- Good Morning from the Zundelsite:
- Just as we expected, the Supreme Court of Canada turned
us down. Not one of us is surprised.
- Don't think this is the end. Mike Rivero of www.whatreallyhappened.com
- For those who have not been following the story, Ernst
Zundel has not committed any crimes. He has not encouraged others to commit
crimes. The public portion of his trial in Canada has demonstrated that
he is a peaceful man.
- But certain vested interests want Zundel sent to Germany,
where he can be jailed for asking a question that those vested interests
don't actually have an answer for. The problem is that it is the extreme
actions those vested interests have gone to to silence Zundel which has
most called into question the very dogma they espouse.
- ***I personally did not pay attention to what Zundel
was saying until I saw the extreme measures being used to silence him.***
- Truth needs no laws to support it. Throughout history
only lies and liars have resorted to the courts to enforce adherence to
- That is exactly how I found Revisionism - and found Revisionism
compelling! For me, it wasn't the historical documents and forensic arguments
that made me want to help bring Truth in History to ever new, ever more
committed people - it was the brutal, even deadly persecution of people
like Ernst that convinced me.
- No race that is innocent behaves in such hysterical fashion!
The Holocaust Lobby is guilty as hell for having poisoned the planet with
- More and more people are finding us and putting their
own shoulders to the wheel. As for myself, I am so immersed in new projects
that are more of a public relations nature and VERY exciting that, once
again, I will make it easy on myself: I am sending you an excerpt of Paul
Fromm's write-up as well as the Globe and Mail take on the oral summary
argument of the Zundel Defense.
- Tomorrow I will be sending you the written summary -
one of the most stunning documents that I have ever seen! It's fascinating
reading even for those of us who find it difficult to plow through legal
- Here's Paul Fromm:
- Dear Free Speech Supporter:
- Today the Supreme Court of Canada refused to grant leave
for Ernst Zundel to appeal the decision by the Ontario Court of Appeals
upholding a lower Court's refusal to hold a habeas corpus hearing into
the detention of political prisoner Ernst Zundel, who has been held in
solitary confinement in a Canadian jail for 20 months. This was a jurisdictional
point. Mr. Zundel contended that the Ontario Court, because it provides
a hearing much more quickly, was open to him. The appeals court ruled that
the Federal Court, where motions sometimes take five years, took precedence.
The Supreme Court refused to hear the appeal.
- It must be said that the decision by Justices LeBel,
Bastarache and Deschamps won't surprise Ernst Zundel. He has commented
to me on the increasingly politicized Court, pointing to the recent appointments
of two social engineering radicals Madame Justice Charron and, of course,
(...) Rosalie Abella. The three judges, according to the Supreme Court
of Canada website, ruled thus: "The application for leave to appeal
is dismissed with costs." The final financial stiletto of loading
Mr. Zundel with the Crown's costs is in keeping with the trend toward making
justice inaccessible for all but the very rich or the poor, funded with
- On September 29, the same three judges refused to grant
Mr. Zundel leave to appeal the startling decision by the Federal Court
of Appeals that seemed to make new law, by ruling that not only is Mr.
Justice Pierre Blais decision in the Zundel national certificate review
unappealable, but so too are all his interlocutory (procedural) decisions
along the way. Thus, the judge in these national security cases can be
an unchecked dictator.
- Where do we go from here:
- * On November 1, the certificate review continues before
Mr. Justice Blais with Peter Lindsay continuing his stirring summation
for the defence, which should last another two days.
- * On November 23, the Federal Court of Appeals in Ottawa
will hear an appeal against Judge Blais refusal to recuse himself for a
reasonable apprehension of bias. This motion -- the third (!) recusal motion
-- was heard on September 14. The motion details a series of blatantly
prejudicial rulings and manifestly unfair behaviour on Blais's part. Should
it succeed, it might well send everything back to square one before a new
- * And some more surprises I cannot share at this moment.
- Unafraid and unbowed, the German revisionist publisher
continues to sit in his Toronto prison, not charged and no guilty of any
crime in Canada. His legal team fights on.
