Statement from
Ernst Zundel's Lawyers
Zundel Faces Deportation Tuesday

From Ingrid Rimland
Dear Free Speech Supporter:
This has been a terrible week for those who believe in free speech in Canada. On Thursday, Mr. Justice Pierre Blais brought down his decision finding it reasonable for the government to believe -- that's not the same thing as finding the case to be true -- that Ernst Zundel is a threat to Canada's national security because he is an honoured senior stateman in the "White supremacist movement." It's clear that it's Ernst Zundel's ideas -- his skepticism about the 6-million claim, etc. -- and his skills as a publisher and communicator what have so annoyed the Canadian government and the Jewish supremacists who so relentlessly lobby and back them.
Judge Blais was in blatant conflict of interest judging evidence provided by the Canadian Security and Intelligence Agency (CSIS), Canada's spooks, as he was the former boss of CSIS. He three times refused to recuse himself.
Blais also accused Zundel of "destabilizing" the German government and, therefore, being a threat to their national security. In the mind of this bullet-headed state apparatchiik, any opposition to a government is a threat to national security.
I was talking to Mr. Zundel this afternoon. He called me from prison. He will be deported to Mannheim, Germany on Tuesday. Normally, the flight number is revealed to relatives. Not so for Mr. Zundel. Neither relatives, friends or his own lawyers will be allowed to see him off. "National security," you know.
Ernst wants me to let all his supporters around the world know that the fight will go on. He has not given up. There is an arrest warrant for him in Germany and he faces up to five years in a German jail for publishing his views. [Didn't someone say we fought WW II to help bring 'democracy' to Germany?] The Canadian act in this free speech drama is over. His persecutors are merely changing stages for the next act in the farce.
He also wants to thank all in Canada, the U.S. and elsewhere who helped with their donations, their letters to the authorities and their many cards and messages to him.
Paul Fromm
Canadian Association for Free Expression
Statement from Ernst Zundel's Lawyers
This statement concerns the pending deportation of 65 year old Ernst Zundel, who lived in Canada from 1958 to 2000, who has no criminal record in Canada and who faces no criminal charges in Canada.
Mr. Zundel has been in solitary confinement for 2 years and is about to be deported after a largely secret proceeding against him. The Crown and the presiding judge met secretly throughout his case, in the absence of Mr. Zundel and his lawyers. The Crown repeatedly presented evidence and made arguments to the judge in a Star Chamber type proceeding.
At the public proceeding, Mr. Zundel was told literally hundreds of times, when he asked for specific evidence of the case against him, that there was "nothing in the unclassified materials" . He was repeatedly blocked from asking questions of witnesses on the basis of "national security".
The presiding judge made repeated serious errors, forgot submissions and repeatedly misstated the appropriate legal test about what evidence should be kept secret. The same judge then evaluated the secret evidence.
Mr. Zundel complained of reasonable apprehension of bias by that judge. The same judge rejected Mr. Zundel's argument and later ordered him deported.
The Federal Court of Appeal rejected his appeal regarding bias. It appears that the Crown will not wait to see whether the Supreme Court of Canada will hear the further appeal Mr. Zundel has already filed on the bias issue. The Crown will deport him NOW.
The Supreme Court of Canada has been asked, in Mr. Adil Charkaoui's case, to consider the constitutionality of the law which allows secret evidence by which Mr. Zundel is deported. The Crown will not wait until the Supreme Court decides whether to hear that appeal. If the law is ultimately ruled to be unconstitutional, Mr. Zundel will likely hear about it from a German jail cell.
Probably no one cares because Mr. Ernst Zundel is notorious and reviled. The powerful and the popular do not need to rely on the fairness of our legal system. The marginalized and the reviled do. Our system has failed Mr. Zundel. We should care. But we fear most of us don't give a damn.
Mr. Zundel will not initiate any further court proceedings in Canada. His repeated request that Canadian courts recognize his rights to basic fairness and justice have been unanswered. He will not beg for those rights.
Mr. Zundel has gone through the entire security certificate process, unfair though it was, to a conclusion. He has no right to appeal or to judicial review. He has gone to every available level of court in Canada.
For 42 years, he has vigorously defended his freedom of expression within the Canadian justice system. All legal avenues have now been exhausted, as has his faith in the Canadian justice system and this security certificate system, which has been characterized by a Canadian journalist, after witnessing part of Mr. Zundel's proceeding, as a "frightening charade of justice".
Peter Lindsay
Chi-Kun Shi
Counsel for Ernst Zundel



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