ZGram - 11/26/2003 - "Another legal round lost in Absurdistan"
zgrams at zgrams.zundelsite.org
zgrams at zgrams.zundelsite.org
Wed Nov 26 06:15:20 EST 2003
Zgram - Where Truth is Destiny: Now more than ever!
November 26, 2003
Good Morning from the Zundelsite:
The article below is self-explanatory. The Zundel Legal Team has
lost another round in Absurdistan. I consider the article itself
fair except for the final comment that Ernst "fled" to the United
States "to be with his wife".
Ernst did not "flee" anything or anybody. Both he and I together or
he alone traveled back and forth to Canada after we were married in
2000, because Ernst kept his publishing business going in Canada for
an entire year while the Human Rights Tribunal against the Zundelsite
was still in session.
It is true that he gave up on believing that justice could be had in
Canada after this same Tribunal ruled that "Truth is not a defense."
In its final judgment, the Tribunal admitted that the ruling against
Ernst was "symbolic" and could not be enforced. They admitted that
had they allowed me to testify, as I offered at my own expense and
inconvenience, the five-year-human rights tribunal hearings could
never have been conducted.
Ernst will be meeting with his attorneys today to decide which legal
front to tackle next. Here is the wire article itself:
[START]
Wed, November 26, 2003
Ontario judge rules she doesn't have jurisdiction to hear Zundel Charter case
TORONTO (CP) - Holocaust denier Ernst Zundel has lost his bid to be
released from prison while his immigration case is heard.
Zundel's lawyers had argued in Superior Court that his continued
detention was a violation of the Charter of Rights and Freedoms and
also challenged the validity of the Immigration and Refugee
Protection Act. Ontario Superior Court Justice Mary Lou Benotto ruled
Tuesday in favour of the Crown, which had sought a stay of
proceedings on the grounds the matter should be dealt with in Federal
Court. Zundel's lawyer, Peter Lindsay, said his client is
disappointed with the decision.
All Canadians should be concerned that the Immigration and Refugee
Act allows people to be "incarcerated in solitary confinement for
months or years without ever being accused of a crime," Lindsay said
in a statement late Tuesday.
In her decision Tuesday, Benotto wrote: "This court declines
jurisdiction and grants the Crown's motion.
"The application here is an attempt to bypass the comprehensive
statutory scheme and usurp a process currently underway," said
Benotto. "The applicant has not met the test to have this court
assume jurisdiction and it would be inappropriate to do so."
Zundel, who has no criminal record in Canada and is not facing any
charges, has been in solitary confinement since February after being
deported to Canada for overstaying a visitor's visa in the United
States.
He is being held in jail on a security certificate while the courts
determine whether he is a security risk to Canada and should be
deported to his native Germany.
The detention review to determine whether Zundel, 64, is a risk to
Canadian security is scheduled to resume Dec. 10.
When he was jailed in February, Zundel applied for refugee status in
Canada. He was denied release by the Immigration and Refugee Board
three times before Ottawa suspended the application May 2, one day
after the security certificate was issued.
Zundel, who has lived in Canada since 1958, fled to Tennessee to be
with his wife before a January 2002 ruling by the Canadian Human
Rights Commission that a website he controls spreads anti-Semitic
messages.
He remains in solitary confinement at Toronto's Metro West Detention Centre.
[END]
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