While we have won an impressive victory in the U.S. on one
important front of our two-front war against the Holocaust Enforcers, in
Canada the race is against time. Judge Blais has dropped all pretense of
fairness - not that he ever bothered much to pretend any fairness to begin
with - and is trying to rush Ernst's case to conclusion. I don't know of any
case at this time that so shows up the judicial corruption across borders as
the Zundel case.
When I talked to Ernst yesterday, he stressed over and over
that it is imperative to make it very clear that this case is not merely a
"deportation" or even a legitimate political
"extradition." In fact, it it is a RENDITION where countries do
each other favors by sacrificing politically inconvenient individuals such
as Arar and Zundel. In addition to the arrest and detention in the US and
then in Canada, in Ernst's case there is the added service Canada provides
to the neo-con agenda in the U.S.: TO DO THE LABELING.
Why? Very simple. Those neo-cons in Washington are woefully
short of believable "terrorists" and need to have their victims be
officially declared as "terrorists" so as to place false flares
and cover up their own nefarious deeds. Judge Blais, bared teeth and all, is
striving mightily to be obliging.
Dear Free Speech Supporter:
Things are moving fast in the "certificate
review" hearing of German dissident publisher Ernst Zundel who has
spent nearly 18 months in solitary confinement in Toronto's Metro West
Detention Centre.
Contrary to the announced schedule, there will be no
hearings Monday or Tuesday of this week. Court will resume on Wednesday at
9:20 at 361 University Chi-Kun Shi, Mr. Zundel's co-counsel told me this
afternoon. A planned witness will not be called. Mr. Lindsay has made a
new motion calling on Mr. Justice Pierre Blais to recuse (remove) himself
from the case for the appearance of bias suggested by many of his rulings.
However, the Crown insists it needs more time to prepare its case. So,
arguments will not be heard until September.
On Wednesday, August 11 arguments will be heard on the
continued detention -- it now is taking on the appearance of unlimited
jailing without charge or trial -- of Canada's most famous political
prisoner, Ernst Zundel. In January, former CSIS boss Judge Blais decided
that the 64-year old German pacifist would have to remain in prison as it
was likely that he was a "terrorist" and, therefore, a threat to
Canada's national security. An adult lifetime in Canada in a media
fishbowl, frequently under police surveillance, with CSIS, at least in
1995 opening his mail, Mr. Zundel had never been charged much less
convicted of any violent act. Still, the judge's preposterous conclusion
was based on secret evidence, neither Mr. Zundel nor his counsel have seen
and, therefore, cannot challenge or refute.
In accordance with a ruling by Mr. Justice Blais, July 27,
Defence counsel Peter Lindsay has served former CSIS hireling John
Farrell's teachers' college, his school and his employer, the Metro
Separate School Board. This service constitutes proper service, as Mr.
Farrell with the help of his principal, evaded service and ran away from
Peter Lindsay in May, when he tried to serve him a subpoena. The new
subpoena is returnable August 11. So, there may be fireworks on that
score.
"It now looks as if the proceedings will stretch into
October," Chi-Kun Shi said.
In a disturbing development, Supreme Court Justice
Bastarache took literally minutes to turn down a motion from Peter Lindsay
calling for a stay of proceedings, until the Supreme Court can decide
whether to grant leave to appeal several key procedural and constitutional
questions.
Chi-Kun Shi noted that July 27 was the deadline for
submissions. The Defence's brief alone was an inch thick and the Crown had
made submissions and the Defence had offered a further five pages of
rebuttal. "How could all this be read on the very day it was
due?" she wondered.
Thus, it remains a race against time, with Judge Blais
trying to rush the hearings to a close before the Supreme Court decides
whether to grant leave to appeal.
Is the Supreme Court trying to avoid making a decision on
the substance of the Zundel case by waiting to announce its decision on
the application for leave to appeal until the case is moot and Mr. Zundel
is out of the country in a German jail?
Paul Fromm
Director
CANADIAN
ASSOCIATION FOR FREE EXPRESSION