Fwd: UPDATE: ERNST ZUNDEL CHANGES LAWYERS

zgrams at zgrams.zundelsite.org zgrams at zgrams.zundelsite.org
Thu Oct 16 06:57:44 EDT 2003


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>This just came in from the Canadian Legal Front.  FYI
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>Ingrid
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>>X-Sender: 1315038 at pop.primus.ca
>>Date: Thu, 16 Oct 2003 04:09:26 -0400
>>To: cafe at canadafirst.net
>>From: C-FAR <paul at paulfromm.com>
>>Subject: UPDATE: ERNST ZUNDEL CHANGES LAWYERS
>>
>>Dear Free Speech Supporter:
>>
>>	The case of imprisoned German-born publisher Ernst Zundel 
>>gets more hectic by the day. When the last bail review ended in 
>>Federal Court in front of Mr. Justice Pierre Blais, September 24, 
>>the hearings were adjourned until December 10.
>>
>>	A lot has happened. Suddenly, new dates have been found -- 
>>November 6 and 7. Thus, Ernst may win his freedom earlier than at 
>>first feared, although the atmosphere in front of Mr. Justice Blais 
>>is tense. Even though he told Mr. Zundel he didn't believe some of 
>>the things he said on the witness stand, Mr. Justice Blais still 
>>refused to recuse himself.
>>
>>	Another major development is that the lead in the legal team 
>>is changing. Douglas H. Christie has represented pacifist dissident 
>>Ernst Zundel for two decades -- since 1983! -- through a host of 
>>persecutions by the Canadian state and Mr. Zundel's free 
>>speech-hating enemies Sabina Citron, the Canadian Jewish Congress, 
>>the League for Human Rights [but not free speech] of B'nai Brith 
>>and the Friends of the Simon Wiesenthal Centre. The work was a 
>>tremendous strain on Mr. Christie, to say nothing of the travel. 
>>Every court appearance meant a flight across the continent from Mr. 
>>Christie's home in Victoria, B.C.
>>
>>	In June, Doug received some terrible news. His wife Keltie 
>>Zubko who has done invaluable legal work in the background has been 
>>struck with breast cancer. She has since endured a mastectomy and 
>>is undergoing painful chemotherapy. Doug's wife and his two 
>>still-young children, whom his wife has been homeschooling, require 
>>his presence in Victoria.
>>
>>	Thus, in the middle of what may well be a very lengthy legal 
>>proceeding, Ernst Zundel, still in prison, had to find a new head 
>>for his legal team.
>>
>>	He has selected Peter Lindsay and his wife/partner Chi-Kun 
>>Shi of Toronto. Mr. Lindsay, a 1990 graduate, has an impressive 
>>record in the battle for free speech. He won acquittal for a half 
>>dozen young people charged under the notorious Sec. 319 -- the 
>>"hate law" -- for staging a demonstration opposing the presence of 
>>illegals, Gypsies, at an east Toronto motel in 1998. The charges 
>>had been laid after noisy demands by Bernie Farber of the Canadian 
>>Jewish Congress. Mr. Lindsay won an acquittal and, when Farber 
>>demanded that the government appeal this victory for free speech, 
>>this May, he won the appeal in the Ontario Court of Appeals. Almost 
>>as good, he had the judge exclude Mr. Farber as an "expert 
>>witness." Farber is no objective scholar who has studied the right 
>>wing. He's a player, a strident participant.
>>
>>	Mr. Zundel likes Peter Lindsay's energy and aggressive style.
>>
>>	Douglas Christie may still represent Mr. Zundel on November 
>>6, but the handling of most of the case is passing to Mr. Lindsay.
>>
>>	One of Mr. Christie's innovative tactics was to launch a 
>>Habeas Corpus motion before Superior Court in Ontario. Dates were 
>>set for this motion October 14. The court dates are November 18 and 
>>19. Mr. Lindsay will be representing Mr. Zundel is this hearing 
>>which may well lead to his speedy release.
>>
>>	I spoke to Mr. Lindsay this afternoon at his north Toronto 
>>offices. The first thing you notice is the imposing height of this 
>>lanky bearded man. Doug Christie is tall, but Mr. Lindsay must 
>>tower another eight inches beyond even him.
>>
>>	"I want to win," he says with a serious and pleasant smile.
>>
>>	The Habeas Corpus motion will be heard in the court house at 
>>361 University Avenue in Toronto on November 18 and 19 before Madam 
>>Justice Mary Lou Benotto. She has a family law background and is 
>>seen by many lawyers as fair and gutsy.
>>
>>	"We'll be arguing that the sections of the Immigration and 
>>Refugee Protection Act -- both the provision for detention and the 
>>way the CSIS certificate is decided, with secret hearings and no 
>>right of appeal -- are unconstitutional and contrary to the 
>>Charter," Mr. Lindsay said. "The whole process is biased and 
>>unfair, Mr. Zundel ought to be free as  his detention under the law 
