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The Continued Detention Of
Ernst Zundel - Part 2

From Ingrid Rimland
irimland@mail.bellsouth.net
9-29-4
 
Good Morning from the Zundelsite:
 
Herewith Paul Fromm's write-up about Ernst Zundel's continuing detention in solitary confinement - a cell where pens are forbidden as "dangerous weapons", where the light is kept on 24 hours a day, where strip searches are ordered after a friend's visit behind bullet-proof glass or even a telephone call, where to receive a pillow calls for a ministerial okay, and where tap water mixed with a dash of orange juice to keep the blood pressure down is called "self-medication" and, hence, disallowed:
 
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Dear Free Speech Supporter:
 
Welcome to the Northern Banana Republic, Absurdistan, where an autocratic regime keeps political dissidents in jail. With Irwin Cotler, a militant Zionist as Justice Minister, and federal politicians massively lobbied by outspoken Zionist groups that are sworn enemies of free speech, Canada is increasingly a place where political dissent can land you in prison.
 
It's no surprise. Although he had promised his decision a week earlier, on September 22, Mr. Justice Pierre Blais announced that Canada's most famous political prisoner Ernst Zundel must spend another six months in solitary confinement. You see, the lifelong pacifist who has never been charged, much less convicted of a crime of violence in Canada or anywhere else, is accused by Canada's corrupt Canadian Security and Intelligence Service (CSIS) of being a "terrorist" and, therefore, a threat to national security.
 
Judge Blais has been so hopelessly hostile to Mr. Zundel and his several lawyers that the decision was a foregone conclusion. After all, he had said, during Mr. Zundel's testimony in July 2003, that he didn't believe him. On January 21, he had concluded that "there are reasonable grounds to believe that Mr. Zundel continues to be a danger to national security or to the safety of any person" and, therefore, ordered his continued incarceration.
 
Mr. Zundel has not, of course, been charged with any crime. In his January 21 decision, Mr. Justice Blais had, in fact, ruled on the substance of the case: whether it was "reasonable" for the ministers to sign the CSIS national security certificate last May 1. Well, if there are reasonable grounds to believe Mr. Zundel is a danger to national security, it would seem that the judge has already made up his mind.
 
None of this is surprising. Pierre Blais was the former boss of CSIS. In 1989, as Solicitor-General in the Mulroney government, he was in charge of CSIS, interestingly, at the very time they were knee deep in dirty tricks spying on the fledgling Reform Party and the Heritage Front. In November. Mr. Zundel's then lead counsel Douglas H,. Christie made a motion calling on Judge Blais to recuse himself. He refused. More. recently, on September 14, Peter Lindsay, Mr. Zundel's current lead counsel, made a similar motion now based on a ponderous record of biased decisions against Mr. Zundel.
 
Judge Blais's decision consigning the 65-year-old German publisher to another six months in jail -- a form of indefinite detention -- is a masterpiece of deception. Judge Blais criticized Mr. Zundel and Mr. Lindsay for not clarifying Mr. Zundel's relationship with a host of people, linked to him by guilt-by-association in the report filed with the certificate. Mr. Zundel, in testimony in July 2003 and this spring did clarify these relationships, such as they were.
 
Now Judge Blais seems to suggest that Mr. Zundel should be further punished for his criticism of CSIS's hostility toward him: "Mr. Zundel decided not to address these issued and not to clarify his relationship with those individuals and organizations. Mr. Zundel decided to demonstrate that he is more or less a victim of a vendetta by CSIS against him." (12) One wonders whether Judge Blais was sleeping on July 27, August 30 and 31. In dramatic testimony, Douglas Christie, the "Battling Barrister" from Victoria gave his observations of nearly 20 years of representing Ernst Zundel, including an aggregate of 18 months spent over the years living at Zundelhaus in Toronto.
 
Mr. Christie was emphatic about Mr. Zundel's outspoken contempt for people who resort to violence or talk about violence. He specifically addressed Mr. Zundel's relationship to all the persons mentioned in the report. His conclusion was that Mr. Zundel was admired by many people, but that young people, far from looking to him as a guru, thought he was out of touch and tended to ignore his advice. Mr. Christie characterized Mr. Zundel's supporters as largely German and Anglo, ageing, and extremely law-abiding. Mr. Christie is, of course, a gentleman and an officer of the Court. One might think that his testimony might count for something.
 
Once again, former CSIS boss Mr. Justice Pierre Blais upholds the preposterous. "I would agree with counsel for the Ministers that, even though counsel for Mr. Zundel has shown dissatisfaction with the disclosure of the evidence, Mr. Zundel has received adequate disclosure in this case. " (27) Despite numerous secret hearings, including one at noon the day Mr. John Farrell, former CSIS operative and mail thief testified, Mr. Justice Blais has not revealed a single extra scrap of information to the defence.
 
The fiction is that secret evidence is given to the judge in camera and he must assess whether divulging this information would be injurious to national security. It beggars belief that not a single piece of information fails to meet this test.
 
However, Judge Blais's understanding of a threat to national security is so broad that he refuses to tell the defence even how many days of secret evidence have been heard.
 
Can't tell us: "National security!"
 
Paul Fromm
 
Director
 
CANADIAN ASSOCIATION FOR FREE EXPRESSION INC.
 
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