Victory: Zundel Wins Expedited Hearing

Somewhat as rare as a ripe strawberry in an Arctic March, there's been a major Zundel victory in a Canadian court! On Thursday, March 11, Mr. Zundel's lawyers Peter Lindsay and his wife and law partner Chi-Kun Shi appeared in the Ontario Court of Appeals seeking an expedited hearing for Mr. Zundel's appeal against the decision of Madam Justice Benotto turning down Mr. Zundel's habeas corpus motion. The appeal had been set for June 9, 2004. However, the CSIS Certificate Review before federal judge Mr. Pierre Blais, the former solicitor-general and boss of CSIS, could well be over by then. A negative decision by Mr. Justice Blais, finding the decision of the two ministers to sign the decision "reasonable", would automatically convert the certificate into a deportation order that could not be appealed. Thus, it's vital to the cause of justice for Mr. Zundel that his appeals in provincial and federal court be heard soon. [The Federal Court of Appeal has still not ruled on a motion staying the certificate hearings pending an appeal of certain of Mr. Justice Blais's decisions.] Peter Lindsay reports: "We won the motion to expedite the appeal to the Court of Appeal of Ontario. The appeal has, thus, been moved up from June 9, 2004 to May 10, 2004. This will allow us to have the appeal heard before the end of the certificate review." Ruling for Mr. Zundel, Mr. Justice Marc Rosenberg, a former criminal defence lawyer, held: "In my view, this appeal should be expedited. I am not required to deal with the merits of the proposed appeal. My concern with the June date is that the appeal may be moot and that the moving party [Mr. Zundel] remains in custody at this time. Traditionally, habeas corpus matters are expedited. The appeal is set for May 10, 2004." Consulting with Mr. Lindsay, Wednesday, I learned that Donald MacIntosh, the Crown Attorney, as one might expect in this bitter struggle, had strongly opposed an expedited hearing in his written submissions. Mr. Lindsay concluded: "The Crown seems to want to make certain that the constitutional issues in the Zundel case will not be heard." Speaking of the recently publicized e-mails between CSIS and federal immigration authorities and their contacts with U.S. immigration authorities after 2001, Mr. Lindsay said: "It's clear from the correspondence between CSIS lawyer Murray Rodych and officials at Immigration that they were out to screw Ernst Zundel. It had nothing to do with 'national security'! They've been trying to deport him since 1985." Mr. Lindsay referred to the absolutely uncharacteristic speed with which the Department of Immigration moved to initiate deportation proceedings (later overturned) against Mr. Zundel immediately after his 1985 conviction (subsequently overturned by the Supreme Court of Canada in 1992) for publishing "false news" in challenging the Hollywood version of World War II. Paul Fromm Director Canadian Association for Free Expression The Zundel Defence Fund Needs Your Help Today January and February have been very expensive months for the Zundel case. We have spent just over $70,000. Yes, part of this was to bring the Lindsays up to speed in the case. We had six court dates -- four in federal court and two in Superior Court in Ontario for a habeas corpus motion in November and December and eight more in January and February. Canada's vindictive systgem madet Ernst Zundelspend Christmas in prison. April promises to be an expensive month, with four days planned in Federal Court -- April 13, 14, 29 and 30. The Defence Fund is very seriously depleted and we face major outlays in the New Year. I again ask for your commitment and urgent help. Please mail us your contribution today or e-mail us your VISA number and expiry date. We have a number of delicate colour-pencil sketches by Ernst Zundel done in prison. Each is dated and signed. Each is a nature study. Mr. Zundel has long been a paint and sketch artist. He had returned to his love of art before the U.S. I.N.S picked him up and deported him. All donors of $100 or more will receive one of these sketches. Mail your donation today to CAFE, Box 332, Rexdale, ON., M9W 5L3, Canada or e-mail us your VISA number and expiry date. On your cheque or an accompanying piece of paper, note: "For Zundel Defence Fund."