October 16, 2003

An update on the Zündel case.

There's been a change of the legal guard.

THE case of imprisoned German-born publisher Ernst Zündel gets more hectic by the day. When the last bail review ended in Federal Court in front of Mr. Justice Pierre Blais, September 24, 2003, the hearings were adjourned until December 10.

A lot has happened. Suddenly, new dates have been found -- November 6 and 7. Thus, Ernst may win his freedom earlier than at first feared, although the atmosphere in front of Mr. Justice Blais is tense. Even though he told Mr. Zündel he didn't believe some of the things he said on the witness stand, Mr. Justice Blais still refused to recuse himself.

Another major development is that the lead in the legal team is changing. Douglas H. Christie has represented pacifist dissident Ernst Zündel for two decades -- since 1983! -- through a host of persecutions by the Canadian state and Mr. Zündel's free speech-hating enemies Sabina Citron, the Canadian Jewish Congress, the League for Human Rights [but not free speech] of B'nai Brith and the Friends of the Simon Wiesenthal Centre. The work was a tremendous strain on Mr. Christie, to say nothing of the travel. Every court appearance meant a flight across the continent from Mr. Christie's home in Victoria, B.C.

In June, Doug received some terrible news. His wife Keltie Zubko who has done invaluable legal work in the background has been struck with a serious illness and is undergoing chemotherapy. Doug's wife and his two still-young children, whom his wife has been homeschooling, require his presence in Victoria, B.C. - on the Pacific Coast of Canada

Thus, in the middle of what may well be a very lengthy legal proceeding, Ernst Zündel, still in prison, had to find a new head for his legal team.

HE HAS selected Peter Lindsay and his wife/partner Chi-Kun Shi of Toronto. Mr. Lindsay, a 1990 graduate, has an impressive record in the battle for free speech. He won acquittal for a half dozen young people charged under the notorious Sec. 319 -- the "hate law" -- for staging a demonstration opposing the presence of illegals, Gypsies, at an east Toronto motel in 1998. The charges had been laid after noisy demands by Bernie Farber of the Canadian Jewish Congress (right). Mr. Lindsay won an acquittal and, when Farber demanded that the government appeal this victory for free speech, this May, he won the appeal in the Ontario Court of Appeals. Almost as good, he had the judge exclude Mr. Farber as an "expert witness." Farber is no objective scholar who has studied the right wing. He's a player, a strident participant.

Mr. Zündel likes Peter Lindsay's energy and aggressive style.

Douglas Christie may still represent Mr. Zündel on November 6, but the handling of most of the case is passing to Mr. Lindsay.

One of Mr. Christie's innovative tactics was to launch a Habeas Corpus motion before Superior Court in Ontario. Dates were set for this motion October 14. The court dates are November 18 and 19. Mr. Lindsay will be representing Mr. Zündel is this hearing which may well lead to his speedy release.

I SPOKE to Mr. Lindsay this afternoon at his north Toronto offices [writes Paul Fromm, Thursday, October 16, 2003]. The first thing you notice is the imposing height of this lanky bearded man. Doug Christie is tall, but Mr. Lindsay must tower another eight inches beyond even him.

"I want to win," he says with a serious and pleasant smile.

The Habeas Corpus motion will be heard in the court house at 361 University Avenue in Toronto on November 18 and 19 before Madam Justice Mary Lou Benotto. She has a family law background and is seen by many lawyers as fair and gutsy.

"We'll be arguing that the sections of the Immigration and Refugee Protection Act -- both the provision for detention and the way the CSIS certificate is decided, with secret hearings and no right of appeal -- are unconstitutional and contrary to the Charter," Mr. Lindsay said. "The whole process is biased and unfair, Mr. Zündel ought to be free as his detention under the law violates his rights under Sections 7 and 10 of the Charter of Rights and Freedoms."

Section 7 states: "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Section 10 ensures that a person who is detained has the right to a Habeas Corpus hearing.