>>violates his rights under Sections 7 and 10 of the Charter of 
>>Rights and Freedoms."
>>
>>	Section 7 states: "Everyone has the right to life, liberty 
>>and security of the person and the right not to be deprived thereof 
>>except in accordance with the principles of fundamental justice." 
>>Section 10 ensures that a person who is detained has the right to a 
>>Habeas Corpus hearing.
>>
>>	Another way in which the Immigration and Refugee Protection 
>>Law violates the rights of the accused is Sect. 78.j which permits 
>>the judge determining the reasonableness -- not the truth -- of the 
>>CSIS certificate to admit "anything" as evidence, even material 
>>that would not normally be accepted in a court of law. In the 
>>Zundel case, much of the Crown's five volumes of evidence is 
>>newspaper clippings, newsletters and biased reports from groups 
>>like the Anti-Defamation League (ADL). No witnesses have been 
>>presented who can be examined or cross-examined on this material.
>>
>>	The Department of Justice argues that the Habeas Corpus 
>>motion should be brought in Federal Court. "However," says Mr. 
>>Lindsay, "such a motion could take two years" and seriously deprive 
>>Mr. Zundel of his liberty in the meantime.
>>
>>	There has already been an agreed upon schedule for written 
>>submissions for the Habeas Corpus motion.
>>On November 3, Mr. Lindsay is to file his affidavits; on November 
>>10, the Cown must file its response; on November 14, Mr. Lindsay 
>>will submit his factum (arguments); and, on November 17, the Crown 
>>will respond with its factum.
>>
>>	I now must come to a very serious matter -- money!
>>
>>	In the past three weeks, we have paid Mr. Lindsay a $20,000 
>>retainer. Mr. Lindsay has already gone through $14,000 in 
>>preparation and bringing himself up to speed on this complicated 
>>case. Mr. Zundel's chief immigration lawyer in the U.S. has just 
>>been paid $25,000 -- and those are real dollars, not Canadian 
>>pesos! There are seven more court dates scheduled for this year and 
>>a number more for January.
>>
>>	The Defence Fund is very seriously depleted and we face major 
>>outlays over the next two months. I again ask for your commitment 
>>and urgent help. Please mail us your contributtion today or e-mail 
>>us your VISA number and expiry date. Donors will receive, of 
>>course, a receipt and a personal thank you work of art done by 
>>Ernst in prison.
>>
>>
>>	Paul Fromm
>>
>>	Director
>>
>>	CANADIAN ASSOCIATION FOR FREE EXPRESSION
>>___________________
>>URGENT! -- ERNST ZUNDEL NEEDS YOUR HELP
>>
>>Friends of free thought, Ernst Zundel really needs your ongoing 
>>help and support.
>>
>>	1. Write, FAX, or phone Hon. Robert Runciman, the Minister of 
>>Public Safety and Security. His ministry is in charge of the Metro 
>>West Detenmtion Centre, the prison which denies Mr. Zundel his 
>>anti-cancer medication and herbs. You can contact him thus: Hon. 
>>Robert Runciman, MPP, 16th Floor, 25 Grosvenor Street, Toronto, 
>>ON., M7A 1Y6, Canada; PH: 416-327-9911; FAX: 416-327-3849.
>>
>>	2. If you live abroad, write to the Canadian Embassy in your 
>>country and demand Zundel's release and humane treatment. Ask your 
>>Congressman or Senator to demand of the Canadian government why 
>>they're keeping this non-violent publisher in a prison in such 
>>"mediaeval" conditions.
>>
>>	3. No matter where you live, why not send a card or letter to 
>>encourage Ernst Zundel. Write Prisoner Ernst Zundel, c/o Metro West 
>>Detention Centre, 111 Disco Road, Box 4950,  Rexdale, ON., M9W 1M3. 
>>Ernst in overwhelmed by the hundreds of concerned and thoughtful 
>>people who have sent him letters and cards. A tip: don't use of 
>>stick-on return address label or seals. They're ripped off by 
>>prison authorities searching for, who knows what.
>>
>>	4. We also need your financial support for Mr. Zundel's defence.
>>
>>	We have a number of delicate colour-pencil sketches by Ernst 
>>Zundel done in prison. Each is dated and signed. Each is a nature 
>>study. Mr. Zundel has long been a paint and sketch artist. He had 
>>returned to his love of art  before the U.S. I.N.S picked him up 
>>and deported him.
>>.
>>	If you send us a cheque for $100 or more, we'll send you one 
>>of these collector's items, a thank you sketch by political 
>>prisoner Ernst Zundel.
>>
>>	Mail your donation today to CAFE Box 332, Rexdale, ON., M9W 
>>5L3, Canada or e-mail us your VISA number and expiry date. On your 
>>cheque or an accompanying piece of paper, note: "For Zundel Defence 
>>Fund."
>>
>>								Paul Fromm,
>>
>>	CANADIAN ASSOCIATION FOR FREE EXPRESSION,
>>								P.O. Box 332,
>>
>>	Rexdale, ON., M9W 5L3
>>								PH: 
>>905-897-7221



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