Friday February 25, 2005
rules German Holocaust-denier Zündel is
security risk, should be deported back
TORONTO (AP) Jewish activists
Friday hailed a court ruling that allows Canada to
deport German Holocaust denier Ernst
Zündel to face prosecution at
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.
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
"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
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
"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
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
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
"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
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
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
Immigration authorities did not immediately
return calls on when Mr. Zündel, 65, would be
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
While the decision cannot be appealed, Mr.
Zündel's lawyer Peter Lindsay has indicated
that he will make two last-minute attempts to stay
He was not immediately available to comment
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
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
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
Toronto, Friday, February 25, 2005
be deported, Federal Court rules
By KIRK MAKIN
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.
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
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
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
Mr. Lindsay said last night that while
representing the marginalized and unpopular is a
lawyer's highest calling, it was a horribly
"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
An appeal of a constitutional challenge by
suspected terrorist Adil Charkaoui to the
constitutionality of the security certificate
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
"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
Zündel, Toronto West Detention Centre, 111
Disco Road, Box 4950, Rexdale, Ontario, M9W 1M3
dossier on the Ernst Zündel case
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:
Text of ruling: www.fct-cf.gc.ca/bulletins
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