ZGram - 12/16/2003 - "DECISIONS DELAYED IN ZUNDEL CASE"

[zgrams at zgrams.zundelsite.org]

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

December 16, 2004

Good Morning from the Zundelsite:

After a brief delay, here is the write-up of the last day of the 
Zundel Bail Hearing, December 11, 2003.  I know you waited for this 
one.  I learned a few additional facts myself I did not know before.

  I would say that the outcome of whether or not Ernst gets bail 
hinges on the degree of political independence of Judge Blais.  Can 
he afford to let Ernst out on bail - possibly at the expense of his 
own career?  He must be under immense pressure from Ernst's political 
enemies.

I anticipate a wrenching Christmas for Ernst, myself, our family, and 
Ernst's world-wide friends and supporters.  We are all staring at 
Talmudic vengeance and learning a few lessons that may have been long 
overdue.

Here is Paul Fromm's write-up:

[START]

  DECISIONS DELAYED IN ZUNDEL CASE

TORONTO, December 11, 2003. Ernst Zundel headed back to prison after these
two days in Federal Court, with Mr. Justice Pierre Blais having reserved on
motions that he be recused for bias and compel the Solicitor-General to
provide a list of agents who interviewed Ernst Zundel or others in the
Zundel case.

	Judge Blais also delayed ruling on arguments that the German-born
publisher be freed on bail. Final decision on this matter that has already
consumed a staggering 12 days in Federal court and two before the Superior
Court of Ontario on a habeas corpus motion must await yet another in camera
secret hearing requested by the Minister of Immigration and the
Solicitor-General. This meeting will be held later this week. The Crown
remains violently opposed to any release under any conditions for Mr. Zundel.

	Mr. Douglas H. Christie opened the day with an eloquent 
rebuttal of Crown
Attorney Donald MacIntosh's arguments against granting Mr. Zundel bail.
"Now breaches of Canadian human rights law are seen to be the equivalent of
terrorism," he said of Crown complaints that the Zundelsite continues to
feature articles impugned in a January, 2002 Canadian Human Rights Tribunal
decision. "Now they are using Section 13.1 [of the Canadian Human Rights
Act], a law not meant to be punitive, to incarcerate a person."

	The Crown's argument is that Ernst Zundel is "an embarassment to Canada
and, therefore,  is a threat to national security. Mr. Zundel is an
embarassment to whom?" Mr. Christie demanded. "To German diplomats?"

	"If embarassment to foreign diplomats is a problem, why not apply it to
Chinese dissidents in Canada," he asked.

	"The name for this is a police state when you determine what political
opinions will be allowed. Dissent is the essence of a free and democratic
society," the Battling Barrister reminded the court.

	"The Minister says that the integrity of Canada's external relations is
harmed by Ernst Zundel's distribution of 'hate literature' to Germany and
Austria. Yet, there's no proof that he's ever done this. Before you use the
that definition -- 'hate' -- apply the law," Mr. Christie admonished ,
noting that Mr. Zundel has never been prosecuted, much less convicted,
under Sec. 319.2 -- Canada's "hate law."

	"The export of Mr. Zundel's material is not drugs or guns, it's ideas.
This entire trial is a war on ideas," Christie charged. "If the Zundelsite
distributed hate literature, it would be easy for the Government to lay
charges. However, then, they'd have to prove them."

	Referring to Mr. MacIntosh's arguments, Mr. Christie said: "My friend
seems to say, if Canada sees it's in its national interest to incarcerate
people, it's okay. What do we do with other 'embarassments' -- anti-free
trade protesters, environmentalists? They don't go to jail for six to eight
months," Mr. Christie emphasized. "The courts have upheld the right of
those people to demonstrate."

	"There's no threat to the security of Canada in anything 
Ernst Zundel has
published," Mr. Christie continued.

	Addressing both the judge's and Mr. MacIntosh's unhappiness with the
continued operation of the Zundelsite, Mr. Christie charged: "If he can't
communicate, he can't raise money. How can a 64-year-old unemployed artist
raise money? One of the concerns anyone in his position would have is how
he is to fund a battle that may last over a year."

	"My friend asked for a 'fair, large and liberal 
interpretation of a threat
to the national security of Canada.' If it's too large," the defence lawyer
argued, "we have a police state!"

	"My friend's submission said Ernst Zundel has no intention to 
comply with
any order of this Court. If a Federal Court could establish a breach of the
Human Rights Tribinal order, then it would estblish that he'd committed an
act. Yet, we're to detain him in custody because of an apprehended breach,"
Mr. Christie challenged. "They jump on that possibility. It's paranoid and
politically motivated. It has nothing to do with national security. It's to
silence a nuisance," Mr. Christie charged.