Website note on the Anti-Defamation League: Abraham Foxman, wealthy and controversial chief of the Anti Defamation League, likes to refer to himself as a "Holocaust survivor." As a biography on this website shows, he was not even born when Hitler invaded his native Poland, and he was looked after by Polish Catholics throughout the war; his parents also "survived".

Another way in which the Immigration and Refugee Protection Law violates the rights of the accused is Sect. 78.j which permits the judge determining the reasonableness -- not the truth -- of the CSIS certificate to admit "anything" as evidence, even material that would not normally be accepted in a court of law. In the Zündel case, much of the Crown's five volumes of evidence is newspaper clippings, newsletters and biased reports from groups like the Anti-Defamation League (ADL). No witnesses have been presented who can be examined or cross-examined on this material.

The Department of Justice argues that the Habeas Corpus motion should be brought in Federal Court. "However," says Mr. Lindsay, "such a motion could take two years" and seriously deprive Mr. Zündel of his liberty in the meantime.

There has already been an agreed upon schedule for written submissions for the Habeas Corpus motion.

On November 3, Mr. Lindsay is to file his affidavits; on November 10, the Crown must file its response; on November 14, Mr. Lindsay will submit his factum (arguments); and, on November 17, the Crown will respond with its factum.

I now must come to a very serious matter [continues Paul Fromm] -- money!

In the past three weeks, we have paid Mr. Lindsay a $20,000 retainer. Mr. Lindsay has already gone through $14,000 in preparation and bringing himself up to speed on this complicated case. Mr. Zündel's chief immigration lawyer in the U.S. has just been paid $25,000 -- and those are real dollars, not Canadian pesos! There are seven more court dates scheduled for this year and a number more for January.

The Defence Fund is very seriously depleted and we face major outlays over the next two months. I again ask for your commitment and urgent help. Please mail us your contribution today or e-mail us your VISA number and expiry date. Donors will receive, of course, a receipt and a personal thank you work of art done by Ernst in prison.

Paul Fromm

Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION

P.O. Box 332,

Rexdale, Ontario, Canada M9W 5L3

PH: 905-897-7221

___________________

URGENT! -- ERNST Zündel NEEDS YOUR HELP

Friends of free thought, Ernst Zündel really needs your ongoing help and support.

1. Write, FAX, or phone Hon. Robert Runciman, the Minister of Public Safety and Security. His ministry is in charge of the Metro West Detenmtion Centre, the prison which denies Mr. Zündel his anti-cancer medication and herbs. You can contact him thus: Hon. Robert Runciman, MPP, 16th Floor, 25 Grosvenor Street, Toronto, ON., M7A 1Y6, Canada; PH: 416-327-9911; FAX: 416-327-3849.

2. If you live abroad, write to the Canadian Embassy in your country and demand Zündel's release and humane treatment. Ask your Congressman or Senator to demand of the Canadian government why they're keeping this non-violent publisher in a prison in such "mediaeval" conditions.

3. No matter where you live, why not send a card or letter to encourage Ernst Zündel. Write Prisoner Ernst Zündel, c/o Metro West Detention Centre, 111 Disco Road, Box 4950, Rexdale, ON., M9W 1M3. Ernst in overwhelmed by the hundreds of concerned and thoughtful people who have sent him letters and cards. A tip: don't use of stick-on return address label or seals. They're ripped off by prison authorities searching for, who knows what.

4. We also need your financial support for Mr. Zündel's defence.

We have a number of delicate colour-pencil sketches by Ernst Zündel done in prison. Each is dated and signed. Each is a nature study. Mr. Zündel has long been a paint and sketch artist. He had returned to his love of art before the U.S. I.N.S picked him up and deported him.

If you send us a cheque for $100 or more, we'll send you one of these collector's items, a thank you sketch by political prisoner Ernst Zündel.

Mail your donation today to CAFE Box 332, Rexdale, ON., M9W 5L3, Canada or e-mail us your VISA number and expiry date. On your cheque or an accompanying piece of paper, note: "For Zündel Defence Fund."

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