ZGram, - 4/13/2004 - "Zundel Hearings April 13-14"

[zgrams at zgrams.zundelsite.org]

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

April 13, 2004

Good Morning from the Zundelsite:

On yet another Soviet-Canadian style Kangaroo Court:

[START]

Subject: ZUNDEL UPDATE -- HEARINGS RESUME APRIL 13

Dear Free Speech Supporter:

	There's been a flurry of activity recently in the Zundel 
case.  Tuesday, April 13, Mr. Zundel's certificate review hearing 
resumes before former CSIS boss and now the judge of CSIS evidence in 
this case, Mr. Justice Pierre Blais. The court is at 361 University 
Avenue in Toronto and the hearing begins at 9:00 a.m.

	Look for some exciting testimony in the next few days, lawyer 
Peter Lindsay advises. Ernst Zundel will again be on the stand.

	Not such good news was delivered to Mr. Zundel by the Federal 
Court of Appeal in a judgment appropriately enough dated April 1 -- 
April Fool's Day. The Court of Appeals turned down Mr. Zundel's 
appeal against a decision in January by Mr. Justice Blais to deny Mr. 
Zundel's request for the names of all "CSIS and RCMP officers as well 
as any other public servants of Canada, who interviewed Mr. Zundel or 
others about him, including date of interview and whether any such 
record is available." Such information had been disclosed to the 
accused in several of the other national certificate cases winding 
their way through the courts.

	At the heart of this appeal is the fact that Mr. Justice 
Blais' decision will be final. It cannot be appealed and, if it finds 
that the certificate alleging that Mr. Zundel is a terrorist and, 
therefore a threat to national security, is "reasonable" -- he 
doesn't have to find that the absurd allegations are true -- then the 
certificate becomes a deportation order. Mr. Zundel's appeal sought 
to overturn "interlocutory" decisions by the judge; in other words, 
he attempted to question the judgment or fairness of certain 
procedures.

	No, says the Federal Court of Appeal: Not only is the judge's 
final decision unappealable, but any decisions along the way are also 
final. "The fact that the designated judge's decision regarding the 
disclosure of evidence to Mr. Zundel was part of the ultimate 
determination into the reasonableness of the certificate under 
subsection 80(1) and as a result, cannot be appealed pursuant to 
subsection 80(3) is also supported by the Supreme Court of Canada's 
decision in Canada (Minister of Citizenship and Immigration) v. 
Tobiass."

	Naturally, the Court of Appeal also refused to stay the 
proceedings. Peter Lindsay, Mr. Zundel's lead counsel, is not 
discouraged. "Well, now they say the lack of the right to appeal 
covers all the steps toward the decision. The defendant now has even 
fewer rights. There are secret hearings, there's no right to appeal 
against the final decision and now there's no interlocutory right of 
appeal. This is a good clean legal issue for an appeal to the Supreme 
Court of Canada," the combative counsel concludes.

	In another development, Deputy Prime Minister and the 
minister in charge of security and public safety, Anne McLellan, was 
ambushed on Monday, April 5, at a meeting of German-American 
businessmen in Edmonton. A questioner confronted her and declared: 
"It's shameful what's been done to Ernst Zundel," referring to his 
year-long incarceration in solitary confinement and the bogus 
accusations that he's a terrorist.

	Miss McLellan was in full retreat. She pack-pedaled furiously 
and alibied: "I did not swear out the certificate." In a major 
reversal of the diffident, some may say meek and cowardly behaviour 
of so many Germans in Canada when their rights are being taken away, 
the audience loudly applauded the questioner.

	Mr. Zundel has been avidly following from prison the spate of 
apparent "anti-Semitic" incidents -- the e-mailing, the knocked over 
Jewish tombstones, the graffiti and, most recently, the firebombing 
of the library of a Jewish school in Montreal. He believes that some, 
if not all, of these incidents are hoaxes. He points to the fact that 
the press hysteria over this wave of seeming "anti-Semitism" has all 
but drowned out the good publicity his case was getting in the Globe 
and Mail, where Kirk Makin's articles and editorial were focusing on 
the unfairness of the secret hearings. The hype about what amounts, 
with the exception of the arson attack, to petty vandalism has also 
neatly taken attention away from Israel's latest wave of 
assassinations, mostly unarmed and infirm seniors, in Palestine.

	Mr. Zundel points to Markus Wolf. "He was Jewish and the head 
of the East German STASI (secret police). He returned from Moscow 
with his parents in 1945 on a Soviet tank. After the fall of the 
Wall, it was revealed that Wolf and his STASI initiated the painting 
of a Cologne synagogue with swastikas and the toppling of Jewish 
tombstones in Frankfurt in 1959-60." These outrages were, of course, 
attributed to so-called "neo-Nazis." "In fact, they were instigated 
by the communist STASI. That got Germany their its 'hate laws" which 
have strangled the German resistance," Mr. Zundel explained to me 
when I saw him at the Metro West Detention Centre on April 9.

Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION

=====

Reminder: 

Help free Ernst Zundel, Prisoner of Conscience.  His prison sketches 
- now on-line and highly popular - help pay for his defense.  Take a 
look - and tell a friend.

http://www.zundelsite.org/gallery/donations/index.html