	"This whole thing is about guilt by association." Mr. 
Christie referred to
the Crown contention that, if released, Canada's most famous political
prisoner would put a message on Mr. McAleer's long defunct website. "Mr.
McAleer is not a criminal," Mr. Christie pointed out.

	"The Crown says Ernst Zundel is a fascist and a neo-Nazi. 
Yet, he's not a
threat to national security. We allow communists in Canada. Let's look at
his needs, not his beliefs. He's not violent."

	"Ernst Zundel has the right to use legal means to advance what some may
see as his reprehensible views," Mr. Christie reminded the Court. Referring
to one of the founders of the Heritage Front, the Victoria civil rights
lawyer explained: "Wolfgang Droege didn't get any advice on terrorism from
Ernst Zundel. He got advice on pacifism. Does that make him associated with
terrorism? If an older man seeks to advise a younger man to obey the law,
can that be a threat to national security? To anyone who sought his advice,
he advised non-violence."

	Quoting Mr. Justice Thomas who presided over one of Mr. Zundel's "false
news" trials, Mr. Christie reminded the Court: "'Mr. Zundel always showed
respect to the Court' Mr. Zundel believes his one chance to advance his
views is the protection of the Canadian and U.S. courts."

	In a dramatic move, Mr. Christie presented to the Court a 
statement issued
by Mr. Zundel that morning in response to a request from the judge the
previous day for dialogue on possible bail conditions.

	An angry Donald MacIntosh interrupted, accusing Doug Christie 
of "trying
to improve Mr. Zundel's evidence."

	He was cut short by a furious Mr. Justice Blais. "Are you 
saying I cannot
inquire into possible conditions?" He then ordered Ernst Zundel to retake
the witness stand.

	Continuing his dressing down of Mr. MacIntosh, the judge said: "You
benefit from legislation to put double and  triple hearsay into evidence. I
opened the door. I know of no other legislation where you can detain
someone on such evidence. It's all extraordinary."

	On the stand Mr. Zundel indicated that, in addition to the posting of a
surety, he would agree to surrender his expired German passport, and report
to the police. As for the Zundelsite, he would seek to post a document
explicitly renouncing violence aa well as including links to Jewish sites
with different views on World War II than those expressed on the Zundelsite.

	Mr. Zundel was cross-examined by CSIS lawyer Rodych, who 
suggested that he
might use  a driver's licence to sneak into the U.S. "But landed immigrants
now need a visa," Mr. Zundel shot back. "I'd face 20 years in prison and a
$250,000 fine if I did," he added. Besides, he explained, he no longer has
a valid Canadian driver's licence.

	Then, in a harsh statement that typified the belligerence of the Crown
throughout this case, Mr. Rodych said: "I will plainly state the the
Minister will not entertain any conditions. He is a terrorist and has
engaged in acts of violence."

	Continuing to tease the audience with hints about bail, Mr. 
Justice Blais
said: "We're not there yet, but we should examine these conditions Mr.
Zundel has presented. All options remain open.

	After a short break, Peter Lindsay who has now taken over charge of Mr.
Zundel's defence, spoke to his motion requiring the Minister of Immigration
and the Solicitor-General to provide the names of Canadian Security and
Intelligence Service (CSIS) officers knowledgeable of this case, "those
who've interviewed Mr. Zundel or others about him."

	Mr. Lindsay's strategy is to subpoena one or more of these 
officers. Mr.
Lindsay explained that the CSIS certificate "sets out the 'belief' of CSIS
that Mr. Zundel is a threat to the security of Canada. We cannot see the
mindset of CSIS in considering evidence and forming its beliefs. The
unfairness of CSIS to Mr. Zundel will be an issue at the hearing on the
certificate,' he said.

	Live testimony is needed to probe CSIS's biases and methodology, Mr.
Lindsay argued. "In my submissions CSIS based its beliefs on pathetic
evidence. Let's get someone in the box whom I can examine."

	"For instance," he explained, "CSIS says it believes Mr. Zundel
contributes to the growth of racism and, therefore, should remain
inadmissible. Does the service really believe that racism is a threat to
national security?"

	The tall bearded attorney challenged the Court: "Let me hear from one
witness who can be cross-examined. Or, is a determination to be made on a
bunch of papers. We need a witness to give real evidence. This should be
helpful to Your Lordship. This is not a request without precedent. In the
Jaballah case a similar order was made." Jaballah is an Arab being held as
a threat to national security,

	Court adjourned until January 22, 2004. -- Paul Fromm