RM Archive - onsite copies of linked stories

RM Issue #040131

Deport Zundel now
Toronto Star Jan. 28, 2004

At the risk of giving Ernst Zundel and his supporters more of the attention they so crave, we must ask once again: Why is he still in Canada? Zundel, an infamous Holocaust denier, has no claim on this country. He is not a citizen. He has thumbed his nose at our laws and made a mockery of our justice system for decades, tying the courts up with increasingly arcane legal gambits. His latest attack on Canada began nearly a year ago, when he was deported here by American immigration authorities. Since then, he has tied up the courts in legal actions by trying to claim refugee status. Now he is engaged in another endless fight, this time over whether he is a security risk. The Canadian Security Intelligence Service declared him a threat to national security a decade ago. Zundel has a country. It is Germany, which wants to see him return so he can face charges in a raft of crimes related to his spread of hate literature. But his allies claim sending him there amounts to persecution. It is time to end this legal mess. The federal government and Justice Minister Irwin Cotler must quickly get their act together and expedite this case. Judges should also move the case to the top of their court files. It's well past time to buy Zundel a one-way ticket.


Can't Tell You -- National Security
The following arrived in an email report from the courtroom where Ernst Zundel is seeking his release. At issue appears to be a deliberate attempt by CSIS to frame and smear Zundel because of his unpopular views. The judge in the case, himself a former CSIS official, is clearly trying to swing the case in CSIS favor and has refuised to recuse himself despite the obvious conflicts of interest. In virtually every instance where Zundel's lawyer attempted to ascertain just WHY Zundel had been declared a terrorist even though he has no criminal record, the judge sustained an objection based on "National Security".

Read the following report yourself, and you will get a good idea of just how afraid of Zundel the CSIS has become. More to the point, for you Canadian readers, this will illustrate the covert activities your own government is using against you.


TORONTO. January 26, 2004. For the second day in a row, defence lead counsel Peter Lindsay questioned a representative of the Canadian Intelligence Service (CSIS) on the witness stand in the Zundel hearing in Toronto. Mr. Lindsay got CSIS spokesman Dave Stewart to explain that a summary prepared for the then Minister of Citizenship and Immigration (Denis Coderre) and the Solicitor General Wayne Easter) last spring was a balanced document.

In questioning that was frequently interrupted by CSIS counsel Murray Rodych, lead Crown Attorney Donald MacIntosh and the judge Mr. Pierre Blais, all of whom seemed to run interference for witness Dave Stewart, Mr. Lindsay slowly revealed a picture of a skewed document which suppressed material favourable to Mr. Zundel. This was the information on which the ministers based their May 1, 2003 certificate declaring Ernst Zundel a "terrorist" and a threat to the security of Canada.

Today, especially, a repeated disruptive chorus stymied Mr. Lindsay in his questioning. "Objection: National security," Justice Department lawyer Donald MacIntosh would say.

"Objection sustained," Mr. Justice Blais, a former Solicitor-General and CSIS boss would respond. The judge had been asked by Douglas H. Christie, Mr. Zundel's former leader counsel to recuse himself on the basis of a "reasonable apprehension of bias" last fall, but he had refused.

After considerable argument, Friday, Mr. Lindsay had won the right to cross-examine Mr. Stewart. As a spokesman for an "adverse" party, the witness, under the rules of the Province of Ontario, can be cross-examined in direct questioning; that is, he can be questioned more aggressively and confrontationally than is customary with one's own normally friendly witness.

"Is it a fact that Mr. Zundel has no criminal convictions in Canada, despite having been here from 1958 to 2000?" Mr. Lindsay asked. Mr. Stewart agreed.

"It would appear that the Ministers of Citizenship and Immigration and the Solicitor-General were not told that Mr. Zundel had no criminal record after living here for 42 years," Mr. Lindsay continued.

"Not in this document," Mr. Stewart admitted.

"Are you able to explain to us why it was not put in the summary that Ernst Zundel had no criminal record?" the dogged Mr. Lindsay pursued.

"I did not write the summary," the CSIS spokesman answered. "The authors would have felt that it didn't need to be included in the summary," he added.

Mr. Lindsay questioned Mr. Stewart extensively about people mentioned in the summary whose guilt-by-association with Mr. Zundel serves, in the Crown's argument, to blacken Mr. Zundel's character.

In one of the numerous occasions when the witness was excluded, while the judge and lawyers argued procedure, Mr. Justice Blais asked; "It would be helpful for me to know why it is important that the summary mentions that some people have no criminal record."

