ZGram - 9/12/2003 - "A chair for Mr. Zundel? Nyet!" (giggle) "... unless we put him in the nutcase ward!"

[zgrams at zgrams.zundelsite.org]

ZGram - Where Truth is Destiny

September 12, 2003

Good Morning from the Zundelsite:

Here is another blossom from the bureaucracy of Absurdistan.  The 
hypocrisy and sadism embedded in this letter deserve to be added to 
Internet archives - while a still-sane world struggles against the 
Forces of Darkness to preserve and protect Freedom of Speech. 

For weeks, even months, the Zundel Defense team has argued that a man 
who has to defend himself against the spurious but very serious 
charge of being a "security risk to Canada" ought to at least be 
entitled to a chair and post-it note pads so he can sit and mark up 
his legal documents.  Here is the response.  The letter speaks for 
itself - and please don't miss the lofty source!

[START]

Ministry of the Attorney General
Legal Services Branch
Ministry of Public Safety and Security
8th Floor, 77 Greenwille Street
Toronto, ON
M5S 1B3

September 10, 2003

(Addressed to Douglas Christie, Attorney)

Dear Mr. Christie,

Re:  Ernst Zundel

Further to our recent conversations, I have consulted with the 
Toronto West Detention Centre and the Central Region Office with 
respect to your request that you be permitted to send post-it notes 
and a chair for Mr. Zundel.  As I indicated when we spoke on the 
phone, the institution does not permit inmates to be sent materials 
or furniture that are not generally available to all other inmates. 
This is the ministry policy for security reasons, and in order to be 
consistent and fair with respect to the rights and privileges 
extended to all inmates.

As you are aware, Mr. Zundel is currently being held in 
administrative segregation as the institution considers it necessary 
that he be held separate from the general inmate population for his 
own protection.  Mr. Zundel's placement in administrative segregation 
is reviewed at least once every five days.  While Mr. Zundel would be 
in a cell with a built-in stool if he were among the general 
population of inmates, due to those concerns for Mr. Zundel's safety, 
the institution does not consider it prudent to house Mr. Zundel 
among the general population.  If Mr. Zundel were housed among the 
general population in one of a range of cells that gives on to a day 
room, he would be sharing a cell with at least one other inmate and 
could come into contact with other inmates on the range on a daily 
basis.

The institution has reviewed the options for Mr. Zundel's 
accommodation in light of his concern regarding the lack of a chair 
or stool in his segregation cell,  and has determined that once 
arrangements can be made, Mr. Zundel will be housed in a special 
needs intake unit while maintaining his status in administrative 
segregation.  The special needs intake unit is architecturally like a 
standard range, as it includes 10 cells that contain bunk beds and 
built-in stools, however, each cell houses only one inmate due to the 
nature of the special needs intake population.  You and your client 
should be aware that special needs inmates are those who require 
special health care services, often psychiatric care, or who have 
exhibited behaviour that may be either unacceptable or harmful to 
themselves or to others such that association with the general 
population may pose a risk.  Mr. Zundel would need to go into the day 
room on that range in order to make phone calls and have access to a 
shower and fresh air, and there may be some restrictions on when he 
could be in the day room as interaction with other inmates on the 
special needs unit is generally avoided for safety reasons.

If at any time the institution determines that a special needs intake 
cell is not appropriate for Mr. Zundel either due to concerns for his 
safety or for any other operational reason, Mr. Zundel will be 
returned to a segregation cell.

Yours truly,

Jinan Kubursi, Counsel

c. Donald MacIntosh and Pamela Larmondin,  Department of Justice, Fax 
(416) 954-8982.
Justice Blais, Federal Court of Canada, Fax (416)973-2154

[END]