the deportation of revisionist Ernst Zundel — Feb 2003 (28 Feb 2003 #21193)

It
is not usual practice,
however, for senior federal
lawyers to represent the
government at detention review
hearings.

Toronto, Friday, February 28,
2003

Top
Nazi prosecutor assigned to Zundel case

Hearing begins today

Adrian
Humphreys

THE Department of
Justice has assigned its top Nazi war crimes prosecutor to represent the government at today’s detention review hearing for Holocaust denier Ernst
Zundel, who is seeking refugee status in Canada.

Donald Macintosh, a senior federal government lawyer based in
Toronto, has handled several high-profile immigration cases in Canada that involved allegations of war crimes committed in
Europe during the Nazi era.

Dorette Pollard, director of communication for the Department of
Justice, said Mr. Macintosh’s appointment is not necessarily because of his experience in dealing with Nazi atrocities.

“It could simply be a question of workload. He is one of our capable lawyers, as they all are, in our immigration section,” Ms. Pollard said.

It is not usual practice, however, for senior federal lawyers to represent the government at detention review hearings.

“Because of the nature of the case, a lawyer has been assigned,” Ms. Pollard said.

Mr. Zundel, 63, has remained in detention in Niagara Falls, Ont., since
United States immigration officials deported him to Ontario last week.

Mr. Macintosh has handled several of
Canada’s war crimes cases, including:

• Helmut Oberlander of
  Waterloo, Ont., who is awaiting a
  decision on his appeal of a deportation
  order.

  He is accused of being a member
  of the German Einsatzkommando, a Nazi
  squad that executed civilians, and then
  lying about his role when entering
  Canada.

• Conrad Kalejs, accused of
  being a leader of the Latvian Arise
  Commando, a group accused of murdering
  20,000 Jews, was deported from Canada
  to Australia in 1997.
• Johann Dueck was accused of
  being deputy chief of a police unit
  that helped the Nazis round up and kill
  people in German-occupied

  Ukraine. He
  was found not guilty in 1998 of
  obtaining his citizenship by false
  representation and was later awarded
  $750,000 as compensation for the
  prosecution.

Mr. Macintosh’s experience and knowledge of the Nazi record make his selection to handle Mr. Zundel’s case a sound one, said Keith Landy, national president of the Canadian
Jewish Congress.

“Mr. Macintosh is well-known to us for the prosecution of Dueck, Kalejs,
Oberlander and others,” Mr. Landy said.

“The more knowledgeable a person is to the views of the applicant it will allow for a deeper and more thorough inquiry into the veracity of the claims. And he is, by all accounts, a very professional and capable prosecutor. “

Mr. Zundel’s attempt to be granted refugee status in Canada has caused outrage and officials in Ottawa are trying to ensure he does not resume residency here, where he lived from 1958 until he left voluntarily in 2001.

During his time in Canada, he published
Nazi and neo-Nazi views, associated with white supremacists and sought publicity for his notion that Germany has been wrongly accused of killing six million
Jews.

Zündel seeks asylum after U.S. deportation:
Now ‘he’s our problem’ Zündel seeking refugee status
Ernst
Zündel held in Batavia, N.Y., detention center
Wife fears key could soon be thrown away
Zündel headed back to Canada
Arrest of
Ernst Zündel by US: Is held in
Jail
Reknowned
Neo-Nazi activist held in Blount County jail
Feb
2001: Ernst Zuendel has emigrated from
Canada to the United States