ZGram - 10/1/2004 - "the September 30 Supreme Court Decision"

[zgrams at zgrams.zundelsite.org]

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

October 1, 2004

Good Morning from the Zundelsite:

During this latest Zundel persecution bonanza, now projected to 
stretch into its third year, Canadian Jews have alternately gloated 
and yammered -gloated that they have their favorite villain finally 
securely in their clutches after having kidnapped him, and yammered 
that he is still putting up such a spirited fight, instead of 
cringing at their feet, mumbling his mea culpas, like everybody 
else.  

As part of his defiant struggle against the "security certificate" 
eyesore on a decrepit body politic, Ernst Zundel put three challenges 
to the Supreme Court of Canada. 

The first of these applications for leave, as it is called. was filed 
last May, meant to test the constitutionality of Canada's Secrecy 
Act.  Will the Canadian Supreme Court really be willing to turn that 
country's Anglo-Saxon majesty of law - a system worth a thousand 
years of civilized, elegant refinement - over to Canada's 
bad-mannered spooks? 

The second challenge was meant to test the power of a judge who 
blatantly runs interference for CSIS in one such "security 
certificate" circus.  Is there any legal recourse left to put some 
brakes on an abusive judge? 

The third challenge was more or less just a technical one, having to 
do with jurisdiction - in other words, a challenge to a gutless 
system beholden to its spooks, willing to bounce a victim from court 
to court, draining his resources and grinding him down, with judges 
of various courts playing ostrich.

Ernst Zundel lost his third challenge first.  It happened during 
summer - Supreme Court judges were probably relaxing on a beach or 
taking free excursions to the state of Israel.  Only one judge - an 
outspoken Zundel enemy of long standing - took less than a day to 
knock it right into the gutter. 

The second challenge, with Judge Blais's abominable abuse of power 
documented for all the world to see, was lost yesterday. To put it in 
legalese language, the application raised the issue of whether there 
are rights to appeal interlocutory (not final but interim) decisions 
during a security certificate review. This is an important issue 
which affects not only Ernst but all security certificate cases, 
because there can be many bad interim decisions which should be 
appealable, but now won't be appealable in any security certificate 
cases to come.

Defense Attorney Peter Lindsay's office sent me a short email 
stating:  "Unfortunately the Supreme Court has, without reasons, 
refused yesterday to hear this appeal. The  lack of reasons is 
typical on leave applications."

All right.  So no reasons were given.  Maybe there weren't any? 
Inquiring minds might have wanted to know.

What is also noticeable is that, this time around, the Canadian 
papers seem to be very restrained.  I haven't seen a single op ed 
piece, or any commentary.  The handful of write-ups that have come my 
way were copied verbatim and read like this one, below:

[START]

Zundel loses Supreme Court challenge

Broadcast News (National Post)
Thursday, September 30, 2004

Holocaust denier Ernst Zundel has lost another bid to challenge the 
federal government's claim that he's a security threat.

The Supreme Court of Canada refused Thursday to hear Zundel's 
argument that he's being treated unfairly because some of the 
evidence against him remains secret.

Ottawa filed court papers last year saying Zundel was a threat to 
engage in terrorism or other violence and should be deported.

The so-called security certificate is based on secret intelligence, 
some of which has been shared with a Federal Court judge but hasn't 
been made public.

Zundel wanted to force the government to hand over the whole file.

Federal Court rejected the demand. That decision will stand now that 
the Supreme Court has refused to get involved.

Zundel remains in custody while the deportation case against him continues.

© Broadcast News 2004

http://www.canada.com/national/nationalpost/news/story.html?id=a926feb6-247c-4a7d-bedb-67963e95d951

For us, this news was a setback, of course, but not unexpected. 
Ernst and I have often talked about it - that the Canadian Supreme 
Court will not easily challenge the "Act" by letting Ernst Zundel be 
the winner.  This is a country that likes its villains raw - at least 
if you believe the media.  If the judges should decide to back-track 
at all, even a little bit, and put some brakes to their mini-Mossad's 
uncouth behavior, they are going to do so by choosing someone obscure 
so they don't have to deal with the Israel Firsters on their backs. 

When I asked what this latest Supreme Court defeat meant, not just 
for Ernst, but for Canadians, he said calmly -  and here I have to 
paraphrase as I remember it:

"It means that every poor dupe scooped up in a "security certificate" 
sweep who comes after me will have not a chance of that snowball in 
hell to challenge any of the judge's decisions.  There won't be even 
any point to try.  His goose will be cooked while he will be asked to 
stoke his own fire. It has always been a feature of Anglo-Saxon law 
that there were review mechanisms every step of the way built into 
the system - where one could challenge bad decisions and get someone 
to take another look.  A precedent has now been set, and Canada will 
have to live with it.  A pity."

And then he said something remarkable - he started talking of some 
future plans that some of us  cherish and have already half-achieved. 
He even did so in romantic terms, with hidden laughter in his voice, 
telling me sweet things of the beauty of sunsets on a heavenly sky to 
be observed and relished from one of our Tennessee mountains - in 
safety, in peace, once all the devils on earth have had their last 
run.

I said through gritted teeth:  "I am amazed at you!  Here you are, 
just having taken yet another vicious blow, and you try to give 
comfort to me?  Nobody asks that much of you."  

Ernst said:  "I have been my own son for a long time.  I know how to 
talk to myself.  I have had practice talking to myself."

"Tell me.  How do you do that?"

"Look, these are the death throes of a system that is dying.  There 
is no way this system can sustain itself for any length of time.  It 
is finished.  It is utterly, utterly finished.  It is anti-Nature, 
and anti-Nature cannot win.  Nature will win.  There is such a thing 
as shelf life to ideas.  Liberalism as an idea has failed.  The 
neocons' ideas in Washington have failed.  Israel as a viable idea 
has failed.  What we are now experiencing is just a blip on our radar 
screen.  It means nothing, in the larger scope of things.  All we 
have to do is just hang in there and do what we know we must do."

Okay, two down - one more to go!

I said, "Given this setback, the habeas corpus/constitutional issues 
application is probably finished as well?  I mean, what can you 
expect from this court, after two contemptuous judgments against you? 
You are going to lose the last one as well."

"I wouldn't say that.  The two that we lost were peripheral issues. 
The one that is still pending, that is right now before the Supreme 
Court, is the Canadian version of the American Patriot Act.  That is 
the serious, substantial one - is Canada willing to sign off on 
Freedom?  You and I, two immigrants who came to this country with 
nothing, have put that question to the Court, with the help of our 
handful of loyal supporters.  Just because they hate Ernst Zundel and 
want to please the aliens in their midst - are they going to be 
rubber-stamping Stalinist dictatorship?  For good?"

"What do you think?"

"Time will tell.  Time will surely tell.  It could happen very fast. 
Either way."

Of course I have a stake in the outcome.  I want my husband back. 
However, I can't close my eyes to the reality of a sublime, sad, 
transcendental justice where the Final Zundel Act might leave a 
legacy that every person in that once so lovely, innocent and 
unspoiled country that we knew when we were young will have to pay 
for with its tears.