Toronto, Wednesday, Oct 20, 2004
defence based on age draws scorn
By Kirk Makin
IF Holocaust-denier Ernst
Zündel is allowed to remain in Canada on
the basis that he is aging and out of touch,
Osama bin Laden could one day make the same
claim, a federal prosecutor argued
Prosecutor Donald MacIntosh said that Mr.
Zündel's bid to avoid deportation to Germany
relies on the viewpoint of a
motley crew of white-power
advocates and racist skinheads who say he is
a spent force.
"If Osama bin Laden were present here and this
court had to decide whether he is a threat to
security . . . he could find some young al-Qaeda
members that would say: 'He's old and out of
touch,' " Mr. MacIntosh said. "It would be a
travesty of justice."
closing arguments yesterday in the deportation
hearing of Mr. Zündel, 65, Mr. MacIntosh said
the "old-and-out-of-touch defence" became a
familiar refrain during the 18-month hearing.
He warned Mr. Justice Pierre Blais of the
Federal Court that were he to give it any credence,
it "would be contrary not only to all the
jurisprudence, but would bring the administration
of justice into disrepute."
Judge Blais must decide whether it was
reasonable for the federal Justice Minister and
Minister of Employment and Immigration to invoke a
rarely used security certificate in order to deport
Mr. Zündel as a threat to national
Created to combat
terrorism after the Sept. 11, 2001, attacks on
the United States, the controversial
security-certificate procedure allows for
evidence to be presented to a judge in strict
secrecy. The defence is left to guess at the
Mr. MacIntosh said yesterday that for 30 years,
Mr. Zündel has assiduously portrayed himself
as an intellectual pacifist, all the while covertly
associating with a who's who of right-wing
"Mr. Zündel has no credibility whatever,"
he said. "In every case, he has characterized his
associations with the most violent racists as being
totally benign and totally innocent."
He told Judge Blais that the Canadian Security
Intelligence Service is not alleging that Mr.
Zündel has been an active participant in
terrorist acts, but rather, that anyone who
provides the intellectual fuel for violence is
equally dangerous to national security.
The government has a duty to act against
purveyors of racist and anti-Semitic material if it
"fosters violence or incites people to commit
violence or creates an atmosphere conducive to
violence," Mr. MacIntosh said.
key defence witness at the hearing -- Mr.
Zündel's former lawyer, Douglas
Christie (right) -- testified earlier
this year that Mr. Zündel has often expressed
contempt for many of the very same extremist
leaders the government alleges he associates with
However, Mr. MacIntosh played down Mr.
Christie's testimony yesterday, saying he is a
"close friend" of Mr. Zündel's who has lost
"He has a very rose-coloured view, a benign
view, of Mr. Zündel," he said.
Mr. MacIntosh lavished
praise on Judge Blais for his conduct in the
case. He said the judge has carefully balanced
national security against Mr. Zündel's
rights as a non-citizen who has nonetheless
lived in Canada for most of his adult
However, he said that Judge Blais must factor
another important consideration into the mix --
"The ministers had a bona fide belief that the
integrity of Canada's international relations were
affected by Mr. Zündel's dissemination of
anti-Holocaust material into Germany, Austria and
40 countries around the world," Mr. MacIntosh said.
"Canada has a duty to do something about this. Mr.
Zündel seeks to destroy the multicultural
fabric of society."
Mr. MacIntosh also cautioned Judge Blais to
ignore Mr. Zündel's attempts to condemn Jewish
community leaders for lobbying the government to
get rid of Mr. Zündel. This kind of lobbying
is perfectly acceptable in a participatory
democracy, he said.
"They are entitled to attempt to influence
members of Parliament," Mr. MacIntosh said. "To
deflect attention, Mr. Zündel is raising all
these red herrings."
dossier on the Ernst Zündel case
intercepted Zündel's mail, ex-agent says
Zündel is entitled to a hearing to
challenge his deportation to Canada, a federal
appeals court says
is Ernst Zündel and Why Is He in
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