- Imagine that you're 65 years old and you're in jail.
In solitary confinement. You are strip-searched whenever you see your lawyer.
Once before. Once after. For two years.
- Imagine that you're there because two politicians signed
a piece of paper ("security certificate") saying that you are
a security risk. You are not charged with a crime. You don't have a criminal
record. You have lived in Canada for 42 years.
- Imagine that those two politicians don't have to be right,
so long as a judge thinks that they are "reasonable". So long
as they are "reasonable", they can deport you to a country where
you go to jail for saying something that you have the right to say in Canada.
The Supreme Court of Canada had promised you that right.
- Imagine that the prosecutor and the judge get to meet
secretly without you and your lawyer and you never find out what they did
in secret, what they read, who they saw. Again and again.
- Imagine that your lawyer thought he was at a critical
point in your trial. He thought the lunch break was longer then usual.
Turns out the judge and the prosecutor were having a secret session again
while you had lunch. They refuse to tell you or your lawyer what happened.
- Imagine that you are accused of causing violence so bad
that you are a danger to Canadian national security. When you ask when
and where, they say: can't tell you. You ask why not, they say: national
- Imagine that the judge making so many mistakes that it
took more than 100 pages of transcripts to show them all. Imagine the judge
making the same mistakes again and again. And always to your detriment.
Imagine this judge having the power to deport you and you have no right
- Imagine that a prominent civil libertarian tells you
this process is wrong and he will stand with you to say so, only to back
out at the last minute.
- Imagine that he comes back as soon as you were deported,
condemning this process as your plane left Canada.
- Imagine that a judge says she thinks this process is
unfair to you and will say so in court, only to change her mind at the
- Imagine that a newspaper counts the number of security
certificates and yours is never included. Imagine the moment you have been
deported, everyone talks about how awful and illegal security certificates
- Imagine that the media is suddenly interested in you,
as soon as they are sure that you will be deported. Your deportation and
upcoming jail time is reported in meticulous detail.
- Imagine that this is Canada in 2005 and you've been named
in a security certificate.
- Imagine that everyone says that security certificates
are a disgrace to Canada but somehow it was fine to use one on you.
- Imagine that you may be Ernst Zundel, or you may be someone
with an opinion disliked by many.
- David Irving comments:
- For some of us, imagining this nightmare is easier than
for others. I went through much the same skewed judicial procedure in November
1992 in Canada, when the traditional enemies planted in Canadian government
files fake documents about me (concocted by and obtained from the Board
of Deputies of British Jews in England) and then persuaded the Canadian
immigration service to deport me.
- Our appeal was heard by a Mr Justice Rothstein, who mysteriously
took over the case from a judge with a less unpromising name; in a one-line
judgment Rothstein refused to hear the appeal, without stating any grounds.
- The enemies have miscalculated: like Zündel, I fought
back, and I fancy that Zündel's voice will roar louder than ever once
he is a free man again.
- The mystery is this: that the traditional enemies believe
that all this will somehow advance their cause -- and that ordinary Canadians
are not listing it all, in the darker recesses of their memories, for when
the time comes.