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Source: The Globe & Mail
February 25, 2005

Zundel can be deported, Federal Court rules

Friday, February 25, 2005 Updated at 3:05 AM EST

Holocaust denier Ernst Zundel 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. Zundel 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. Zundel seems to thrive 
in this troubled sea, surrounded by ambiguity and hypocrisy," the 
judge said.

"Mr. Zundel'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. Zundel could be on a plane to his 
native Germany at any time.

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

He said Mr. Zundel 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. Zundel, 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. 

"Mr. Zundel 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. Zundel's status as a global power 
who has hobnobbed with a who's who of the racist right.

He described Mr. Zundel 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. Zundel 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 Zundel 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. Zundel to 
leaders of the Ku Klux Klan, the Aryan Nations movement and many others 
who often resort to violence. 

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

Judge Blais said that Mr. Zundel 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 Zundelsite 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.

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