"It's important," Mr. Lindsay replied, "because the witness said Friday that the report purports to be a balanced document as to why Mr. Zundel is a threat to the security of Canada. If so, it would present information on both sides. Yet, the document didn't mention that Ernst Zundel had no criminal record. Your Lordship has examined secret evidence that I have no knowledge of. I'm trying to undermine the fairness of CSIS. How fair has CSIS been? That's going to be a repetitive theme."

Mr. Lindsay then took the witness through a list of persons mentioned as associates of Mr. Zundel, eliciting the fact that most had no criminal record.

"Marc Lemire is mentioned in the summary. Does Mr. Lemire have a criminal record, sir?" Mr. Lindsay queried.

"There's no indication in the summary," Mr. Stewart admitted.

Mr. Lindsay also drew from the witness a reluctant admission that several of the people mentioned as Zundel associates were no longer politically active, including Wolfgang Droege, a founder of the Heritage Front and George Burdi, a former racialist firebrand and skinhead musician.

Mr. Stewart admitted that he'd read only about half of the voluminous material presented with the report. "Would there be someone at CSIS who has read more of it," Mr. Lindsay asked.

"Your Lordship ruled that the names of CSIS agents and the RCMP should not be revealed in the interests of national security," Murray Rodych objected.

Arguing for his right to question which had already been severely restricted, Mr. Lindsay said: "My friend called no witnesses. He strongly objected to the calling of Mr. Stewart until faced with an order from the judge and he opposed cross-examination.

"Do you know anyone at CSIS who quite likely has read more of the material than you have?" Mr. Lindsay again asked the witness.

"The witness should not be permitted to say whether others have more information. My friend is engaged in a fishing expedition?" Mr. MacIntosh argued.

"Have any of the people Mr. Zundel associated with been classified as a danger to the security of Canada?" Mr. Lindsay asked the witness.

"I don't know," Mr. Stewart admitted.

"Mr. Zundel lived in Canada from 1958 to 2000," Mr. Lindsay continued. "When did he begin to be a threat to the security of Canada?"

"That goes to operations and is classified," Mr. Rodych, the CSIS lawyer, objected.

"We know the answer: May 1, 2003," when the certificate of national security was served on Mr. Zundel, Mr. Justice Blais interrupted. "You're going nowhere. You're being tricky," he scolded Mr. Lindsay.

"I don't think, with respect, it's appropriate to call me tricky," the lanky defence lawyer retorted. "CSIS believes Mr. Zundel is a danger to the security of Canada," Mr. Lindsay continued.

"That's correct," Mr. Stewart responded.

Eventually, Mr. Stewart revealed that CSIS began to consider Mr. Zundel a threat to national security in 1990.

Entering on the explosive ground that lies at the heart of this case -- the animosity of CSIS to Mr. Zundel and the whole right wing -- Mr. Lindsay inquired: "Did CSIS play any role in the creation of the Heritage Front?"

"Not to my knowledge," the CSIS spokesman said.

"Didn't a gentleman named Grant Bristow play a major role in the development of the Heritage Front?" Mr. Lindsay asked.

"I recall the name, but I would say no," the witness replied.

"Was Grant Bristow an agent of CSIS," Mr. Lindsay continued.

Justice Department lawyer Donald MacIntosh was on his feet. "It's irrelevant. It's not connected to whether the certificate is reasonable, not whether it's true, but reasonable," he said, re-stating the incredible low threshold the Crown has to meet the triumph in this case.

"The question about Bristow's being an agent is not allowed," the judge ruled.

"Whether Bristow is an agent of CSIS goes to the fairness of CSIS. The Service makes a big production of the role and dominance of the White Supremacist Movement and Mr. Zundel's influence in it. If CSIS played a role in it, it would be significant."

"I don't think it's acceptable. We're not going to enter that territory. I accept the submissions of Mr. Rodych. I already made a decision on naming employees of CSIS and the RCMP" Mr. Justice Blais, the former boss of CSIS, ruled, temporarily sandbagging the defence counsel.

Pursuing another tack, M. Lindsay asked: "The summary refers to Mr. Zundel's book The West, War and Islam. Mr. Zundel was charged with spreading false news with this book. Did you know Mr. Zundel was acquitted of this charge? Did the summary provide the results?"

"I don't believe it does," Mr. Stewart admitted.

