ZGram - 10/22/2004 - "Zundel Case: Supreme Court of Canada refuses to grant leave"

[zgrams at zgrams.zundelsite.org]

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

October 22, 2004

Good Morning from the Zundelsite:

Just as we expected, the Supreme Court of Canada turned us down.  Not 
one of us is surprised. 

Don't think this is the end. 

Mike Rivero of www.whatreallyhappened.com wrote:

[START]

For those who have not been following the story, Ernst Zundel has not 
committed any crimes. He has not encouraged others to commit crimes. 
The public portion of his trial in Canada has demonstrated that he is 
a peaceful man.

But certain vested interests want Zundel sent to Germany, where he 
can be jailed for asking a question that those vested interests don't 
actually have an answer for. The problem is that it is the extreme 
actions those vested interests have gone to to silence Zundel which 
has most called into question the very dogma they espouse.

***I personally did not pay attention to what Zundel was saying until 
I saw the extreme measures being used to silence him.*** [Emphasis 
added]

Truth needs no laws to support it. Throughout history only lies and 
liars have resorted to the courts to enforce adherence to dogma.

[END]

That is exactly how I found Revisionism - and found Revisionism 
compelling!  For me, it wasn't the  historical documents and forensic 
arguments that made me want to help bring Truth in History to ever 
new, ever more committed people - it was the brutal, even deadly 
persecution of people like Ernst that convinced me. 

No race that is innocent behaves in such hysterical fashion!  The 
Holocaust Lobby is guilty as hell for having poisoned the planet with 
lies!

More and more people are finding us and putting their own shoulders 
to the wheel.  As for myself, I am so immersed in new projects that 
are more of a public relations nature and VERY exciting that, once 
again, I will make it easy on myself:  I am sending you an excerpt of 
Paul Fromm's write-up as well as the Globe and Mail take on the oral 
summary argument of the Zundel Defense. 

Tomorrow I will be sending you the written summary - one of the most 
stunning documents that I have ever seen!  It's fascinating reading 
even for those of us who find it difficult to plow through legal 
transcripts.

Here's Paul Fromm:

[START]

Dear Free Speech Supporter:

     Today the Supreme Court of Canada refused to grant leave for 
Ernst Zundel to appeal the decision by the Ontario Court of Appeals 
upholding a lower Court's refusal to hold a habeas corpus hearing 
into the detention of political prisoner Ernst Zundel, who has been 
held in solitary confinement in a Canadian jail for 20 months. This 
was a jurisdictional point. Mr. Zundel contended that the Ontario 
Court, because it provides a hearing much more quickly, was open to 
him. The appeals court ruled that the Federal Court, where motions 
sometimes take five years, took precedence. The Supreme Court refused 
to hear the appeal.

     It must be said that the decision by Justices LeBel, Bastarache 
and Deschamps won't surprise Ernst Zundel. He has commented to me on 
the increasingly politicized Court, pointing to the recent 
appointments of two social engineering radicals Madame Justice 
Charron and, of course, (...) Rosalie Abella. The three judges, 
according to the Supreme Court of Canada website, ruled thus:  "The 
application for leave to appeal is dismissed with costs." The final 
financial stiletto of loading Mr. Zundel with the Crown's costs is in 
keeping with the trend toward making justice inaccessible for all but 
the very rich or the poor, funded with taxpayers' money.

     On September 29, the same three judges refused to grant Mr. 
Zundel leave to appeal the startling decision by the Federal Court of 
Appeals that seemed to make new law, by ruling that not only is Mr. 
Justice Pierre Blais decision in the Zundel national certificate 
review unappealable, but so too are all his interlocutory 
(procedural) decisions along the way. Thus, the judge in these 
national security cases can be an unchecked dictator.

     Where do we go from here:

     * On November 1, the certificate review continues before Mr. 
Justice Blais with Peter Lindsay continuing his stirring summation 
for the defence, which should last another two days.

     * On November 23, the Federal Court of Appeals in Ottawa will 
hear an appeal against Judge Blais refusal to recuse himself for a 
reasonable apprehension of bias. This motion -- the third (!) recusal 
motion -- was heard on September 14. The motion details a series of 
blatantly prejudicial rulings and manifestly unfair behaviour on 
Blais's part. Should it succeed, it might well send everything back 
to square one before a new judge.

     * And some more surprises I cannot share at this moment.

     Unafraid and unbowed, the German revisionist publisher continues 
to sit in his Toronto prison, not charged and no guilty of any crime 
in Canada. His legal team fights on.

