By Anita Bromberg — B’nai Brith Counsel
More than 18 months since Judge Pierre Blais of the Federal Court commenced hearings to review the reasonableness of the security certificate issued against Holocaust denier Ernst Zundel, only one more day is scheduled to complete final submissions. But as lawyers who have been monitoring proceedings by and against Zundel spanning more than two decades will undoubtably warn you, it is wise to expect the unexpected.
In these proceedings alone, two applications made their way through appeals to the Supreme Court of Canada, where leave to appeal on both was recently refused, with costs. Zundel has worked his way through two lawyers in these proceedings. Long- time friend Doug Christie, who also took the stand in Zundel’s defence, stepped down as counsel citing family health issues last year.
Despite strict time limits set by the Judge for completion of the hearing, Zundel’s lawyer Peter Lindsay asked a notably irritated Blais last week to end the day early because he felt ill. This came up shortly after a heated exchange between Lindsay and the judge in which Blais strongly suggested that Lindsay’s submissions highlighting errors made by the judge in statements to counsel were “ridiculous.” Two motions by Zundel’s defence team seeking to have Blais remove himself for apparent bias brought earlier in the proceedings were rejected by the judge, the latest decision the subject of an appeal set to be heard later in November.
A motion before the Federal Court of Appeal to stay the review proceedings is still outstanding as well. Blais has indicated that he could not possibly reach a decision in this protracted proceedings before the Federal Court Appeal date. In the two days of final submissions the Crown presented its case that the distribution of hate material by Zundel was a threat to the multicultural fabric of Canada.
The Crown rejected the defence argument that this was an aged old man with little or no influence and that this was a case of guilt by contact, smacking of McCarthyism. The defence tried painting a picture of Zundel as a pacifist who has dedicated his life to what he claims is Holocaust exaggeration, which has unfairly vilified the German people.
Zundel, himself looking worse for wear since his first reappearance in Canada, sat through the hearings making notes and apparently drawing sketches, some of which are posted to the website in his name, including one drawing that shows a Jewish star dripping blood under an American eagle. Proceedings are schedule to resume and finish on Nov. 1.
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