Oct 1, 2004
ZGram - Where Truth is Destiny
During this latest Zundel persecution bonanza, now projected
to stretch into its third year, Canadian Jews have alternately gloated and
yammered -gloated that they have their favorite villain finally securely in
their clutches after having kidnapped him, and yammered that he is still
putting up such a spirited fight, instead of cringing at their feet,
mumbling his mea culpas, like everybody else.
As part of his defiant struggle against the "security
certificate" eyesore on a decrepit body politic, Ernst Zundel put three
challenges to the Supreme Court of Canada.
The first of these applications for leave, as it is called.
was filed last May, meant to test the constitutionality of Canada's Secrecy
Act. Will the Canadian Supreme Court really be willing to turn that
country's Anglo-Saxon majesty of law - a system worth a thousand years of
civilized, elegant refinement - over to Canada's bad-mannered spooks?
The second challenge was meant to test the power of a judge
who blatantly runs interference for CSIS in one such "security
certificate" circus. Is there any legal recourse left to put some
brakes on an abusive judge?
The third challenge was more or less just a technical one,
having to do with jurisdiction - in other words, a challenge to a gutless
system beholden to its spooks, willing to bounce a victim from court to
court, draining his resources and grinding him down, with judges of various
courts playing ostrich.
Ernst Zundel lost his third challenge first. It happened
during summer - Supreme Court judges were probably relaxing on a beach or
taking free excursions to the state of Israel. Only one judge - an outspoken
Zundel enemy of long standing - took less than a day to knock it right into
the gutter.
The second challenge, with Judge Blais's abominable abuse of
power documented for all the world to see, was lost yesterday. To put it in
legalese language, the application raised the issue of whether there are
rights to appeal interlocutory (not final but interim) decisions during a
security certificate review. This is an important issue which affects not
only Ernst but all security certificate cases, because there can be many bad
interim decisions which should be appealable, but now won't be appealable in
any security certificate cases to come.
Defense Attorney Peter Lindsay's office sent me a short
email stating: "Unfortunately the Supreme Court has, without reasons,
refused yesterday to hear this appeal. The lack of reasons is typical on
leave applications."
All right. So no reasons were given. Maybe there weren't
any? Inquiring minds might have wanted to know.
What is also noticeable is that, this time around, the
Canadian papers seem to be very restrained. I haven't seen a single op ed
piece, or any commentary. The handful of write-ups that have come my way
were copied verbatim and read like this one, below:
[START]
Zundel loses Supreme Court challenge
Broadcast News (National Post) Thursday, September 30, 2004
Holocaust denier Ernst Zundel has lost another bid to
challenge the federal government's claim that he's a security threat.
The Supreme Court of Canada refused Thursday to hear
Zundel's argument that he's being treated unfairly because some of the
evidence against him remains secret.
Ottawa filed court papers last year saying Zundel was a
threat to engage in terrorism or other violence and should be deported.
The so-called security certificate is based on secret
intelligence, some of which has been shared with a Federal Court judge but
hasn't been made public.
Zundel wanted to force the government to hand over the whole
file.
Federal Court rejected the demand. That decision will stand
now that the Supreme Court has refused to get involved.
Zundel remains in custody while the deportation case against
him continues.
© Broadcast News 2004
http://www.canada.com/national/nationalpost/news/story.html?id=a926feb6-247c-4a7
d-bedb-67963e95d951
For us, this news was a setback, of course, but not
unexpected. Ernst and I have often talked about it - that the Canadian
Supreme Court will not easily challenge the "Act" by letting Ernst
Zundel be the winner. This is a country that likes its villains raw - at
least if you believe the media. If the judges should decide to back-track at
all, even a little bit, and put some brakes to their mini-Mossad's uncouth
behavior, they are going to do so by choosing someone obscure so they don't
have to deal with the Israel Firsters on their backs.
When I asked what this latest Supreme Court defeat meant,
not just for Ernst, but for Canadians, he said calmly - and here I have to
paraphrase as I remember it:
"It means that every poor dupe scooped up in a
"security certificate" sweep who comes after me will have not a
chance of that snowball in hell to challenge any of the judge's decisions.
There won't be even any point to try. His goose will be cooked while he will
be asked to stoke his own fire. It has always been a feature of Anglo-Saxon
law that there were review mechanisms every step of the way built into the
system - where one could challenge bad decisions and get someone to take
another look. A precedent has now been set, and Canada will have to live
with it. A pity."
And then he said something remarkable - he started talking
of some future plans that some of us cherish and have already half-achieved.
He even did so in romantic terms, with hidden laughter in his voice, telling
me sweet things of the beauty of sunsets on a heavenly sky to be observed
and relished from one of our Tennessee mountains - in safety, in peace, once
all the devils on earth have had their last run.
I said through gritted teeth: "I am amazed at you! Here
you are, just having taken yet another vicious blow, and you try to give
comfort to me? Nobody asks that much of you."
Ernst said: "I have been my own son for a long time. I
know how to talk to myself. I have had practice talking to myself."
"Tell me. How do you do that?"
"Look, these are the death throes of a system that is
dying. There is no way this system can sustain itself for any length of
time. It is finished. It is utterly, utterly finished. It is anti-Nature,
and anti-Nature cannot win. Nature will win. There is such a thing as shelf
life to ideas. Liberalism as an idea has failed. The neocons' ideas in
Washington have failed. Israel as a viable idea has failed. What we are now
experiencing is just a blip on our radar screen. It means nothing, in the
larger scope of things. All we have to do is just hang in there and do what
we know we must do."
Okay, two down - one more to go!
I said, "Given this setback, the habeas
corpus/constitutional issues application is probably finished as well? I
mean, what can you expect from this court, after two contemptuous judgments
against you? You are going to lose the last one as well."
"I wouldn't say that. The two that we lost were
peripheral issues. The one that is still pending, that is right now before
the Supreme Court, is the Canadian version of the American Patriot Act. That
is the serious, substantial one - is Canada willing to sign off on Freedom?
You and I, two immigrants who came to this country with nothing, have put
that question to the Court, with the help of our handful of loyal
supporters. Just because they hate Ernst Zundel and want to please the
aliens in their midst - are they going to be rubber-stamping Stalinist
dictatorship? For good?"
"What do you think?"
"Time will tell. Time will surely tell. It could happen
very fast. Either way."
Of course I have a stake in the outcome. I want my husband
back. However, I can't close my eyes to the reality of a sublime, sad,
transcendental justice where the Final Zundel Act might leave a legacy that
every person in that once so lovely, innocent and unspoiled country that we
knew when we were young will have to pay for with its tears.
===== ===== =====
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Find out who this "premier thought criminal" really is -
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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
Write to Canada's Prime Minister and complain
over the unfair treatment Ernst Zündel has received.
Prime Minister Paul Martin
House of Commons
Parliament Buildings
Ottawa, Ontario
K1A 0A6
Telephone: (613) 992-4211
Fax: (613) 941-6900
Email: Martin.P@parl.gc.ca |
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