- OCTOBER 19, 2004. TORONTO.
- The heavy rouge, false eyelashes and the flaming orange
fright wig can no longer hide the truth. The Canadian government's case
against Ernst Zundel was shown in its full ugliness today, like an old
whore stripped of her wig and rouge to reveal the wrinkled, grey,
hag underneath. As Justice Department attorney Donald MacIntosh delivered
his final summation, it became clear that the Canadian government considers
those who question the Holocaust terrorists. As in any Third World
in the New World Order Canada, dissent is deemed a threat to national
Somehow Mr. Zundel, a lifelong pacifist, who has never been charged or
convicted of any crime in Canada, was associated with 9/11 terrorists and
Osama bin Laden.
- [Mr. MacIntosh railed] against the "pernicious evil
of hate propaganda." Referring to the two federal ministers --
Minister Denis Coderre and Solicitor-General Wayne Easter -- who signed
the original CSIS national security certificate, Mr. MacIntosh said:
ministers have a bona fide belief that Mr. Zundel's distribution of
to Germany, Austria and 40 other countries is a major concern."
- Mr. MacIntosh referred to a question asked of CSIS
Dave Stewart in testimony this spring. "Did the illegality of Mr.
Zundel's material in Germany and Austria have an effect on his
Mr. Stewart was asked. "Correct," he answered.
- Mr. MacIntosh quoted extensively from the Supreme Court
Decision in the early 1990s about the Keegstra "hate" propaganda
case, where the Court ruled Canada's notorious "hate law",
319 constitutional. "The harm caused by hate propaganda constitutes
a serious threat to group relations in Canada. Canada's international human
rights obligations should inform our interpretation of law," he
"Canada has a duty to do something about" such literature.
- Hunched like a grey headed Starling, flipping through
tomes of legal authorities, and reading passages, his nose not six inches
from the text, Mr. MacIntosh charged: "Mr. Zundel seeks to destroy
the multicultural fabric of society. We're concerned that certain people
Mr. Zundel has connections with have violent, racist
- The government clearly argued that Canada's obligations
to the New World Order must supersede free speech in Canada. "The
Ministers have a reasonable belief that Mr. Zundel's material incites
Mr. MacIntosh explained.
- However, the national security certificate did not say
that Mr. Zundel was a threat to Canada's security because of controversial
or unpopular views or because, as he said from the witness stand, 'I'm
a pain in the ass to the Canadian establishment." On the contrary,
Mr. Zundel was accused of being a terrorist. The CSIS Act gives a clear
definition of threat to national security. These are sedition (supporting
the violent overthrow of the government), espionage, sabotage, foreign
directed activities, and advocating or practising serious acts of violence
against persons or property to promote one's political or religious views.
The balding, 65-year old publisher, pale after 20 months in solitary
would seem to fit none of these definitions.
- Mr. MacIntosh reminded Judge Blais: "The role of
the designated judge is not to determine the correctness of the
but only its reasonableness." He pointed out that the standard the
Crown must reach is very low. "The standard is 'reasonable grounds'
which is even less than 'balance of probabilities.' 'Reasonable grounds'
means a bona fide belief of a serious possibility based on credible
- He then referred Mr. Justice Blais to a decision of the
Supreme Court of Canada in the Suresh case: "Danger to the security
of Canada should be given a fair, large and liberal interpretation if a
person poses a threat, direct or indirect, to the security of
- In his submission, Mr. MacIntosh tried to assail the
powerful evidence of former Defence counsel Douglas H. Christie. "Mr.
Christie brought forth the 'old-and-out-of-touch' defence," he charged
referring to the opinions of Ewald Althans and Terry Long about Mr.
- With his arms waving and his voice rising and twanging,
Donald MacIntosh demanded: "What would happen if Dennis Mahon, who
is banned from Canada, snuck into Canada and testified that Mr. Zundel
is 'old and out of touch'? What if a young al-Qaeda member said Osama bin
Laden was 'old and out of touch,' it would make it a travesty of
- As the hearings started in Courtroom 410, lead Defence
counsel Peter Lindsay rose to announce the results of a hearing before
Mr. Justice Marshall Rothstein in the Federal Court of Appeals in Ottawa,
October 14. The judge set November 23 for a special one day hearing in
Ottawa appealing against Mr. Justice Blais's latest and third refusal to
recuse himself for the reasonable perception of bias in the Zundel case.
The Crown's counter motion to strike the appeal will be heard at the same
time. The Zundel legal team won a stay in all but name, as Mr. Justice
Rothstein gave a clear direction that Mr. Justice Blais should give both
parties seven days' notice before he issues his judgement so that, if the
judgement is announced before the appeal is heard, the Defence "may
return to this judge on very short notice to continue this stay
- Judge Blais agreed to be guided by Mr. Justice
direction. "It's a reasonable option. There's no way I'll be able
to render a decision by November 23," he said.
- The day started with yet another negative decision for
the Zundel team. Mr. Lindsay reminded the judge of his statement, September
17: "Mr. Lindsay will start this oral representations on October
Crown attorney MacIntosh insisted that he should lead off as his written
submission was in first.
- In asking the judge to honour his earlier promise, Mr.
Lindsay pointed out: "The Crown has many tactical advantages. There
are the secret hearings, some even over lunch. The Crown will also have
the opportunity for secret submissions in this case. Letting Mr. Zundel
go first would be a tiny effort to redress the balance."
- The judge announced a half hour recess to consider the
motion. During the break, Peter Lindsay whispered to me: "Watch, Blais
will screw us again on this procedure."
- As predicted, the former CSIS boss returned and reversed
his earlier judgement: "The party bringing the matter before the Court
goes first. What I said on page 6046 [of the transcript] was a mistake.
So, we will go with the usual way of doing things. The Crown will go
- The Crown's summation continues tomorrow. -- Paul