[END]

Below, the Globe and Mail article:

Judge accused of 'misguided approach' in Zundel case

Blais guilty of dispensing 'secret justice,' lawyers for Holocaust 
denier assert

By KIRK MAKIN
JUSTICE REPORTER
Thursday, October 21, 2004 - Page A5

Holocaust denier Ernst Zundel's lawyers have accused a Federal Court 
judge of running an error-plagued deportation hearing that "cheapens 
and degrades" the justice system.

In scathing arguments that took them into terrain where few lawyers 
have dared to tread, defence lawyers Peter Lindsay and Chi-Kun Shi 
accused Mr. Justice Pierre Blais of actively embracing the secrecy of 
Canada's anti-terrorism law.

The federal government has invoked the law's security-certificate 
procedure in an attempt to deport Mr. Zundel as a threat to national 
security.

The lawyers said that what they called Judge Blais's "misguided and 
unchecked" approach to national security has meant that Mr. Zundel -- 
whom they described as a long-time pacifist with no criminal record 
-- has been plunged into an 18-month ordeal of solitary confinement 
and legal unfairness.

They said Judge Blais seems unable "to even understand simple 
submissions," and that a colossally unfair proceeding has devastated 
Mr. Zundel's right to fairness and brought the justice system into 
disrepute.

Evidence in security-certificate proceedings is presented to the 
judge in secrecy and not revealed to the defence.

"Maybe no one cares, because this is only the notorious and reviled 
Ernst Zundel," Mr. Lindsay and Ms. Shi said in a written submission. 
"But it is not only Ernst Zundel. The apparent approach of the court 
in this case cheapens and degrades all participants in this important 
part of our system of justice -- and our system of justice itself. 
Mr. Zundel is thus at the mercy of a secret proceeding and of the 
judge conducting it.

"Secret justice, dispensed in the way it has been in this case, is no 
justice at all. It is Mr. Zundel's plea that this court look at the 
mistakes it has made and change its approach with respect to this 
matter, in order to appear more even-handed and fair."

The defence attack was the culmination of steadily mounting 
frustration in the courtroom. Mr. Lindsay and Judge Blais have had 
repeated testy exchanges in recent months, usually over Mr. Lindsay's 
right to call or cross-examine witnesses.

The defence has tried twice to have Judge Blais -- a onetime 
solicitor-general of Canada -- recuse himself. An appeal of his 
refusals will be heard next month in the Federal Court of Appeal.

Mr. Lindsay argued in court yesterday that the proceeding is a 
perversion of what the security-certificate legislation was intended 
to do, that is, to roust out genuine terrorists who could wreak havoc 
on the country.

Mr. Lindsay said the secrecy provisions have allowed government 
lawyers to produce next to no evidence in the public segments of the 
hearing. Meanwhile, behind closed doors, he said, they have 
inevitably trotted out a melange of hearsay and baseless accusations 
that cannot be challenged.

"The public case is non-existent," Mr. Lindsay said. "It is devoid of 
evidence. It is an ocean of innuendo and implied involvement of Mr. 
Zundel in inspiring other people to commit acts of violence or 
terrorism -- without ever providing any proof . . .

"The public case goes far beyond guilt by association," he continued. 
"It is guilt by contact. I don't say this easily, but it makes 
McCarthyism look reasonable."

Mr. Lindsay said that Judge Blais has heard persuasive evidence that, 
far from inciting young hotheads of the far right to engage in 
violence, Mr. Zundel has denounced violence and condemned those who 
indulge in it.

He said that Mr. Zundel has built his life around peacefully arguing 
that the Holocaust has been exaggerated, resulting in the unfair 
vilification of the German people.

Otherwise, Mr. Lindsay said, his client lived a blameless life in 
Canada for 42 years, never producing a single pamphlet or newsletter 
that advocated violence.

"According to the Crown, Mr. Zundel apparently woke up one morning in 
1990 and became a terrorist," Mr. Lindsay said. "Here is this great 
purveyor of literature who distributes material all over the world, 
yet they can't come up with one [item] showing him advocating 
violence."

Mr. Lindsay said there is great irony in Mr. Zundel having repeatedly 
become the victim of violence. He said that his client's home was 
vandalized and ultimately burned down. Mr. Zundel has also been 
attacked outside the courthouse and received any number of death 
threats and letter bombs, Mr. Lindsay said.

The case has adjourned until early November.

[END]

file:///Macintosh%20HD/Documents/Eudora%20Folder/Attachments%20Folder/globeandmailstory.html%2013



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