- Good Morning from the Zundelsite:
- During this latest Zundel persecution bonanza, now projected
to stretch into its third year, Canadian Zionist 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:
- Zundel Loses Supreme Court challenge
- Broadcast News (The 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
- 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
- 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.