ZGram - 1/23/2004 - "CSIS Agent to be Questioned in Zundel
Hearing"
zgrams at zgrams.zundelsite.org
zgrams at zgrams.zundelsite.org
Fri Jan 23 09:04:23 EST 2004
ZGram - Where Truth is Destiny: Now more than ever!
January 23, 2003
Good Morning from the Zundelsite:
This, too, is for Zundel-Watcher and, especially, for alternative
media on my list:
Again, here is Paul Fromm, acting as Ernst Zundel's legal
representative on location:
[START]
CSIS AGENT TO BE QUESTIONED IN ZUNDEL HEARING
TORONTO. January 22, 2004. The ongoing hearing into a federal
national certificate issued against German-born dissident Ernst
Zundel started under a pall of gloom this morning in Federal Court in
Toronto. Late yesterday, Mr. Justice Pierre Blais had brought down
his long awaited ruling on Mr. Zundel's continuing detention.
Declaring that the pacifist publisher "does represent a danger to the
security of Canada," the former Solicitor-General (1989) and CSIS
boss sent Mr. Zundel back to prison for six more months.
The defence, which has had fewer victories in Mr. Justice Blais's
court than Jamaica's national hockey team in world competition, won a
late afternoon concession. A January 6 decision by the federal judge
had denied the defence disclosure of the names of CSIS and RCMP
agents who'd investigated the Zundel case. Defence lead counsel Peter
Lindsay had wished to subpoena some of these operatives to explore
their methodology seeking to learn their methods and preconceptions
which had led them to conclude that the 64-year old pacifist was, in
fact. a terrorist. Late in the day, Mr. Justice Blais insisted that
the Crown -- Justice Department lawyer Donald MacIntosh and CSIS
lawyer Murray Rodych -- present CSIS spokesman Dave Stewart as a
witness.
Stewart testified at Ernst Zundel's detention hearing in
Niagara Falls in late March.
In the morning, defence lead counsel Peter Lindsay reacted to
the fact that the judge's decision that Mr. Zundel is a threat to
national security and must be detained strongly suggests that the fix
is in; that he's decided that it was reasonable for the Ministers to
conclude that Ernst Zundel is a terrorist, Mr. Lindsay moved for an
adjournment until two appeals can be heard: one of the denial to hear
a habeas corpus motion in Ontario Superior Court and the second in
federal Court against Mr. Justice Blais's decision denying the
defence disclosure of the names of CSIS and RCMP operatives who had
interviewed people in Zundel case.
Addressing the Court, Mr. Lindsay said: "Mr. Zundel has
brought a motion for adjournment. I have eight reasons. Section
3.3.2 of the Immigration and Refugee Protection Act (IRPA) says that
'the Act is to be construed in a manner that ensures that decisions
taken under the Act are consistent with the Charter.' Section 78.c of
the Act says that the judge shall deal 'with all matters informally
and expeditiously and as the principles of fairness and natural
justice permit.' Fairness and natural justice supercede
expeditiousness," Mr. Lindsay argued.
"There's prejudice to Mr. Zundel if no adjournment is
granted," Mr. Lindsay explained as his first reason. "There's a
pending Charter challenge to proceedings under IRPA, those used in
this case, including secret hearings, rules of evidence and the lack
of appeals procedures. These matters are more and more important. For
instance, Your Lordship's decision on bail yesterday afternoon was
all about secret proceedings."
Quoting the judge's decision, Mr. Lindsay said "'public
evidence might not be sufficient to conclude that Mr. Zundel is a
threat.' If evidence taken in secret has already convinced you that
Mr. Zundel is a danger to the security of Canada, it's plain, it's
obvious that secrecy is crucial to Your Lordship's determination,"
Mr. Lindsay argued.
"Mr. Zundel, like any other person, should be able to pursue
a Charter challenge. If these hearings continue, Mr. Zundel may be
order-removed before this challenges are complete. Mr. Zundel faces
more than deportation," Mr. Lindsay added, "he faces certain
prosecution in Germany. If this proceeding is not adjourned, Mr.
Zundel's right of appeal is moot as the certificate decision, if
positive, becomes a deportation order. Before his right of appeal
under the Charter is exhausted, he may be sitting in a German jail
for something that is not a crime in Canada -- denying the Holocaust."
Challenging the judge, Mr. Lindsay, who cuts a very tall and
imposing figure in court, said: "If this hearing is not adjourned and
I say this respectfully, Your Lordship will have to explain to Mr.
Zundel why the right to pursue a Charter challenge does not apply to
him."
Mr. Lindsay said: "My ability to conduct a defence and a
meaningful challenge to the evidence against Mr. Zundel is prejudiced
by my inability to call witnesses. There is pending in the Federal
Court of Appeal an appeal against your January 6 decision regarding
disclosure of the names of CSIS agents in this case. An appeal of
that decision is part of Mr. Zundel's defence." Referring to a recent
article by another judge on the Federal Court, Mr. Justice James K.
Huguesson, "Watching the Watchers", Mr. Lindsay stressed the
importance of cross-examination to get to the truth. "Our appeal is
about getting access to witnesses and to cross examine witnesses
about the propositions of the summary."
"In the context of what Your Lordship has called these
'extraordinary proceedings,' rights are being stripped away: the
right to hear real evidence, not hearsay and triple hearsay. Please
don't strip away another right -- the right to appeal interlocutory
motions."
Mr. Lindsay explained that "Mr. Zundel is prepared to
remaining custody in order to pursue his Charter rights. He's
treating his Charter rights very seriously and wishes to have his day
in Court."
Mr. Lindsay read from a series of correspondence between him
and Donald MacIntosh. "My friend [Mr. MacIntosh] refers often to
being expeditious, but expeditious is not subordinate to natural
justice. I wrote to him, December 16, 2003 seeking consent to an
expedited appeal to the Ontario Court of Appeal. Mr. MacIntosh
replied on December 18: 'The Attorney-General does not consent to
your request to expedite an appeal to the Ontario Court of Appeals.'"
"What is Your Lordship to take from this? The Crown doesn't
want an appeal heard. When it comes to securing Mr. Zundel's Charter
rights, the Crown isn't interested. The Crown's resistance to an
expeditious Charter appeal is not assisting in any way. The Crown
wants to be expeditious only in getting Mr. Zundel on a plane to
Germany."
The judge frequently interrupted Mr. Lindsay during his
submissions. In the end, he reserved on his decision. He ruled that
court would continue Friday, despite Mr. Lindsay's request for an
adjournment until Monday so that he could have meaningful discussion
with Mr. Zundel and take proper instruction.
Perhaps indicating his ruling in the motion for adjournment,
the judge said: "The obligation of Section 78 of IRPA is my Bible. I
read it frequently. I have a mandatory duty under the legislation to
review the certificate. The parties are here to help, but I have to
go on with the process as best I can."
The case continues in Federal Court at 361 University Avenue
at 10:00 a.m. Friday, January 23." -- Paul Fromm
[END]
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