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Canadian Press

Friday February 25, 2005

Canada rules German Holocaust-denier Zündel is security risk, should be deported back home

By Beth Duff-Brown

Associated Press Writer

TORONTO (AP) Jewish activists Friday hailed a court ruling that allows Canada to deport German Holocaust denier Ernst Zündel to face prosecution at home.

Zündel, author of "The Hitler We Loved and Why,'' has been held in a Toronto jail for two years while authorities determined whether he posed a security risk to Canadian society.

Federal Court Justice Pierre Blais said Zündel's activities were not only a threat to national security, "but also a threat to the international community of nations.''

Zündel, a leading proponent of white supremacy, claims the Holocaust never happened.

In his 63-page decision released in Ottawa on Thursday, Blais called Zündel a racist hypocrite and said his Toronto home was a "revolving door'' for some of the world's most notorious white supremacists who have promoted violence and hatred against Jews and minorities.

"It is time for Zündel's plane to take off. This should mark a closure to the tireless efforts of many to bring Zündel to justice,'' said Frank Dimant, right, executive vice president of B'nai Brith of Canada.

B'nai Brith and other Jewish organizations in Canada and the United States have for decades followed Zündel's activities and intervened in the legal proceedings against him.

"The impact of Zündel's removal from Canada is significant,'' said Len Rudner, national director of community relations for the Canadian Jewish Congress. "It's an indictment of hatred, an indictment of violence.''

Zündel faces prosecution in Germany for his neo-Nazi and Holocaust-denying activities. Since the late 1970s he has operated Samisdat Publishing, one of the leading distributors of Nazi propaganda and since 1995 has been a key content provider for a Web site dedicated to Holocaust denial, according to the the Anti-Defamation League.

German authorities told the Canadian Press on Friday that Zündel would be picked up and arrested as soon as he arrived back in his homeland.

Zündel's lawyer Peter Lindsay said he did not expect his client to be deported for another week or two. He said the Federal Court told him that he would be given a chance to appeal to the Supreme Court.

Zündel spokesman Mark Weber said Zündel was being persecuted for his personal beliefs.

"The government case is based on pretext, innuendo,'' Weber said by phone. "The judge cites no concrete basis that he is a threat to national security. He merely points out that Zündel met with people who, arguably, might be a threat to national security. That's not a crime. It's a dangerous precedent and it's a dangerous blow against freedom for Canadians.''

Born in Germany in 1939, Zündel emigrated to Canada in 1958 and lived in Toronto and Montreal until 2001. Canadian officials rejected his attempts to obtain Canadian citizenship in 1966 and 1994. He moved to Pigeon Forge, Tenn., until he was deported back to Canada in 2003 for alleged immigration violations.

Zündel claimed in court that he is a peaceful man who has no criminal record or charges against him in Canada. Lindsay, his attorney, challenged the constitutionality of the security certificate review process, saying it violates his client's right to free speech and association.

The Canadian security certificate law, passed after the Sept. 11, 2001, attacks in the United States, allows the government to hold terrorism suspects without charge, based on secret evidence that does not have to be disclosed to a suspect's defense.

Alan Borovoy, general counsel for the Canadian Civil Liberties Association said intelligence authorities may know of criminal offenses by Zündel, which cannot be disclosed for reasons of national security, but the detainment without charge or public evidence smacks of injustice.

"Zündel, I have no difficulty saying, is a nasty, nasty character and everything I'm saying is without the slightest sympathy for him,'' Borovoy said. "But the process in itself is unfair.''


Israel, Friday, February 25, 2005

Germany ready to pounce on Zündel

Toronto - Notorious Holocaust denier Ernst Zündel faces immediate arrest and prosecution for spreading hate on his return to Germany, German authorities said Friday.

Mr. Zündel, whose deportation from Canada is imminent following a scathing Federal Court decision, is wanted for running afoul of German laws against denying the Holocaust.

"He will be picked up immediately and then arrested," a German official who requested anonymity said Friday. "If there is an arrest warrant, then we have to prosecute if he's in our jurisdiction."

Of particular importance will be determining whether Mr. Zündel, a German national, is responsible for the website that bears his name and what exactly it contains, the official said.

"It will certainly take a certain time to check everything."

Immigration authorities did not immediately return calls on when Mr. Zündel, 65, would be sent back.

On Thursday, Federal Court Justice Pierre Blais smoothed the way to expel him on the grounds that he is a white supremacist hatemonger who poses a threat to national security.

Mr. Zündel has spent more than four decades in Canada, the past two in solitary confinement in a Toronto jail under a national security certificate.

In his 63-page decision cheered by Jewish groups, Judge Blais concluded that Mr. Zündel was a hypocrite who nurtured his extremist neo-Nazi extremist views behind a veil of pacifism.

"Zündel's activities are not only a threat to Canada's national security but also a threat to the international community of nations," Judge Blais wrote.

While the decision cannot be appealed, Mr. Zündel's lawyer Peter Lindsay has indicated that he will make two last-minute attempts to stay the deportation.

He was not immediately available to comment Friday.

Mr. Zündel, a long-time resident of Toronto, moved to the United States and was trying to gain U.S. citizenship. He was arrested in Tennessee for overstaying his visa and deported to Canada in February, 2003.

His detention under the controversial national security certificate, which allows for indefinite incarceration, has prompted several rallies in his support, including some in recent weeks.

