Posted Wednesday, November 26, 2003

Index to the Traditional Enemies of Free Speech

Alphabetical index (text)

TORONTO -- Holocaust denier Ernst Zündel has lost his bid to be released from prison while his immigration case is heard.

Zündel's lawyers had argued in Superior Court that his continued detention was a violation of the Charter of Rights and Freedoms and also challenged the validity of the Immigration and Refugee Protection Act.

Ontario Superior Court Justice Mary Lou Benotto ruled Tuesday in favour of the Crown, which had sought a stay of proceedings on the grounds the matter should be dealt with in Federal Court.

Zündel's lawyer, Peter Lindsay, said his client is disappointed with the decision.

All Canadians should be concerned that the Immigration and Refugee Act allows people to be "incarcerated in solitary confinement for months or years without ever being accused of a crime,' Lindsay said in a statement late Tuesday.

In her decision Tuesday, Benotto wrote:

"This court declines jurisdiction and grants the Crown's motion.

"The application here is an attempt to bypass the comprehensive statutory scheme and usurp a process currently underway,' said Benotto. "The applicant has not met the test to have this court assume jurisdiction and it would be inappropriate to do so.'

Zündel, who has no criminal record in Canada and is not facing any charges, has been in solitary confinement since February [2003] after being deported to Canada for overstaying a visitor's visa in the United States.

He is being held in jail on a security certificate while the courts determine whether he is a security risk to Canada and should be deported to his native Germany.

The detention review to determine whether Zündel, 64, is a risk to Canadian security is scheduled to resume Dec. 10 [2003].

When he was jailed in February, Zündel applied for refugee status in Canada. He was denied release by the Immigration and Refugee Board three times before Ottawa suspended the application May 2, one day after the security certificate was issued.

Zündel, who has lived in Canada since 1958, fled to Tennessee to be with his wife before a January 2002 ruling by the Canadian Human Rights Commission that a website he controls spreads anti-Semitic messages.

He remains in solitary confinement at Toronto's Metro West Detention Centre.

Canada offered to set Zündel free to travel to the country of his choice if he would plead guilty to being a national security threat

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

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Zündel headed back to Canada

Arrest of Ernst Zündel by US: Is held in Jail

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Feb 2001: Ernst Zuendel has emigrated from Canada to the United States