Toronto, Canada, Thursday, Oct 21,
Blais guilty of
dispensing 'secret justice,' lawyers for Holocaust
accused of 'misguided approach' in Zündel case
By Kirk Makin
HOLOCAUST denier Ernst
Zündel's lawyers have accused a Federal
Court judge of running an error-plagued deportation
hearing that "cheapens and degrades" the justice
In scathing arguments that took them into
terrain where few lawyers have dared to tread,
defence lawyers Peter Lindsay and Chi-Kun
Shi accused Mr. Justice Pierre Blais of
actively embracing the secrecy of Canada's
federal government has invoked the law's
security-certificate procedure in an attempt to
deport Mr. Zündel as a threat to national
The lawyers said that what they called Judge
Blais's "misguided and unchecked" approach to
national security has meant that Mr. Zündel --
whom they described as a long-time pacifist with no
criminal record -- has been plunged into an
18-month ordeal of solitary confinement and legal
They said Judge Blais seems unable "to even
understand simple submissions," and that a
colossally unfair proceeding has devastated Mr.
Zündel's right to fairness and brought the
justice system into disrepute.
security-certificate proceedings is presented to
the judge in secrecy and not revealed to the
"Maybe no one cares, because this is only the
notorious and reviled Ernst Zündel," Mr.
Lindsay and Ms. Shi said in a written submission.
"But it is not only Ernst Zündel. The apparent
approach of the court in this case cheapens and
degrades all participants in this important part of
our system of justice -- and our system of justice
itself. Mr. Zündel is thus at the mercy of a
secret proceeding and of the judge conducting
"Secret justice, dispensed in the way it has
been in this case, is no justice at all. It is Mr.
Zündel's plea that this court look at the
mistakes it has made and change its approach with
respect to this matter, in order to appear more
even-handed and fair."
The defence attack was the culmination of
steadily mounting frustration in the courtroom. Mr.
Lindsay and Judge Blais have had repeated testy
exchanges in recent months, usually over Mr.
Lindsay's right to call or cross-examine
The defence has tried twice to have Judge Blais
-- a onetime solicitor-general of Canada -- recuse
himself. An appeal of his refusals will be heard
next month in the Federal Court of Appeal.
Mr. Lindsay argued in court yesterday that the
proceeding is a perversion of what the
security-certificate legislation was intended to
do, that is, to roust out genuine terrorists who
could wreak havoc on the country.
Mr. Lindsay said the secrecy provisions have
allowed government lawyers to produce next to no
evidence in the public segments of the hearing.
Meanwhile, behind closed doors, he said, they have
inevitably trotted out a melange of hearsay and
baseless accusations that cannot be challenged.
"The public case is non-existent," Mr. Lindsay
said. "It is devoid of evidence. It is an ocean of
innuendo and implied involvement of Mr. Zündel
in inspiring other people to commit acts of
violence or terrorism -- without ever providing any
proof . . .
"The public case goes far beyond guilt by
association," he continued. "It is guilt by
contact. I don't say this easily, but it makes
McCarthyism look reasonable."
Mr. Lindsay said that
Judge Blais has heard persuasive evidence that,
far from inciting young hotheads of the far
right to engage in violence, Mr. Zündel has
denounced violence and condemned those who
indulge in it.
He said that Mr. Zündel has built his life
around peacefully arguing that the Holocaust has
been exaggerated, resulting in the unfair
vilification of the German people.
Otherwise, Mr. Lindsay said, his client lived a
blameless life in Canada for 42 years, never
producing a single pamphlet or newsletter that
"According to the Crown, Mr. Zündel
apparently woke up one morning in 1990 and became a
terrorist," Mr. Lindsay said. "Here is this great
purveyor of literature who distributes material all
over the world, yet they can't come up with one
[item] showing him advocating
Mr. Lindsay said there is great irony in Mr.
Zündel having repeatedly become the victim of
violence. He said that his client's home was
vandalized and ultimately burned down. Mr.
Zündel has also been attacked outside the
courthouse and received any number of death threats
and letter bombs, Mr. Lindsay said.
The case has adjourned until early
rejects appeal of Holocaust denier Ernst
Thursday, October 21, 2004
OTTAWA -- The Supreme Court of
Canada won't be hearing Holocaust denier Ernst
Zündel's latest constitutional
Zündel, who has been in jail for 18 months
facing deportation, challenged the constitutional
validity of the security certificate review process
under which he was declared inadmissible to
That review is currently continuing in Federal
Court in Toronto, where Justice Pierre Blais
has been hearing evidence -- much of it in secret
-- for more than a year.
But Zündel's lawyers took their
constitutional complaint outside the Federal Court
They argued that the security certificate, which
allows for secretive trials where evidence can be
shielded from the public and even the defendant for
national security reasons, breaches the Charter of
Rights and Freedoms.
An Ontario Superior Court judge dismissed the
case, finding that Zündel's application was
simply an end-run around the Federal Court and an
attempt to "usurp" the legislated process.
Ontario's court of appeal concurred, adding that
the Federal Court had the "expertise and
experience" to deal with Zündel's
Zündel appealed to the Supreme Court, but
the high court announced Thursday it won't hear the
As is usual in leaves to appeal, no reasons
where given for the Supreme Court rejection.
Zündel, 65, faces deportation to his native
Germany if Blais finds the security certificate was
issued on reasonable grounds.
Zündel is being held in a Toronto jail
under the controversial anti-terrorism measure,
enacted by the federal government following the
Sept. 11, 2001, terrorist attacks in the United
States.© Canadian Press
SANS fournir la moindre raison, la Cour
suprême du Canada vient de rendre aujourd'hui
même, 21 octobre, sa décision: elle
refuse tout simplement d'examiner la
constitutionnalité de la loi sur les
"certificats de sécurité". Cette loi,
comme on le sait, confie le sort du prévenu
à un juge et un seul, dont la
décision est irrévocable, et qui
tient avec le parquet des séances à
huis clos auxquelles n'assistent ni le
prévenu ni son avocat et dont le contenu ne
peut donc pas être réfuté par
ces derniers puisqu'ils l'ignoren.
Ernst Zündel, Toronto
West Detention Centre, 111 Disco Road, Box 4950,
Rexdale, Ontario, M9W 1M3 (Canada)
dossier on the Ernst Zündel case
intercepted Zündel's mail, ex-agent
says | Closing
arguments begin in Zündel deportation case:
Zündel defence based on age draws scorn
closing: Zündel's followers bookish
seniors, not violent skinheads, lawyer
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
Good News in the Zündel Case