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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