- Good Morning from the Zundelsite:
- Yesterday I wrote that, to my knowledge, hardly anything
appeared in the Canadian papers about the latest outrage indulged in by
former CSIS boss and now presiding judge, Judge Blais, in the increasingly
judicially abusive Zundel deportation hearing.
- One of my correspondents wrote of the ruling: "This
is beyond evil."
- Right he is! Every indication is that Ernst is a political
kidnap victim for his politically incorrect views. Now the judge has ruled
that Ernst is not allowed to question people he has every reason to suspect
might be his kidnappers or, at the very least, might have pulled the strings
behind the curtains by using government agencies and agents to act as hit
squads for them.
- As I understand it, what has happened is, in essence,
this: Judge Blais has ruled that Ernst Zundel is not entitled to find out
and make known to the world via witness testimony who was behind his deportation,
who is behind his brutal and inhuman incarceration without any criminal
charges, how much CSIS knew about a parcel bomb sent to his residence in
1995 and why he wasn't warned, and what extraordinary efforts have been
made for all of twenty years to deport him to Germany to silence him for
good about his solid evidence that the beyammered "Holocaust"
is nothing but a monumental fraud and lucrative extortion scheme.
- The defence team has filed for leave to the Supreme Court
of Canada, but Ernst predicts now - at least that's what he told me last
night - that he will be given "the bum's rush" and, by yet another
in-your-face, abusive ruling by Judge Blais, be simply arbitrarily declared
a "terrorist" in mid-trial and sent to Germany BEFORE the Supreme
Court will have a chance to hear the controversial case.
- Then Canada will say, as the United States has said:
"He's gone! What can we do? We have no jurisdiction over Germany!"
- What it will also mean is that an ugly precedent will
have been set that gives the judiciary dictatorial powers to do away with
any inconvenient critic - with nobody any the wiser.
- A few days ago, Ernst said to me: "This whole 'war
on terror' is really a war against Israel's enemies. That state is not
viable. It's over for them - and they know it. What you and I are caught
up in are the death throes of the Old Liberal Order. It's messy to watch
anything die, but something new and better will be born."
- That's what the Canadian story is - one day before elections!
Will the Marxists that have ruled and ruined Canada ever since the Sixties
and Trudeau, finally get thrown out on their ears? The choice will be the
- The Globe and Mail's Kirk Makin wrote up of the latest
as clearly as he could in the current Canadian climate:
- BREAKING NEWS UPDATED AT 1:11 AM EDT
Saturday, Jun 26, 2004
- Zundel trial won't hear from judge
By KIRK MAKIN
From Saturday's Globe and Mail
- An Ontario judge will not have to testify at a special
deportation hearing where Holocaust denier Ernst Zundel has been branded
a risk to national security, the presiding judge has ruled.
- Mr. Justice Pierre Blais of the Federal Court of Canada
concluded that in spite of Ontario Court Judge Lauren Marshall having acted
as Mr. Zundel's lawyer 20 years ago, she can add little to his understanding
of deportation proceedings.
- "I do not need to be reminded of the perils of ex
parte proceedings, nor to be told how to carry out my judicial duties,"
Judge Blais said.
- He also quashed defence subpoenas requiring a journalist
and two prominent Jewish community leaders to be questioned at the hearing.
Judge Blais said they would add little of relevance.
- Mr. Zundel's deportation was ordered under a rarely used
security certificate, a process by which the Canadian Security Intelligence
Service can provide information in secret sessions.
- The Zundel defence team is not privy to the information,
yet it must still convince Judge Blais that it is unreliable. Should Mr.
Zundel fail, he will be deported to Germany to face a five-year prison
term for the crime of denying the Holocaust.
- Judge Blais's ruling brought an angry response from Peter
Lindsay, Mr. Zundel's lawyer. "Is it justice to deny someone even
a chance to question the intent or motive of politicians?" he asked
in an interview. "Is it justice to allow secret evidence and deny
the person against whom the secret evidence is being used even an opportunity
to challenge it in any real way?"
- Mr. Lindsay had been hoping the testimony would paint
a picture of an unprecedented, 20-year campaign waged against his client
by politicians, police and lobby groups.
- "It is already difficult enough to represent someone
in a trial where the key evidence is kept secret," he said. "Regrettably,
Justice Blais's decision makes it even more difficult. The court has thus
left Mr. Zundel powerless against the secret evidence and effectively denied
him any meaningful hearing."
- According to Mr. Lindsay, Judge Marshall initially agreed
to recount the extraordinary lengths to which authorities went in 1985
to deport her former client. But on the day she was expected to testify,
she sent a lawyer to quash the subpoena.
- Judge Blais noted in his ruling that the onus is on the
party who subpoenas a witness to show that he or she is likely to provide
- Mr. Lindsay subpoenaed journalist Andrew Mitrovica in
hopes of shaking the general credibility of CSIS. Mr. Mitrovica would have
been questioned about a 1995 incident described in his book, Covert Entry,
in which CSIS allegedly knew a pipe bomb was being sent to Mr. Zundel through
the mail, yet failed to warn him.
- Judge Blais said that to allow the subpoena would be
to threaten press freedom.
- "The benefits of having Mr. Mitrovica testify seem
rather doubtful, as against certain harm to the freedom of the press,"
he said. "Compelling him to produce his notes and materials is unduly
intrusive, and given the probative value that I could attach to such hearsay
materials, I see no need to disturb the journalistic privilege that attaches
to Mr. Mitrovica's evidence."
- In quashing subpoenas against Keith Landy, president
of the Canadian Jewish Congress, and Frank Dimant, executive vice-president
of B'Nai Brith Canada, Judge Blais said it is no revelation that their
organizations lobbied federal ministers to deport Mr. Zundel.
- "The intent or motives of the ministers is of no
interest to this court," he said. "The certification stands or
falls on the strength of the evidence supporting it."