The CSIS summary to the ministers mentioned that Pastor Butler, a Zundel acquaintance was among those charged with conspiracy to overthrow the U,.S. government. "Does the summary bother to mention that the defendants were found not guilty by an Arkansas jury?" Mr. Lindsay demanded.

"It does not," Mr. Stewart again had to admit.

"But the Ministers of Citizenship and Immigration and the Solicitor-General were not informed that they had been acquitted. The ministers were given incomplete information?"

"That's correct," Mr. Stewart acknowledged.

"Does CSIS believe that Mr. Zundel has engaged in terrorism, that he is a terrorist?" Mr., Lindsay asked.

"Yes," the CSIS spokesman replied.

"What if I suggest to you that Mr. Zundel is a rightwing extremist but not a terrorist?" Mr. Lindsay continued.

Then, Mr. Lindsay dropped his bombshell. Reading from CSIS Director General Ward Elcock's testimony to the Commons Subcommittee on National Security, November 24, 2003, he said: "Mr. Zundel is certainly a widely known extremist on the rightwing side. I'm not sure I'd go so far as to call him a terrorist. An extremist he certainly is."

"Is he testifying on behalf of CSIS," Mr. Lindsay asked.

"I don't know," Mr. Stewart responded lamely. "I don't know the precise context of what Mr. Elcock is testifying to here. There are many definitions of terrorists."

Mr. Justice Blais hurriedly adjourned the hearing for lunch wanting to know the document on which Mr. Elcock was being questioned by Joe Clark in the committee hearing. The hasty adjournment rescued the witness.

After lunch, Mr. Lindsay pursued the allegation that Mr. Zundel is a threat to national security because he's seen as a beacon to the White Supremacist Movement. Mr. Lindsay pointed out that the movement had been in decline in Canada since 1994. Yet, Mr. Zundel had remained in Canada from 1994 to 2000.

"Then, did Mr. Zundel's threat to the security of Canada end in 1995?" Mr. Lindsay asked.

"No. If Mr. Zundel's activities continue as they were prior to 1995, he'd be a threat to the security of Canada

"So, the logical conclusion is he would be less of a threat since 1995," Mr. Lindsay continued.

"I see your point," Mr. Stewart admitted. "It's difficult for me to say if an individual would have less impact."

Under questioning, Mr. Stewart admitted that the CSIS summary, which made much of Mr. Zundel's use of the mails for distributing "hate literature", failed to tell the ministers that, in 1982, Mr. Zundel's mailing privileges had been restored after a one year suspension on just such allegations.

The afternoon ended with a tense exchange about the dramatic charges in Andrew Mitrovica's book Covert Entry: Spies Lies and Crimes Within Canada's Secret Service.

"Did CSIS ever intercept Mr. Zundel's mail?" the defence lawyer asked.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," the unsmiling former boss of CSIS ruled.

"Did CSIS have an agent named John Farrell?" Mr. Lindsay asked.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," the unsmiling former boss of CSIS ruled.

The book Covert Entry suggests that "Mr. Zundel's mail had been intercepted by CSIS," Mr. Lindsay stated.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," Mr. Justice Blais ruled.

"CSIS ordered Mr. Farrell to temporarily stop intercepting mail to Mr. Zundel," Mr. Lindsay continued.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," Mr. Justice Blais ruled.

On page 140 of the book, there's the suggestion that the May, 1885 bomb "delivered to Mr. Zundel's home had been intercepted by CSIS," Mr. Lindsay continued.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," Mr. Justice Blais ruled.

"There's the suggestion that CSIS was aware of the bomb?" Mr. Lindsay asked.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," Mr. Justice Blais ruled.

The book suggests "that CSIS knew of the potential bomb and did not alert Metro police, the post office or Mr. Zundel."

"Objection: national security," Donald MacIntosh snapped.

"Sustained," Mr. Justice Blais ruled.

"There is the suggestion that Mr. Farrell raised the issue with CSIS about the danger to passengers on airplanes" that might have transported the bomb.

"Objection: national security," Donald MacIntosh snapped.

"Sustained," Mr. Justice Blais ruled.

Court resumes Tuesday, with Mr. Stewart on the stand.

In another development, Mr. Lindsay will appear in the Federal Court of Appeal (330 University Avenue) in Toronto, Wednesday at 10:00 a.m. to argue a motion seeking a stay of proceedings pending an appeal against Mr. Justice Blais's denying disclosure to the defence of the names of CSIS and RCMP agents involved in preparing the Zundel case. -- Paul Fromm

Gee it's good, to be Back Home again....