

Mike Rivero of www.whatreallyhappened.com wrote:

[START]

For those who have not been following the story, Ernst Zundel has not committed any crimes. He has not encouraged others to commit crimes. The public portion of his trial in Canada has demonstrated that he is a peaceful man.

But certain vested interests want Zundel sent to Germany, where he can be jailed for asking a question that those vested interests don't actually have an answer for. The problem is that it is the extreme actions those vested interests have gone to to silence Zundel which has most called into question the very dogma they espouse.

***I personally did not pay attention to what Zundel was saying until I saw the extreme measures being used to silence him.*** [Emphasis added]

Truth needs no laws to support it. Throughout history only lies and liars have resorted to the courts to enforce adherence to dogma.

[END]

That is exactly how I found Revisionism - and found Revisionism compelling! For me, it wasn't the historical documents and forensic arguments that made me want to help bring Truth in History to ever new, ever more committed people - it was the brutal, even deadly persecution of people like Ernst that convinced me.

No race that is innocent behaves in such hysterical fashion! The Holocaust Lobby is guilty as hell for having poisoned the planet with lies!

More and more people are finding us and putting their own shoulders to the wheel. As for myself, I am so immersed in new projects that are more of a public relations nature and VERY exciting that, once again, I will make it easy on myself: I am sending you an excerpt of Paul Fromm's write-up as well as the Globe and Mail take on the oral summary argument of the Zundel Defense.

Tomorrow I will be sending you the written summary - one of the most stunning documents that I have ever seen! It's fascinating reading even for those of us who find it difficult to plow through legal transcripts.

Here's Paul Fromm:

[START]

Dear Free Speech Supporter:

Today the Supreme Court of Canada refused to grant leave for Ernst Zundel to appeal the decision by the Ontario Court of Appeals upholding a lower Court's refusal to hold a habeas corpus hearing into the detention of political prisoner Ernst Zundel, who has been held in solitary confinement in a Canadian jail for 20 months. This was a jurisdictional point. Mr. Zundel contended that the Ontario Court, because it provides a hearing much more quickly, was open to him. The appeals court ruled that the Federal Court, where motions sometimes take five years, took precedence. The Supreme Court refused to hear the appeal.

It must be said that the decision by Justices LeBel, Bastarache and Deschamps won't surprise Ernst Zundel. He has commented to me on the increasingly politicized Court, pointing to the recent appointments of two social engineering radicals Madame Justice Charron and, of course, (...) Rosalie Abella. The three judges, according to the Supreme Court of Canada website, ruled thus: "The application for leave to appeal is dismissed with costs." The final financial stiletto of loading Mr. Zundel with the Crown's costs is in keeping with the trend toward making justice inaccessible for all but the very rich or the poor, funded with taxpayers' money.

On September 29, the same three judges refused to grant Mr. Zundel leave to appeal the startling decision by the Federal Court of Appeals that seemed to make new law, by ruling that not only is Mr. Justice Pierre Blais decision in the Zundel national certificate review unappealable, but so too are all his interlocutory (procedural) decisions along the way. Thus, the judge in these national security cases can be an unchecked dictator.

Where do we go from here:

• On November 1, the certificate review continues before Mr. Justice Blais with Peter Lindsay continuing his stirring summation for the defence, which should last another two days.

• On November 23, the Federal Court of Appeals in Ottawa will hear an appeal against Judge Blais refusal to recuse himself for a reasonable apprehension of bias. This motion -- the third (!) recusal motion -- was heard on September 14. The motion details a series of blatantly prejudicial rulings and manifestly unfair behaviour on Blais's part. Should it succeed, it might well send everything back to square one before a new judge.

• And some more surprises I cannot share at this moment.

Unafraid and unbowed, the German revisionist publisher continues to sit in his Toronto prison, not charged and no guilty of any crime in Canada. His legal team fights on.

[END]

Below, the Globe and Mail article:

Judge accused of 'misguided approach' in Zundel case

Blais guilty of dispensing 'secret justice,' lawyers for Holocaust denier assert

By KIRK MAKIN JUSTICE REPORTER 

Thursday, October 21, 2004 - Page A5

Holocaust denier Ernst Zundel's lawyers have accused a Federal Court judge of running an error-plagued deportation hearing that "cheapens and degrades" the justice system.

