Party of Citizens
Fri, 11 Jun 2004 09:13:01 -0700
-Caveat Lector- Maybe the Monster in The Fog of War is a totalitarian system working through democratic institutions.
Z
The Governments of BC and Canada believe they have the right to torture
and kill innocent citizens. The UDHR says otherwise.
<http://www.geocities.com/universalhumanrightscanada>
On Thu, 10 Jun 2004 [EMAIL PROTECTED] wrote:
> ...and they try you in secret! Sounds like America under Bush too now that I
> think about it...
>
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>
> http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20040511/ZUNDEL11/TPNational/Canada
>
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> Court won't hear Zundel's appeal
> By KIRK MAKIN
> JUSTICE REPORTER
> Tuesday, May 11, 2004 - Page A6
>
> Holocaust denier Ernst Zundel could spend as long as five more years in
> solitary confinement, after an Ontario Court of Appeal decision that it cannot hear
> his challenge to a federal anti-terrorism law.
>
> The court agreed with federal prosecutors yesterday that it lacks legal
> jurisdiction to consider Mr. Zundel's challenge to the "security certificate"
> system. Mr. Zundel can now either seek leave to have the Supreme Court of Canada
> overturn the ruling, or resign himself to waiting years before his case is heard
> in the Federal Court of Canada .
>
> "Obviously, I'm very disappointed," his lawyer, Peter Lindsay, told
> reporters. "The Crown has never been prepared to argue its case on its merits. If
> they
> want to argue the merits, they should just argue the damned merits. Somehow,
> some day, we will get to argue this."
>
> Mr. Zundel has been behind bars since 15 months ago, when federal authorities
> launched proceedings to deport him to Germany. The government claims the
> 64-year-old man, who has been in Canada since 1958 and has no criminal record,
> poses a danger to Canada.
>
> The entire case against Mr. Zundel has been heard in secret before a Federal
> Court judge, a contentious procedure that forms part of the underpinning of
> his constitutional challenge.
>
> A security certificate -- normally targeted at alleged spies and terrorists
> -- is signed by two federal cabinet ministers who decide, on the basis of
> secret intelligence, that an immigrant should be deported as a danger to Canadians.
> The immigrant is not permitted access to the precise allegations against him.
>
> Federal lawyer Donald MacIntosh argued yesterday that one of the reasons
> Federal Court is the more appropriate place for a constitutional challenge is that
> its judges are more experienced with immigration matters.
>
> Mr. Lindsay and co-counsel Chi-Kun Shi rejected his suggestion. They
> maintained their client is legally entitled to pursue his challenge in the fashion
> that is most advantageous to him and that his preferred route is through the
> Ontario Superior Court and the Ontario Court of Appeal.
>
> "My position is that this court is perfectly able to deal with it properly,"
> Mr. Lindsay told Madam Justice Louise Charron, Mr. Justice Marc Rosenberg and
> Madam Justice Eileen Gillese.
>
> Mr. Lindsay and Ms. Shi maintain that the attempt to deport Mr. Zundel is
> based on bogus evidence and is attributable to cabinet ministers who were
> successfully lobbied by interest groups.
>
> "All Canadians should be concerned about living in a country where secret
> proceedings occur," Mr. Lindsay said yesterday. "Secret trials are fundamentally
> unfair."
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