Last night, I talked to Ernst after he came back from the
bail hearing. He says it was a stunning day. In Ernst's words, "Canada
hasn't seen anything like that in court in the last 200 years..."
What happened? In essence, Judge Blais was outed by the
Zundel Defense as having been involved with CSIS, the Canadian civilian spy
agency, in ways that should have disqualified him from the start from ever
presiding at these hearings!
We will see what will happen today! Here is Paul Fromm's
write-up, meanwhile:
CHRISTIE DEMANDS JUDGE RECUSE HIMSELF FOR CSIS
CONNECTION
November 6, 2003
As Ernst Zundel struggled into Court this morning dragging
his heavy volumes of legal papers in a pillowcase, his 25 supporters who
packed the courtroom noticed that he was hampered by handcuffs. His
supporters greeted Mr. Zundel at this latest round of hearings into bail,
a hearing now into its eighth day, with a round of applause.
The combative spirit carried over into Doug Christie's
bombshell opening. Mr. Christie moved that the judge Mr. Justice Pierre
Blais, who had been Solicitor-General in 1989 during the Mulroney
government recuse himself for reasonable apprehension of bias.
"You were in charge of the Canadian Security and
Intelligence Service when you were Solicitor-General," Mr. Christie
observed. "It is inappropriate for you to sit in judgement when CSIS
in bringing evidence before you in secret."
An obviously upset Blais repeatedly interrupted Mr.
Christie as he put his motion. "This is a motion asking you to recuse
yourself on reasonable apprehension of bias," Mr. Christie said, his
voice rising during Blais repeated interruptions. "CSIS
representatives appear before you. Because of cabinet secrecy, we do not
know your involvement with Mr. Zundel's case. We have reasonable grounds
to believe that Mr. Zundel was a subject of CSIS surveillance. I was
concerned about your remarks about COVERT ENTRY being a novel."
Mr. Christie was referring to John Mitrovica's book
exposing CSIS's scandals, including their opening Ernst Zundel's mail and
telling their operatives who were opening mail, in May, 1995 not to touch
any package from Vancouver addresssed to Mr. Zundel. One such parcel
containing a powerful pipebomb was delivered to Zundel. CSIS apparently
knew it was coming and did nothing.
As a former cabinet minister in charge of CSIS, "it
was your duty to let us know if you had contact with one of the
parties," Mr. Christie chided the judge. "The relationship
between you and CSIS is not arm's length. You were the minister to whom
CSIS reported. You were their boss."
"CSIS," Mr. Christie continued, "has a
vested interest in discrediting Ernst Zundel and destroying him and having
him deported. He's an embarrassment to CSIS because, we alleged, Mr.
Zundel was the recipient of a bomb they knew about. You will be sitting in
judgement about accusations of CSIS over whom you were boss."
Mr. Christie urged: "In my respectful submission, you
should have disqualified yourself, as you had to sit in judgement over the
integrity Of CSIS."
"There's no right to cross-examine CSIS's secret
evidence. I have no way of knowing whether CSIS brought up Mr. Zundel
during your period in office. ... We will argue that CSIS has acted in bad
faith and with outrageous misconduct towards Mr. Zundel."
A very aggressive Mr. Justice Blais accused Mr. Christie
of "wasting the Court's time" and seeking to "derail the
hearing." Crown Attorney Donald MacIntosh said these charges against
the judge are very serious. Both he and Mr,. Christie urged that the
hearings be adjourned until Mr. Justice Blais rules on the motion for
recusal.
Despite this, Blais ploughed ahead. He will be receiving
written submissions on Mr. Christie's recusal motion and will rule on
December 10.
In the afternoon, Mr. MacIntosh resumed his
cross-examination of Ernst Zundel. He put to him the fact that in THE
CANADIAN 100, by Jack Granatstein, Ernst Zundel is listed as the 43 most
influential Canadian of the 20th century. "I'm a lowly German
immigrant who made 43 of the 100 people who most influenced Canada. Thanks
to me,the false news law was struck down. Mr. MacIntosh, that is my gift
to Canadians."
Mr. MacIntosh asked about the earnings from Ernst Zundel's
distribution of literature.
Doug Christie objected repeatedly. "Can you tell me
how this is relevant as to whether Mr. Zundel is a threat to national
security? There is absolutely no legal justification to ask how much Mr.
Zundel made from legal activities."
Mr. MacIntosh said: "It will be our argument that
sending this material to 41 countries is a threat to national
security," and one reason we oppose Mr. Zundel's release from
detention." Mr. Zundel had testified that the bulk of his income had
come, not from book sales, but from donations,
An incredulous Doug Christie said: "I submit your
Lordship should be outraged at the suggestion that one reason a person
should be detained is to prevent him from raising funds for his
defence."
The judge's decision was curt. "Objection dismissed.
All relevant facts are to be gathered to assess the certificate filed
before us."
Later that evening, Mr. Christie was honoured for his 20
years battling for free speech in the Zundel case. Wolfgang Mueller and
Karl Ruppert of the German World Federation paid tribute to Mr. Christie's
commitment to free speech. Mr. Ruppert made Mr. Christie an honourary
member of the German World Federation.
Paul Fromm presented Mr. Christie with a plaque topped by
a Red Ensign, "the flag of the real Canada, before the erosion of the
protections of Anglo-Saxon justice," he said in his presentation. The
crowd of 80 gave Mr. Christie a standing ovation as he received the plaque
which read: "The Canadian Association for Free Expression proudly
salutes and honours Douglas H. Christie for outstanding courage and
dedication to the cause of freedom of speech, for tireless work and
advocacy for the cause of liberty, and, particularly, for self-sacrifice,
skill and determination in 20 years of battling the Zundel case. Presented
November 6, 2003"
FOR ANY DONATION OF $10 or more, you will get a frameable
copy of a sketch produced in prison.
Checks, cash, or money order are okay. I am working on the
credit card situation since PayPal kicked me off after I raised $9,000 in
just a few days for a full-page ad in a major Washington paper.
