The Zundel Case:
The September 30 Canadian
Supreme Court Decision

By Ingrid Rimland
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 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
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.



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