- Below, the Globe and Mail article:
- Judge accused of 'misguided approach' in Zundel case
Blais guilty of dispensing 'secret justice,' lawyers
for Holocaust denier assert
By KIRK MAKIN
- JUSTICE REPORTER
- Thursday, October 21, 2004 - Page A5
- Holocaust denier Ernst Zundel's lawyers have accused
a Federal Court judge of running an error-plagued deportation hearing that
"cheapens and degrades" the justice system.
- In scathing arguments that took them into terrain where
few lawyers have dared to tread, defence lawyers Peter Lindsay and Chi-Kun
Shi accused Mr. Justice Pierre Blais of actively embracing the secrecy
of Canada's anti-terrorism law.
- The federal government has invoked the law's security-certificate
procedure in an attempt to deport Mr. Zundel as a threat to national security.
- The lawyers said that what they called Judge Blais's
"misguided and unchecked" approach to national security has meant
that Mr. Zundel -- whom they described as a long-time pacifist with no
criminal record -- has been plunged into an 18-month ordeal of solitary
confinement and legal unfairness.
- They said Judge Blais seems unable "to even understand
simple submissions," and that a colossally unfair proceeding has devastated
Mr. Zundel's right to fairness and brought the justice system into disrepute.
- Evidence in security-certificate proceedings is presented
to the judge in secrecy and not revealed to the defence.
- "Maybe no one cares, because this is only the notorious
and reviled Ernst Zundel," Mr. Lindsay and Ms. Shi said in a written
submission. "But it is not only Ernst Zundel. The apparent approach
of the court in this case cheapens and degrades all participants in this
important part of our system of justice -- and our system of justice itself.
Mr. Zundel is thus at the mercy of a secret proceeding and of the judge
- "Secret justice, dispensed in the way it has been
in this case, is no justice at all. It is Mr. Zundel's plea that this court
look at the mistakes it has made and change its approach with respect to
this matter, in order to appear more even-handed and fair."
- The defence attack was the culmination of steadily mounting
frustration in the courtroom. Mr. Lindsay and Judge Blais have had repeated
testy exchanges in recent months, usually over Mr. Lindsay's right to call
or cross-examine witnesses.
- The defence has tried twice to have Judge Blais -- a
onetime solicitor-general of Canada -- recuse himself. An appeal of his
refusals will be heard next month in the Federal Court of Appeal.
- Mr. Lindsay argued in court yesterday that the proceeding
is a perversion of what the security-certificate legislation was intended
to do, that is, to roust out genuine terrorists who could wreak havoc on
- Mr. Lindsay said the secrecy provisions have allowed
government lawyers to produce next to no evidence in the public segments
of the hearing. Meanwhile, behind closed doors, he said, they have inevitably
trotted out a melange of hearsay and baseless accusations that cannot be
- "The public case is non-existent," Mr. Lindsay
said. "It is devoid of evidence. It is an ocean of innuendo and implied
involvement of Mr. Zundel in inspiring other people to commit acts of violence
or terrorism -- without ever providing any proof . . .
- "The public case goes far beyond guilt by association,"
he continued. "It is guilt by contact. I don't say this easily, but
it makes McCarthyism look reasonable."
- Mr. Lindsay said that Judge Blais has heard persuasive
evidence that, far from inciting young hotheads of the far right to engage
in violence, Mr. Zundel has denounced violence and condemned those who
indulge in it.
- He said that Mr. Zundel has built his life around peacefully
arguing that the Holocaust has been exaggerated, resulting in the unfair
vilification of the German people.
- Otherwise, Mr. Lindsay said, his client lived a blameless
life in Canada for 42 years, never producing a single pamphlet or newsletter
that advocated violence.
- "According to the Crown, Mr. Zundel apparently woke
up one morning in 1990 and became a terrorist," Mr. Lindsay said.
"Here is this great purveyor of literature who distributes material
all over the world, yet they can't come up with one [item] showing him
- Mr. Lindsay said there is great irony in Mr. Zundel having
repeatedly become the victim of violence. He said that his client's home
was vandalized and ultimately burned down. Mr. Zundel has also been attacked
outside the courthouse and received any number of death threats and letter
bombs, Mr. Lindsay said.
- The case has adjourned until early November.