Despite the length of time he has spent in Canada during which he has had frequent legal and human rights battles, Mr. Zündel was never able to convert his landed immigrant status into citizenship.

He has long argued that the Holocaust never occurred and that Jews have used the "alleged" atrocities as a way to extort money from the German government.

Last month, German Chancellor Gerhard Schroeder expressed shame over the horrors of the Nazi era, acknowledging that Adolf Hitler's regime enjoyed wide support among Germans.

Mr. Schroeder's comments came amid grim memorials of the liberation of the Auschwitz death camp, part of the Nazi killing machine that murdered six-million Jews and others killed in concentration camps during the Second World War.


Toronto, Friday, February 25, 2005

Zündel can be deported, Federal Court rules


HOLOCAUST denier Ernst Zündel can be deported immediately as a danger to Canadian security, a Federal Court of Canada judge has ruled.

In a searing 64-page ruling yesterday, Mr. Justice Pierre Blais labelled Mr. Zündel a racist hypocrite who has nurtured a pacifist image to conceal his support of right-wing extremism and his global propagation of anti-Semitic material. "Mr. Zündel seems to thrive in this troubled sea, surrounded by ambiguity and hypocrisy," the judge said.

"Mr. Zündel's activities are not only a threat to Canada's national security, but also a threat to the international community of nations."

No appeal is possible under the controversial national security certificate procedure, meaning Mr. Zündel could be on a plane to his native Germany at any time.

Judge Blais said Mr. Zündel's Toronto home was "a revolving door" for every member of a global white supremacist movement.

He said Mr. Zündel deftly exploited Canada as a "safe haven," and used his skills as a communicator and Internet pioneer to give new life to the white supremacy movement.

Mr. Zündel, 65, has been living in solitary confinement in a Toronto jail since his arrest on May 1, 2003. In keeping with the security certificate process, much of the evidence at his hearing was heard in secret.

Defence counsel Peter Lindsay said that he plans two last-ditch attempts to obtain a stay of the deportation order -- both based on the fact that the Supreme Court of Canada has not yet decided whether to hear a pair of security-certificate-related cases.

Farber"Mr. Zündel expected this result," Mr. Lindsay said last night after visiting his client in jail. "He didn't think he was going to get a fair shake."

"He could be gone tomorrow," said Bernie Farber, executive director of the Canadian Jewish Congress. "All I know is, it's going to be quick. Canadians can breathe easier now."

Judge Blais needed only to decide whether the security certificate was "reasonable." He went much further, stating that the secret information erased any doubt of Mr. Zündel's status as a global power who has hobnobbed with a who's who of the racist right.

He described Mr. Zündel as a man who, inspired by Hitler and latter-day Nazi sympathizers, set out to support the neo-Nazi movement in dozens of countries. "He also tried, by all means possible, to develop and maintain a global network of groups that have an interest in the same right-wing, extremist, neo-Nazi mindset," Judge Blais said.

Mr. Zündel left his Toronto residence, known as the "Carlton Street bunker," several years ago, and moved to Tennessee to live with his new wife. However, he was seized and returned to Canada by U.S. authorities for violating an immigration requirement.

Mr. Lindsay said last night that while representing the marginalized and unpopular is a lawyer's highest calling, it was a horribly disillusioning ordeal.

"I will never, ever do another security certificate case," he said. "A lawyer can play no meaningful role in the face of secret evidence. The lawyer's only role is as a fig leaf, to make the process look acceptable."

Mr. Lindsay said his attempts to secure a stay involve two Supreme Court leave applications:

A Federal Court of Appeal decision that Judge Blais was not biased and could hear the Zündel case.

An appeal of a constitutional challenge by suspected terrorist Adil Charkaoui to the constitutionality of the security certificate procedure.

Judge Blais said that what he heard in secret linked Mr. Zündel to leaders of the Ku Klux Klan, the Aryan Nations movement and many others who often resort to violence.

He said that if Mr. Zündel truly repudiated violence, he would have shunned these people.

Judge Blais said that Mr. Zündel is an egotist who could not hide his pleasure at the enormous influence he exerted as a "guru of the right."

"I remember how proud he was when he mentioned in cross-examination that his Zündelsite received hits from 400,000 people a month, and that after his arrest, the number grew to 1.2-million people accessing his website each month," Judge Blais said.


Zündel's address:

Ernst Zündel, Toronto West Detention Centre, 111 Disco Road, Box 4950, Rexdale, Ontario, M9W 1M3 (Canada)


Our dossier on the Ernst Zündel case
DES-2-03 Decision rendered on February 24, 2005, IN THE MATTER OF A CERTIFICATE signed pursuant to subsection 77(1) of the IRPA and Ernst Zündel
Web site for followers of Zündel: www.Zü
Text of ruling:
Federal Court in Canada Rules Against Zündel
CSIS intercepted Zündel's mail, ex-agent says | Closing arguments begin in Zündel deportation case: Zündel defence based on age draws scorn | Defence closing: Zündel's followers bookish seniors, not violent skinheads, lawyer says | Closing arguments begin in Zündel deportation case: Judge accused of 'misguided approach' in Zündel case
Ernst Zündel is entitled to a hearing to challenge his deportation to Canada, a federal appeals court says
Who is Ernst Zündel and Why Is He in Jail?
Some Good News in the Zündel Case

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