Summation hearings in the Zundel Case: Day 1

Oct 19, 2004

ZGram - Where Truth is Destiny

Yet another day in a Canadian court, as reported by Paul Fromm:

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OCTOBER 19, 2004. TORONTO. The heavy rouge, false eyelashes and the flaming orange fright wig can no longer hide the truth. The Canadian government's case against Ernst Zundel was shown in its full ugliness today, like an old whore stripped of her wig and rouge to reveal the wrinkled, grey, pox-riddled hag underneath. As Justice Department attorney Donald MacIntosh delivered his final summation, it became clear that the Canadian government considers those who question the Holocaust terrorists. As in any Third World despotism, in the New World Order Canada, dissent is deemed a threat to national security. Somehow Mr. Zundel, a lifelong pacifist, who has never been charged or convicted of any crime in Canada, was associated with 9/11 terrorists and Osama bin Laden.

[Mr. MacIntosh railed] against the "pernicious evil of hate propaganda." Referring to the two federal ministers -- Immigration Minister Denis Coderre and Solicitor-General Wayne Easter -- who signed the original CSIS national security certificate, Mr. MacIntosh said: "The ministers have a bona fide belief that Mr. Zundel's distribution of material to Germany, Austria and 40 other countries is a major concern."

Mr. MacIntosh referred to a question asked of CSIS spokesman Dave Stewart in testimony this spring. "Did the illegality of Mr. Zundel's material in Germany and Austria have an effect on his inadmissibility," Mr. Stewart was asked. "Correct," he answered.

Mr. MacIntosh quoted extensively from the Supreme Court Decision in the early 1990s about the Keegstra "hate" propaganda case, where the Court ruled Canada's notorious "hate law", Section 319 constitutional. "The harm caused by hate propaganda constitutes a serious threat to group relations in Canada. Canada's international human rights obligations should inform our interpretation of law," he explained. "Canada has a duty to do something about" such literature.

Hunched like a grey headed Starling, flipping through tomes of legal authorities, and reading passages, his nose not six inches from the text, Mr. MacIntosh charged: "Mr. Zundel seeks to destroy the multicultural fabric of society. We're concerned that certain people Mr. Zundel has connections with have violent, racist tendencies."

The government clearly argued that Canada's obligations to the New World Order must supersede free speech in Canada. "The Ministers have a reasonable belief that Mr. Zundel's material incites violence," Mr. MacIntosh explained.

However, the national security certificate did not say that Mr. Zundel was a threat to Canada's security because of controversial or unpopular views or because, as he said from the witness stand, 'I'm a pain in the ass to the Canadian establishment." On the contrary, Mr. Zundel was accused of being a terrorist. The CSIS Act gives a clear definition of threat to national security. These are sedition (supporting the violent overthrow of the government), espionage, sabotage, foreign directed activities, and advocating or practising serious acts of violence against persons or property to promote one's political or religious views. The balding, 65-year old publisher, pale after 20 months in solitary confinement, would seem to fit none of these definitions.

Mr. MacIntosh reminded Judge Blais: "The role of the designated judge is not to determine the correctness of the certificate, but only its reasonableness." He pointed out that the standard the Crown must reach is very low. "The standard is 'reasonable grounds' which is even less than 'balance of probabilities.' 'Reasonable grounds' means a bona fide belief of a serious possibility based on credible evidence.'"

He then referred Mr. Justice Blais to a decision of the Supreme Court of Canada in the Suresh case: "Danger to the security of Canada should be given a fair, large and liberal interpretation if a person poses a threat, direct or indirect, to the security of Canada."

In his submission, Mr. MacIntosh tried to assail the powerful evidence of former Defence counsel Douglas H. Christie. "Mr. Christie brought forth the 'old-and-out-of-touch' defence," he charged referring to the opinions of Ewald Althans and Terry Long about Mr. Zundel.

With his arms waving and his voice rising and twanging, Donald MacIntosh demanded: "What would happen if Dennis Mahon, who is banned from Canada, snuck into Canada and testified that Mr. Zundel is 'old and out of touch'? What if a young al-Qaeda member said Osama bin Laden was 'old and out of touch,' it would make it a travesty of justice!"

As the hearings started in Courtroom 410, lead Defence counsel Peter Lindsay rose to announce the results of a hearing before Mr. Justice Marshall Rothstein in the Federal Court of Appeals in Ottawa, October 14. The judge set November 23 for a special one day hearing in Ottawa appealing against Mr. Justice Blais's latest and third refusal to recuse himself for the reasonable perception of bias in the Zundel case. The Crown's counter motion to strike the appeal will be heard at the same time. The Zundel legal team won a stay in all but name, as Mr. Justice Rothstein gave a clear direction that Mr. Justice Blais should give both parties seven days' notice before he issues his judgement so that, if the judgement is announced before the appeal is heard, the Defence "may return to this judge on very short notice to continue this stay motion."

Judge Blais agreed to be guided by Mr. Justice Rothstein's direction. "It's a reasonable option. There's no way I'll be able to render a decision by November 23," he said.

The day started with yet another negative decision for the Zundel team. Mr. Lindsay reminded the judge of his statement, September 17: "Mr. Lindsay will start this oral representations on October 19." Crown attorney MacIntosh insisted that he should lead off as his written submission was in first.

In asking the judge to honour his earlier promise, Mr. Lindsay pointed out: "The Crown has many tactical advantages. There are the secret hearings, some even over lunch. The Crown will also have the opportunity for secret submissions in this case. Letting Mr. Zundel go first would be a tiny effort to redress the balance."

The judge announced a half hour recess to consider the motion. During the break, Peter Lindsay whispered to me: "Watch, Blais will screw us again on this procedure."

As predicted, the former CSIS boss returned and reversed his earlier judgement: "The party bringing the matter before the Court goes first. What I said on page 6046 [of the transcript] was a mistake. So, we will go with the usual way of doing things. The Crown will go first." --

The Crown's summation continues tomorrow. -- Paul Fromm

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Table of Contents for additional articles

Revisionism 101: Basic Revisionism

Revisionism 201 for Holocaust Skeptics

"David against Goliath": Ernst Zündel, fighting the New World Order

"Lebensraum!": Ingrid Rimland, pioneering a True World Order