Receiving by fax from David Irving the letter handed to him by the Canadian consul in Los Angeles, on October 15, 1992 Vancouver barrister Douglas Christie asked the Federal Court for an injunction to prevent the minister from interfering with the speaker's visit.

Fax line reads: "Oct. 19, '92 9:48 0000 Doug Christie Tel 604 479 3294"

 

No. VANCOUVER REGISTRY  FEDERAL COURT OF CANADA TRIAL DIVISION BETWEEN:   CANADIAN FREE SPEECH LEAGUE APPLICANT AND: HER MAJESTY THE QUEEN, IN THE RIGHT OF CANADA, and THE MINISTER OF EMPLOYMENT AND IMMIGRATION RESPONDENT   NOTICE OF MOTION TAKE NOTICE that the Plaintiff, Canadian Free Speech League will make a motion to the Court, pursuant to Rules, on or before Wednesday October 992, by telephone conference call, for an Order restraining her Majesty the Queen in The Right of Canada or the Minister of Employment and Immigration, or any of their servants or agents, from restraining the admission into Canada of David Irving to attend the meeting of the Plaintiff's organization on October 28, 1992. AND TAKE NOTICE that this Motion will be served upon Her Majesty The Queen offices of the Department of Justice in Vancouver, and that the Plaintiff seeks league of this court to have the matter heard on Wednesday, October 21 [corrected in handwriting: 22] , 1992, in order to enable arrangements to be made in compliance with the orders of this court and to enable the continuation of the meeting of the plaintiff society. AND TAKE NOTICE that in support of this Motion will be read the Affidavit of Richard Grant Levers, of Victoria, British Columbia, President of the Canadian Free Speech League. SIGNATURE DOUGLAS H. CHRISTIE Counsel for the Applicant     STATEMENT OF FACT AND LAW   I. STATEMENT OP FACTS   1. Mr. David Irving was invited to receive the 8th Annual George Orwell Free Speech Award by the Canadian Free Speech League at its annual banquet on October 28, 1992, in Victoria, British Columbia. 2. David Irving was given a note by the Canadian Consulate in Los Angeles on October 8, 1992, which said: Dear Mr. Irving:  This is further to public announcement, indicating that you plan to come to Canada to speak publicly in the near future. The Canadian Department of employment and Immigration has asked me to advise you that on the basis of information available to us we believe that you are inadmissible to Canada by virtue of Section 19 of the Immigration Act. Section 19 states (in part) that: "No person shell be granted admission who is a member of any following classes... 19 (2) (a) Persons who have been convicted of an offence that, if committed in Canada, constitutes or, if committed outside Canada, would constitute an offence that may be punishable by way of indictment under any other Act of Parliament and for which a maximum term of imprisonment of less than ten years say be imposed. 19 (l) (d) (i) Persons who there are reasonable grounds to believe will commit one or more offences punishable by way of indictment under any Act of Parliament." Therefore should you appear at a Canadian Port of Entry or come to the attention of an immigration officer in Canada, you will be reported on the grounds that your admission would be contrary to the Immigration Act. An immigration inquiry will be directed with a view affecting your removal from Canada. Yours truly, [Signature] Consul"   3. David Irving has only one conviction which is under appeal in Munich, Germany for defamation of the memory the dead. 4. No equivalent criminal offence is known to Canadian law. 5. David Irving has been to Canada on speaking tours on 20 previous occasions and has committed no previous criminal offences, and there is no reason to believe he will breach Canadian law. 6. The actions of the Minister are arbitrary and constitute a conspiracy to deny the civil rights and freedom of the Plaintiff guaranteed by the Charter of Rights & Freedoms, as guaranteed by Section 2 (a), (b), (c) and (d) of the Charter of Rights & Freedoms. 7. The Plaintiff seeks a remedy under section 24 (1) of the Charter of Rights and Freedoms as follows: (1) An order enjoining the Minister of Immigration from interfering or preventing the entry of David Irving to Canada. (2) An order restraining the Minister of Immigration from further interference or denial of the civil liberties of the Plaintiff without further order of the Court.   ALL OF WHICH IS RESPECTFULLY SUBMITTED:   D.H.Christie DOUGLAS H. CHRISTIE . Counsel for the Applicant, Canadian Free Speech League October 15, 1992.