January 31, 1998

Good Morning from the Zundelsite:

For the record and posterity, here is an important update from the Zundel legal front: One lost! One won! The show pertaining to the US-based Zundelsite is definitely "on the road" in Canada!

Two days of hearings were involved.

Starting with January 29, 1998:

Ernst flew out to Vanvouver several days ago to appeal a lower Federal Court decision to the higher Federal Court of Appeal.

Doug Christie, main defense attorney of the Zundel legal team, appeared before the Canadian Federal Appeal Court in Vancouver, B.C., Canada. The team tried hard to have an absolutely shocking order by a federal court judge, called Dennault, thrown out as contrary to law and to Canadian tradition, and also contrary to natural justice.

Doug Christie called this order a "nullity". It gave the Canadian Human Rights Commission lawyers, acting as intervenors in their own case about whether they had a right to try Zundel, sweeping powers to cross-examine Zundel and his witnesses - a sweeping privilege ***never before*** in Canadian judicial history granted to an intervenor in a case where their own actions are to come under judicial review!

Thanks to this unprecedented decision, based on the material submitted by these so-called Human Rights Commission lawyers, this shocking Dennault decision is now part of the permanent record of a disgraceful judicial proceeding in Canada - and will be the subject of a complaint to the Canadian Judicial Council.

Boy, are some people leaving an unsavory trail!

The three judges - Stayer, Marceau and Letourneaux (spelling based on phonetics alone) - seemed agitated and appeared frequently short-tempered with Christie from the outset. Christie presented his case in a spirited fashion, despite repeated interruptions and what seemed almost like taunts from the bench.

It quickly became obvious that Ernst would lose this case. The decision read was swift and devastating. It was read after a short break and ***before*** the judges had heard ***one word*** from the Human Rights Commission or Attorney General of Canada lawyers! It was delivered by Mr. Justice Letourneaux.: Zundel should have appealed the order earlier. He should have appealed it to another court. Etc. Etc.

Unfortunately, the Zundel team bears part of the blame because in the blizzard of motions, papers, faxes etc. they did miss an appeal deadline. However, none of the constitutional and other legal arguments - that the decision was a "nullity" etc. - advanced by Doug Christie made any impact! Ernst lost! He now has to pay the costs incurred for the preparation of the research, preparation of documents, time, flights etc. by the CHRC and Attorney General of Canada, for the lawyers of the government and the Human Rights Commission.

The attorneys said that they did not have an amount, but the bill would soon be in the mail.

"Knowing the mood and make-up of the Commission's legal team," says Ernst, ""the price tag will resemble the amount posted in a Middle East bazaar! Haggling will ensue!"

Curtain, Next day, January 30, 1998:

Ernst and his lawyer had to appear to respond to a "contempt of court" motion by the Canadian Human Rights Commission lawyers because he had refused to answer to some of what he believed, and had been advised, were improper questions during cross-examination in September and October 1997, and had not yet honored some undertakings, pending the outcome of some legal maneuvers still in progress.

The Commission wanted him immediately cited and condemned for contempt of court, which is a serious matter, since it can result in a one-year jail term and/or a heavy, crippling fine. The CHRC lawyers also wanted the Judicial Review of the Tribunal Hearings stopped.

This means they were trying to avoid an examination by a regular federal court settling once and for all the all-important issue if the Canadian Human Rights Commission even has the ***right*** to be trying Ersnt for the Zundelsite in the first place!

This is an important issue for jurisdictional reasons because the Zundelsite is, of course, located and operated in the USA, as well as for legal-technical reasons because the Internet is not a telephone and a website not a tape/answering machine.

So this was a very important case! The lawyers mentioned in the paper trail on the Commission's side were Eddie Taylor, Mark Freiman and Ian Binnie, who is now a Supreme Court of Canada judge.

Judge Muldoon of the Federal Court Trial Division presided in this "contempt-show cause" case. This judge seemed increasingly alarmed by what he got to hear and read via the Zundel defence team's presentation. Half-way through the proceedings, it became clear that the Canadian Human Rights Commission lawyers and their "Get Zundel!" case were in very serious trouble!

Judge Muldoon chided them gently and lectured them wisely and repeatedly. He seemed incredulous that he was asked to rule on a case which should not be before him. He quickly saw through their sleazy, unjustified maneuvers. The CHRC had leapfrogged an important level of court proceeding and skipped important legal steps in an obvious attempt just to cause Ernst grief and costs - and, it seems, they had hoped to find a more sympathetic judge than this one!

In the end they were told that their case was dismissed because it had no merit, and they had to pay Ernst's costs for this, which were more than the $1,750 they had leveraged out of him in October via a decision by Judge Rothstein for Ernst's refusal to answer their questions.

Their attempt through the back door to get the whole Zundel Tribunal judicial review matter cancelled by their unfair "show cause" action through a court order failed miserably!

Karma was done! More is to come!

The Zundel team came back with a counter-attack of their own: They wanted firm dates set for a number of motions and events. Judge Muldoon, in no uncertain terms, will finally lay down the law and, hopefully, be able to stop the abuse of the judicial process - such as the underhanded and unwarranted "show cause" trick engaged in by the CHRC and their lawyers in this matter.

Judge Muldoon will lay down three days in April (latest, May) to fix important dates for the judicial review, cross-examination by the Commission of witnesses, and other motions. The judicial log jam will be blasted wide open! The Zundel case will, hopefully, thereafter take on some semblance of proper judicial proceedings - and high time, indeed!

In the meantime, Ernst is getting legal advice on what remedies he has against the Canadian Human Rights Commission lawyers for putting him through these stresses, time-wasting, cost-incurring, harassing and utterly arbitrary proceedings on January 30, 1998 in Vancouver.

Says Ernst:

"It's never over until it's over. I will not let these people use me as a punching bag so they will look good with their lobbyist friends!"

Stay tuned to the Zundelsite!

Ingrid

Thought for the Day:

"Once you've taken a public stand you know is right, never back down; anything less than a rock-hard stance will let your enemies nibble you to death."

(Neil Smith)

Comments? E-Mail: irimland@cts.com

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