- November 3, 2002
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- As Ernst Zundel struggled into Court this morning dragging
his heavy volumes of legal papers in a pillowcase, his 25 supporters who
packed the courtroom noticed that he was hampered by handcuffs. His supporters
greeted Mr. Zundel at this latest round of hearings into bail, a hearing
now into its eighth day, with a round of applause.
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- The combattive spirit carried over into Doug Christie's
bombshell opening. Mr. Christie moved that the judge Mr. Justice Pierre
Blais, who had been Solicitor-General in 1989 during the Mulroney government
recuse himself for reasonable apprehension of bias.
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- "You were in charge of the Canadian Security and
Intelligence Service when you were Solicitor-General," Mr. Christie
observed. "It is inappropriate for you to sit in judgement when CSIS
in bringing evidence before you in secret."
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- An obviously upset Blais repeatedly interrupted Mr. Christie
as he put his motion. "This is a motion asking you to recuse yourself
on reasonable apprehension of bias," Mr. Christie said, his voice
rising during Blais repeated interruptions. "CSIS representatives
appear before you. Because of cabinet secrecy, we do not know your involvement
with Mr. Zundel's case. We have reasonable grounds to believe that Mr.
Zundel was a subject of CSIS surveillance. I was concerned about your remarks
about COVERT ENTRY being a novel."
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- Mr. Christie was referring to John Mitrovica's book exposing
CSIS's scandals, including their opening Ernst Zundel's mail and telling
their operaives who were opening mail, in May, 1995 not to touch any package
from Vancouver addresssed to Mr. Zundel. One such parcel containing a powerful
pipebomb was delivered to Zundel. CSIS apparently knew it was coming and
did nothing.
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- As a former cabinet minister in charge of CSIS, "it
was your duty to let us know if you had contact with one of the parties,"
Mr. Christie chided the judge. "The relationship between you and CSIS
is not arm's length. You were the minister to whom CSIS reported. You were
their boss."
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- "CSIS," Mr. Christie continued, "has a
vested interest in discrediting Ernst Zundel and destroying him and having
him deported. He's an embarrassment to CSIS because, we alleged, Mr. Zundel
was the recipient of a bomb they knew about. You will be sitting in judgement
about accusations of CSIS over whom you were boss."
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- Mr. Christie urged: "In my respectful submission,
you should have disqualified yourself, as you had to sit in judgement over
the integrity Of CSIS."
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- "There's no right to cross-examine CSIS's secret
evidence. I have no way of knowing whether CSIS brought up Mr. Zundel during
your period in office. ... We will argue that CSIS has acted in bad faith
and with outrageous misconduct towards Mr. Zundel."
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- A very aggressive Mr. Justice Blais accused Mr. Christie
of "wasting the Court's time" and seeking to "derail the
hearing." Crown Attorney Donald MacIntosh said these charges against
the judge are very serious. Both he and Mr,. Christie urged that the hearings
be adjourned until Mr. Justice Blais rules on the motion for recusal.
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- Despite this, Blais ploughed ahead. He will be receiving
written submissions on Mr. Christie's recusal motion and will rule on December
10.
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- In the afternoon, Mr. MacIntosh resumed his cross-examination
of Ernst Zundel. He put to him the fact that in THE CANADIAN 100, by Jack
Granatstein, Ernst Zundel is listed as the 43 most influential Canadian
of the 20th century. "I'm a lowly German immigrant who made 43 of
the 100 people who most influenced Canada. Thanks to me,the false news
law was struck down. Mr. MacIntosh, that is my gift to Canadians."
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- Mr. MacIntosh asked about the earnings from Ernst Zundel's
distribution of literature.
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- Doug Christie objected repeatedly. "Can you tell
me how this is relevant as to whether Mr. Zundel is a threat to national
security? There is absolutely no legal justification to ask how much Mr.
Zundel made from legal activities."
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- Mr. MacIntosh said: "It will be our argument that
sending this material to 41 countries is a threat to national security,"
and one reason we oppose Mr. Zundel's release from detention." Mr.
Zundel had testified that the bulk of his income had come, not from book
sales, but from donations,
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- An incredulous Doug Christie said: "I submit your
Lordship should be outraged at the suggestion that one reason a person
should be detained is to prevent him from raising funds for his defence."
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- The judge's decision was curt. "Objection dismissed.
All relevant facts are to be gathered to assess the certificate filed before
us."
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- Later that evening, Mr. Christie was honoured for his
20 years battling for free speech in the Zundel case. Wolfgang Mueller
and Karl Ruppert of the German World Federation paid tribute to Mr. Christie's
commitment to free speech. Mr. Ruppert made Mr. Christie an honourary member
of the German World Federation.
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- Paul Fromm presented Mr. Christie with a plaque topped
by a Red Ensign, "the flag of the real Canada, before the erosion
of the protections of Anglo-Saxon justice," he said in his presentation.
The crowd of 80 gave Mr. Christie a standing ovation as he received the
plaque which read: "The Canadian Association for Free Expression proudly
salutes and honours Douglas H. Christie for outstanding courage and dedication
to the cause of freedom of speech, for tireless work and advocacy for the
cause of liberty, and, particularly, for self-sacrifice, skill and determination
in 20 years of battling the Zundel case. Presented November 6, 2003"
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