Update On The Zundel Case

From Ingrid Rimland
A few more days, and the Zundel Security Certificate hearings conclude. For the third time, Judge Blais has been asked to take himself off the case, since he is literally dripping with bias. There is yet to be another hearing before some appellate body on the matter. By now, there have been so many appeals about the disgusting unfairness of it all, I barely know what's what. The only item that registers in my fatigued brain is that, apparently, Judge Blais has promised not to announce a final ruling before November 23.
Does anybody still expect a miracle?
B'nai Brith, in a press release written by Anita Bromberg, B'nai Brith counsel, dated October 28, 2004 said this:
Hearings crawl to close in Zundel review
More than 18 months since Judge Pierre Blais of the Federal Court commenced hearings to review the reasonableness of the security certificate issued against Holocaust denier Ernst Zundel, only one more day is scheduled to complete final submissions. But as lawyers who have been monitoring proceedings by and against Zundel spanning more than two decades will undoubtably warn you, it is wise to expect the unexpected.
Could be!
Ernst laughed when I read him this passage. He said: "Have they finally figured me out?"
Meanwhile, we soldier on. Lots is happening, on many different fronts, including many little "mini initiatives" by wide-awake Canadians who are not in the least pleased of this ritual judicial kosher slaughter of an utterly innocent man. I have literally thousands of letters that say so - all of them sent, faxed, emailed to the Honorable Anne McLellan - to a deafening silence! What else?
For instance, a few weeks ago I was approached by a Canadian writer who described himself as a small-town activist on various local issues. He had become intrigued by Ernst Zundel's political persecution and asked my permission to do something about it. Of course I told him no permission was needed - he was more than welcome to put his shoulder to the wheel.
Here is one of his letters to his own readership list:
All recipients of this email are listed in a BCC because the topic of this email is politically "unpopular" and somewhat "McCarthy-istic". The exceptions are the Honourable Anne McLellan, our minister who looks into this type of thing, and Ingrid Rimland who is the wife of Ernst Zundel.
So my political friends, I forward to you the ever-unpopular Ernst Zundel!
I KNOW that you don't want to hear about him and you certainly don't want your name to be ASSOCIATED with his. But you are also some of the most FAIR-MINDED individuals that I know and I cannot HELP but keep you informed from time to time on this matter. I know the kinds of people you are, and I know that justice will pick at you until you have to do something about this. Or at least look into it secretly, when nobody is watching.
During my investigations into this matter, I have come to realize that Mr. Zundel is not the monster he has been made out to be. He appears to me to be nothing more than a publisher and an historian, among an ever-growing number of historians, who disbelieve the currently accepted version of the "Holocaust of the Jews". In any case, whatever he believes is fine with me. That freedom is 100% Canadian. I have purposely read nothing of his writings so all of my information comes from the transcripts of his trials. In these transcripts there has been no evidence that he is anything more than a publisher and sometime historian nor that he has ever uttered a phrase that could be considered "hateful" of any group, nor that he has ever condoned the use of violence.
Canada has broken this man financially with non-stop criminal proceedings and yet he has never been convicted of any crime.
Interestingly, some of the expert witnesses on history, brought in to challenge his beliefs in court, have been forced to rewrite their books because of new evidence that THEY learned from the Zundel team during the trials! So at least as Canadians, we can proudly say that we are making history more accurate with our tax money!
So stop being afraid of him and listen to what is going on. None of us are historians so that debate is none of our concern anyhow. Look at the big picture of the Security Certificate.
I am forwarding to you a copy of an article written in today's Globe and Mail. Please read it, even if it's just to humour me.
Particularly interesting to me is the fact that this was very likely written in the Globe and Mail directly due to MY INTERVENTION! Finally, someone agreed that if we only IGNORE WHO ERNST ZUNDEL IS, we would see the extreme danger of this Security Certificate test case. Amnesty International has some really STRONG things to say about it... you might check that out too (see attached letter addressed to the Honourable Anne McLellan).
Craig (one of our recipients today) will recall Mel Hurtig's book release at the Press Club in Ottawa a couple of weeks ago where we sat with the Globe reporter on Immigration. We discussed Mr. Zundel's case and marvelled that, if what I were saying were true, nobody had been covering this story that appeared to be a blatant example of using an "untouchable" topic as the test case for an illegal and frightening law. It appears that the story was handed over to the correct person at the Globe and Mail, the Justice Reporter, and is now, finally, in print.
When it appears in the Globe & Mail, it makes ME look less the loony "John-the-Baptist-Crying-In-The-Wilderness". I HATE looking loony.
Please note that no actual "CRIME" is even attached to the accused as that is not necessary under a Security Certificate. The closest thing to an accusation is the suggestion that his association with some undesireable Canadians might make him a threat to National Security and so, not deserving of a fair trial, he may now be permanently incarcerated in solitary confinement with no chance to defend himself legally. Right now you believe that I am exaggerating. I know. Read on.
Also not mentioned is that the present "Judge Blais" is also the same man who appears to have consented to the many laws broken by the RCMP in the '80's in his hatred of what he called "the Right-Wing" (remember the RCMP scandals with the Reform Party and others?). He is also the man who was Soliciter General when CSIS knowingly allowed pipe bombs to be sent to Ernst Zundel's home in the '90's (as given in sworn testimony by an RCMP officer during this trial I believe). Judge Blais may be said to be "out to get" Ernst Zundel and yet he is allowed to preside over a case where no public evidence is required to be given and no specific crime has been said to have been committed.
If any of you can add to my understanding of this case, please contact me. I am particularly hoping that the Honourable Anne McLellan will be able to provide more information to Canadians. The phrase "SECRET TRIALS" should never be followed by "ARE LEGAL IN CANADA".
Thank you for your time and patience. And please read this copy of what I like to call "MY STORY".
James White
PS. I do NOT hate Jews, or anybody. You all know me well enough to know that it is my love of JUSTICE, my pride in CANADA and my lack of FEAR (sometimes called "foolishness") that make me help the underdog, in this case, Mr. Zundel. And I will help you too, should the need ever arise, as I hope you would help me (and may have to as a result of my vociferous involvement in this "untouchable" case and the Montreal demerger! I'm becoming a lightning rod!).
The article referred to above:
Judge accused of 'misguided approach' in Zundel case
Blais guilty of dispensing 'secret justice,' lawyers for Holocaust denier assert
UPDATED AT 7:36 AM EDT Thursday, Oct 21, 2004
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]



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