ZGram - 8/6/2003 - "Six months after incarceration for a bureaucratic snafu not of his doing, Ernst Zundel is still not allowed items for very basic comfort"

zgrams at zgrams.zundelsite.org zgrams at zgrams.zundelsite.org
Wed Aug 6 02:48:54 EDT 2003




ZGram - Where Truth is Destiny:  Now more than ever!

August 6, 2003

Good Morning from the Zundelsite:

Here is a follow-up letter from Paul Fromm, highlighting once more 
the difficult situation in which Ernst finds himself where he is 
systematically prevented from assisting in his own legal defense:

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Canadian Association for Free Expression
Box 332,
Rexdale, Ontario, M9W 5L3
Ph: 905-897-7221; FAX: 905-277-3914

Paul Fromm, B.Ed, M.A. Director

August 5, 2003

Mr. Fred Williams,
Assistant Regional Director,
Adult Institutions,
Ministry of Public Safety and Security,
Etobicoke, ON. 
BY FAX: 416-314-0527

Dear Mr. Williams:

	Further to our telephone conversation today, I am writing to 
convey serious concerns about the incarceration of Ernst Zundel at 
the Metro West Detention  Centre. I write as Mr. Zundel's legal 
representative.

	As you know, Mr. Zundel has been convicted of no crime and is 
being held in detention under a disputed immigration matter. He is 
not a criminal, but a detainee. Also, he is 64 years of age and in 
questionable health. While he has had extensive experience before 
Canadian courts, he has never been convicted under the Criminal Code. 
He had never been charged, much less, convicted of an act of 
violence. He has a long history of compliance with the legal system, 
including 11 bail orders. He is by religious belief a pacifist. He is 
also a health devotee and abhors drugs and smoking.

	I mention all this, as his profile is likely very different 
from that of your average inmate. His age and history would seem to 
dictate some consideration.

	Mr. Zundel is faced with a number of very complex legal 
cases: 1. an appeal against an Immigration and Refugee Board decision 
that he is no longer a landed immigrant; 2. a bail request pursuant 
to a detention order, following a CSIS certificate, under the 
Immigration and Refugee Protection Act (next dates for this are 
September 23 and 24); 3. challenge of the reasonableness of the CSIS 
certificate declaring him a threat to national  security; 4. a habeas 
corpus motion in Provincial Court challenging his continued detention 
(to be heard October 10);  5. a motion seeking leave to seek judicial 
review of a Canadian Human Rights Tribunal decision of January, 2002; 
and 6. a motion before the Sixth Circuit Court of Appeals in 
Cincinnati seeking redress for his illegal deportation from the U.S., 
February 19, 2003.

	Just the documentation for challenging the CSIS certificate 
amounts to five thick volumes of documents, as well as a 50-page 
report. There may well be transcripts to come. It is a fundamental 
right of natural justice that a prisoner be able to assist in his 
defence. To do that, Mr. Zundel needs a pen, coloured highlighter, 
post-it notes (for markiing pages) and paper clips. When he learned 
that all Mr. Zundel has been allowed are pencil stubs like those you 
might use to mark your score in a bowling alley, Federal Judge Pierre 
Blais commented last Wednesday: "Even in mediaeval times, prisoners 
were allowed to use pen and paper. I also have respect for Mr. 
Zundel. He is not a criminal. He is entitled to a little bit of 
flexibility."

	Mr. Zundel is also not allowed a chair or a pillow. Surely, 
this treatment has nothing to do with security and seems more like 
disciplinary punishment. Yet, Mr. Zundel has zealously sought to 
comply with directions he's received in the Metro West Detention 
Centre.

	Therefore, I request the following:

	* a pillow and chair for basic human comfort;
	* a pen, paperclips, post-it notes, and coloured highlighter
	* access to hardcover books. Several of the books Mr. Zundel 
needs for his case are hardcovers. Yet, prison security staff say 
they are not allowed.

	I look forward to your reply and would be happy to meet with 
you at your convenience.

							Sincerely yours,



							Paul Fromm


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