AFFIDAVIT
OF
BARBARA KULASZKA

Court File No. T-567-96

IN THE FEDERAL COURT OF CANADA TRIAL DIVISION
BETWEEN:
ERNST ZÜNDEL APPLICANT
-AND-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION SECURITY INTELLIGENCE REVIEW COMMITTEE
RESPONDENTS

AFFIDAVIT OF BARBARA KULASZKA - APPLICANT

AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION; and SECURITY INTELLIGENCE REVIEW COMMITTEE

REPONDENTS

AFFIDAVIT

I, BARBARA KULASZKA, of the Town of Brighton, Province of Ontario, MAKE OATH AND SAY AS FOLLOWS:

1. I have been a member of the Law Society of Upper Canada since 1980. I practiced law from 1987 to 1994 during which time I acted as counsel to the applicant Ernst Zündel. I presently work as a researcher and work with the applicant's lawyer, Douglas Christie on this file. I have read the allegations contained in the Statement of Circumstances provided to the applicant by the respondent Security Intelligence Review Committee ("SIRC"). I am thoroughly familiar with the background and legal history of Ernst Zündel and swear the following on personal knowledge or on information and belief as the case may be in each paragraph, but if on information and belief I verily believe the same to be true.

2. The applicant, Ernst Zündel, was born April 24, 1939 in Calmbach, Germany. He entered Canada as a permanent resident on September 2, 1958.

3. On October 24, 1993 the applicant applied for Canadian citizenship. A copy of this application for citizenship is attached to this my affidavit and marked Exhibit "A".

4. On August 14, 1994 the Toronto Sun newspaper in its Sunday edition, published a story entitled "Fed Mole Lit Racist Fuse: Paid informant helped found Heritage Front" by reporter Bill Dunphy. A copy of the article is attached to this my affidavit and marked Exhibit "B".

5. On September 10, 1994, the Toronto Star newspaper published an article entitled "Exclusive: CSIS spy snapped in Libya: Portrait of the vanishing spy: Grant Bristow was a man with great contacts and plenty of money to spend." A copy of the article is attached to this my affidavit and marked Exhibit "C".

6. On Monday, September 12, 1994, the House of Commons Sub-Committee of the Standing Committee on Justice and Legal Affairs on National Security began investigating the Heritage Front Affair. A copy of the Minutes of Proceedings of June 7, 1994 and September 12, 1994 of the Sub-Committee on National Security, setting out its mandate and the commencement of its investigation of the Heritage Front Affair, is attached to this my affidavit as Exhibit "D."

7. On September 29, 1994, the Official Opposition in the House of Commons made a motion: "That this House denounces the government for its refusal to set up a Royal Commission of inquiry on the alleged illegal activities of the Canadian Security Intelligence Service." A lengthy debate took place on this motion and the ability of the respondent SIRC to properly investigate the CSIS and the activities of Grant Bristow. A copy of the motion and the first submissions by the Official Opposition, the Reform Party and the answer of the Solicitor General of Canada are attached to this my affidavit and marked Exhibit "E."

8. In December of 1994, the respondent SIRC completed its report on the Bristow affair entitled "The Heritage Front Affair", Report to the Solicitor General of Canada, dated December 9, 1994. The Solicitor General of Canada tabled the report in the House of Commons on December 15, 1994. The SIRC report is attached to this my affidavit and marked Exhibit "F".

9. The activities of CSIS and "The Heritage Front Affair" report by the respondent SIRC became a major news media story. A selection of news stories is attached to this my affidavit and marked Exhibit "G".

10. In the House of Commons on December 15, 1994, the leader of the Reform Party alleged that the SIRC report on the Bristow affair was "a whitewash" and he called on the Solicitor General to agree "that the highly political and completely ineffectual Security Intelligence Review Committee should be done away with." A copy of page 9145 of the Commons Debates of December 15, 1994 recording these remarks is attached to this my affidavit and marked Exhibit "H".

11. The respondent SIRC stated in its report to the Solicitor General:

"...the allegations against CSIS were so serious that the Security Intelligence 'system' established by Parliament in 1984 was in danger of losing the public's trust. Readers of the 'Heritage Front Affair' will be able to judge for themselves the effectiveness of the accountability procedures put in place by the CSIS Act, and the Review Committee's role in that structure." (Foreword, p. 1)

12. The House of Commons Sub-Committee on National Security heard evidence in 1995 on the Heritage Front case and the respondent SIRC's handling of the affair. One witness who testified was Elisse Hategan, a former member of the Heritage Front. Her testimony was reported in the Toronto Star, June 14, 1995 in an article entitled "Report 'whitewash' of spy agency mole." A copy of the article is attached to this my affidavit and marked Exhibit "I".

13. A letter by Maurice Klein, Director of Research of the respondent SIRC, was published in the Canadian Jewish News newspaper on July 27, 1995 in response to an article in the paper criticizing the respondent SIRC's report. A copy of the letter is attached to this my affidavit and marked Exhibit "J".

14. The Minister of Citizenship and Immigration Sergio Marchi wrote on August 5, 1995 to the applicant informing him that the Minister had made a report to the Security Intelligence Review Committee pursuant to s. 19(2) of the Citizenship Act to the effect that there were reasonable grounds to believe that the applicant "will engage in activity that constitutes a threat to the security of Canada." The Minister informed the applicant that this determination was made "on the basis of information and advice provided by the Canadian Security Intelligence Service." A copy of the letter is attached to this my affidavit and marked Exhibit "K".

15. The Toronto Sun newspaper published an article on October 20, 1995 entitled "MPs rip Bristow spying scandal: CSIS broke the law, leaked report says". The article dealt with the report being prepared by the House of Commons Sub-Committee on National Security. A copy of the article is attached to this my affidavit and marked Exhibit "L".

16. By letter dated October 30, 1995, the respondent SIRC supplied the applicant with the Statement of Circumstances made pursuant to s. 19(5) of the Citizenship Act. A copy of the Statement of Circumstances with covering letter is attached to this my affidavit and marked Exhibit "M".

17. Some of the written material, audio tapes and videotapes to be relied upon by the respondent Minister of Citizenship and Immigration and CSIS to establish these allegations were subsequently disclosed to the applicant. The materials relied upon by CSIS to establish that the applicant is a threat to national security include the respondent SIRC's own report, "The Heritage Front Affair." It also included the criminal and/or deportation records of Tom and John Metzger, David Irving, Wolfgang Droege, George Burdi, Terry McAleer, Terry Long, Adam Harris, among others.The index to this material is attached to this my affidavit and marked Exhibit "N".

18. I have been informed by Derek Lee, M.P. and chairman of the House of Commons Sub-Committee on National Security that the sub-committee's report on the Heritage Front affair and the respondent SIRC will be ready procedurally to be released at the end of March, 1996, if the Sub-Committee is reinstated with substantially the same membership in the new session of Parliament.

19. The respondent SIRC in its conclusions in the "Heritage Front Affair" has commended CSIS for its actions in placing a human source in the "extreme right" and has justified its judgment by stating in its conclusion that the radical right wing - in which it clearly includes the applicant - "was and is a threat to the security of Canada."

DATED this 4th day of March, 1996.

______________________________

BARBARA KULASZKA

Sworn before me at the
Town of Brighton, in the Province
of Ontario, this 4th day of March, 1996.
_____________________________________
Commissioner for Taking Affidavits, etc.