In scathing arguments that took them into terrain where few lawyers have dared to tread, defence lawyers Peter Lindsay and Chi-Kun Shi accused Mr. Justice Pierre Blais of actively embracing the secrecy of Canada's anti-terrorism law.

The federal government has invoked the law's security-certificate procedure in an attempt to deport Mr. Zundel as a threat to national security.

The lawyers said that what they called Judge Blais's "misguided and unchecked" approach to national security has meant that Mr. Zundel -- whom they described as a long-time pacifist with no criminal record -- has been plunged into an 18-month ordeal of solitary confinement and legal unfairness.

They said Judge Blais seems unable "to even understand simple submissions," and that a colossally unfair proceeding has devastated Mr. Zundel's right to fairness and brought the justice system into disrepute.

Evidence in security-certificate proceedings is presented to the judge in secrecy and not revealed to the defence.

"Maybe no one cares, because this is only the notorious and reviled Ernst Zundel," Mr. Lindsay and Ms. Shi said in a written submission. "But it is not only Ernst Zundel. The apparent approach of the court in this case cheapens and degrades all participants in this important part of our system of justice -- and our system of justice itself. Mr. Zundel is thus at the mercy of a secret proceeding and of the judge conducting it.

"Secret justice, dispensed in the way it has been in this case, is no justice at all. It is Mr. Zundel's plea that this court look at the mistakes it has made and change its approach with respect to this matter, in order to appear more even-handed and fair."

The defence attack was the culmination of steadily mounting frustration in the courtroom. Mr. Lindsay and Judge Blais have had repeated testy exchanges in recent months, usually over Mr. Lindsay's right to call or cross-examine witnesses.

The defence has tried twice to have Judge Blais -- a onetime solicitor-general of Canada -- recuse himself. An appeal of his refusals will be heard next month in the Federal Court of Appeal.

Mr. Lindsay argued in court yesterday that the proceeding is a perversion of what the security-certificate legislation was intended to do, that is, to roust out genuine terrorists who could wreak havoc on the country.

Mr. Lindsay said the secrecy provisions have allowed government lawyers to produce next to no evidence in the public segments of the hearing. Meanwhile, behind closed doors, he said, they have inevitably trotted out a melange of hearsay and baseless accusations that cannot be challenged.

"The public case is non-existent," Mr. Lindsay said. "It is devoid of evidence. It is an ocean of innuendo and implied involvement of Mr. Zundel in inspiring other people to commit acts of violence or terrorism -- without ever providing any proof . . .

"The public case goes far beyond guilt by association," he continued. "It is guilt by contact. I don't say this easily, but it makes McCarthyism look reasonable."

Mr. Lindsay said that Judge Blais has heard persuasive evidence that, far from inciting young hotheads of the far right to engage in violence, Mr. Zundel has denounced violence and condemned those who indulge in it.

He said that Mr. Zundel has built his life around peacefully arguing that the Holocaust has been exaggerated, resulting in the unfair vilification of the German people.

Otherwise, Mr. Lindsay said, his client lived a blameless life in Canada for 42 years, never producing a single pamphlet or newsletter that advocated violence.

"According to the Crown, Mr. Zundel apparently woke up one morning in 1990 and became a terrorist," Mr. Lindsay said. "Here is this great purveyor of literature who distributes material all over the world, yet they can't come up with one [item] showing him advocating violence."

Mr. Lindsay said there is great irony in Mr. Zundel having repeatedly become the victim of violence. He said that his client's home was vandalized and ultimately burned down. Mr. Zundel has also been attacked outside the courthouse and received any number of death threats and letter bombs, Mr. Lindsay said.

The case has adjourned until early November.

[END]

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Reminder:

Help free Ernst Zundel, Prisoner of Conscience. His prison sketches - now on-line and highly popular - help pay for his defence. Take a look - and tell a friend.

http://www.zundelsite.org/gallery/donations/index.html

Contribute to Ernst Zündel's Defence

Table of Contents for additional articles

Revisionism 101: Basic Revisionism

Revisionism 201 for Holocaust Skeptics

"David against Goliath": Ernst Zündel, fighting the New World Order

"Lebensraum!": Ingrid Rimland, pioneering a True World Order