ZGram - 10/19/2004 - "Summation hearings in the Zundel Case: Day 1"

[zgrams at zgrams.zundelsite.org]

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

October 19, 2004

Good Morning from the Zundelsite:

Yet another day in a Canadian court, as reported by Paul Fromm:

[START]

OCTOBER 19, 2004. TORONTO. The heavy rouge,  false eyelashes and the 
flaming orange fright wig can no longer hide the truth. The  Canadian 
government's case against Ernst Zundel was shown in its full ugliness 
today, like an old whore stripped of her wig and rouge to reveal the 
wrinkled, grey, pox-riddled hag underneath. As Justice Department 
attorney Donald MacIntosh delivered his final summation, it became 
clear that the Canadian government considers those who question the 
Holocaust terrorists. As in any Third World despotism, in the New 
World Order Canada, dissent is deemed a threat to national security. 
Somehow Mr. Zundel, a lifelong pacifist, who has never been charged 
or convicted of any crime in Canada, was associated with 9/11 
terrorists and Osama bin Laden.

     [Mr. MacIntosh railed] against the "pernicious evil of hate 
propaganda." Referring to the two federal ministers -- Immigration 
Minister Denis Coderre and Solicitor-General Wayne Easter -- who 
signed the original CSIS national security certificate, Mr. MacIntosh 
said: "The ministers have a bona fide belief that Mr. Zundel's 
distribution of material to Germany, Austria and 40 other countries 
is a major concern."

     Mr. MacIntosh referred to a question asked of CSIS spokesman Dave 
Stewart in testimony this spring. "Did the illegality of Mr. Zundel's 
material in Germany and Austria have an effect on his 
inadmissibility," Mr. Stewart was asked. "Correct," he answered.

     Mr. MacIntosh quoted extensively from the Supreme Court Decision 
in the early 1990s about the Keegstra "hate" propaganda case, where 
the Court ruled Canada's notorious "hate law", Section 319 
constitutional. "The harm caused by hate propaganda constitutes a 
serious threat to group relations in Canada. Canada's international 
human rights obligations should inform our interpretation of law," he 
explained. "Canada has a duty to do something about" such literature.

     Hunched like a grey headed Starling, flipping through tomes of 
legal authorities, and reading passages, his nose not six inches from 
the text, Mr. MacIntosh charged: "Mr. Zundel seeks to destroy the 
multicultural fabric of society. We're concerned that certain people 
Mr. Zundel has connections with have violent, racist tendencies."

     The government clearly argued that Canada's obligations to the 
New World Order must supersede free speech in Canada. "The Ministers 
have a reasonable belief that Mr. Zundel's material incites 
violence," Mr. MacIntosh explained.

     However, the national security certificate did not say that Mr. 
Zundel was a threat to Canada's security because of controversial or 
unpopular views or because, as he said from the witness stand, 'I'm a 
pain in the ass to the Canadian establishment." On the contrary, Mr. 
Zundel was accused of being a terrorist. The CSIS Act gives a clear 
definition of threat to national security. These are sedition 
(supporting the violent overthrow of the government), espionage, 
sabotage, foreign directed activities, and advocating or practising 
serious acts of violence against persons or property to promote one's 
political or religious views. The balding, 65-year old publisher, 
pale after 20 months in solitary confinement, would seem to fit none 
of these definitions.

     Mr. MacIntosh reminded Judge Blais: "The role of the designated 
judge is not to determine the correctness of the certificate, but 
only its reasonableness." He pointed out that the standard the Crown 
must reach is very low. "The standard is 'reasonable grounds' which 
is even less than 'balance of probabilities.' 'Reasonable grounds' 
means a bona fide belief of a serious possibility based on credible 
evidence.'"

     He then referred Mr. Justice Blais to a decision of the Supreme 
Court of Canada in the Suresh case: "Danger to the security of Canada 
should be given a fair, large and liberal interpretation if a person 
poses a threat, direct or indirect, to the  security of Canada."

     In his submission, Mr. MacIntosh tried to assail the powerful 
evidence of former Defence counsel Douglas H. Christie. "Mr. Christie 
brought forth the 'old-and-out-of-touch' defence," he charged 
referring to the opinions of Ewald Althans and Terry Long about Mr. 
Zundel.

     With his arms waving and his voice rising and twanging, Donald 
MacIntosh demanded: "What would happen if Dennis Mahon, who is banned 
from Canada, snuck into Canada and testified that Mr. Zundel is 'old 
and out of touch'? What if a young al-Qaeda member said Osama bin 
Laden was 'old and out of touch,' it would make it a travesty of 
justice!"

     As the hearings started in Courtroom 410, lead Defence counsel 
Peter Lindsay rose to announce the results of a hearing before Mr. 
Justice Marshall Rothstein in the Federal Court  of Appeals in 
Ottawa, October 14. The judge set November 23 for a special one day 
hearing in Ottawa appealing against Mr. Justice Blais's latest and 
third refusal to recuse himself for the reasonable perception of bias 
in the Zundel case. The Crown's counter motion to strike the appeal 
will be heard at the same time. The Zundel legal team won a stay in 
all but name, as Mr. Justice Rothstein gave a clear direction that 
Mr. Justice Blais should give both parties seven days' notice before 
he issues his judgement so that, if the judgement is announced before 
the appeal is heard, the Defence "may return to this judge on very 
short notice to continue this stay motion."

     Judge Blais agreed to be guided by Mr. Justice Rothstein's 
direction. "It's a reasonable option. There's no way I'll be able to 
render a decision by November 23," he said.

     The day started with yet another negative decision for the Zundel 
team. Mr. Lindsay reminded the judge of his statement, September 17: 
"Mr. Lindsay will start this oral representations on October 19." 
Crown attorney MacIntosh insisted that he should lead off as his 
written submission was in first.

       In asking the judge to honour his earlier promise, Mr. Lindsay 
pointed out: "The Crown has many tactical advantages. There are the 
secret hearings, some even over lunch. The Crown will also have the 
opportunity for secret submissions in this case. Letting Mr. Zundel 
go first would be a tiny effort to redress the balance."

     The judge announced a half hour recess to consider the motion. 
During the break, Peter Lindsay whispered to me: "Watch, Blais will 
screw us again on this procedure."

     As predicted, the former CSIS boss returned and reversed his 
earlier judgement: "The party bringing the matter before the Court 
goes first. What I said on page 6046 [of the transcript] was a 
mistake. So, we will go with the usual way of doing things. The Crown 
will go first." --

     The Crown's summation continues tomorrow. --  Paul Fromm

[END]