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Detention and deportation

In 2003, Zündel was arrested in the United
States for violating that country's immigration
rules, specifically visa
waiver overstay, which he argues was a "trumped up" charge.
After two weeks he was deported; although he is a German citizen, a
warrant for his arrest for Volksverhetzung (incitement of the
masses) had been issued in Germany in the same year and he sought refugee
status in Canada, despite the fact that his permanent
residency status in Canada had expired owing to his prolonged
absence from the country. At his hearing, Zündel described himself as
"the Gandhi
of the right".

On May 2,
2003,
Canadian Citizenship
and Immigration Minister Denis
Coderre and Solicitor
General Wayne
Easter issued a "national security
certificate" against Zündel under the provisions of the Canadian
Immigration and Refugee Protection Act, indicating that he was a
threat to Canada's national
security and/or the human
rights of Canadian citizens owing to his alleged links with violent
neo-Nazi groups including Aryan
Nations leader Richard
Butler, neo-Nazi Christian
Worch, and former Canadian Aryan Nations leader Terry
Long, as well as Ewald
Althans, convicted in a German court in 1995 of charges that
included insulting the memory of the dead and insulting the state.

Zündel moved twice to have Canadian Federal
Court justice Pierre
Blais recuse himself from the case for "badgering and accusing
the witness of lying" and exhibiting "open hostility"
towards Zündel, and filed two constitutional challenges, one in the Ontario
courts and one in the federal courts, all unsuccessful. During the
hearing, Zündel characterized his position as "Sometimes I feel
like a black man being convicted on Ku
Klux Klan news clippings." [3]

Zündel meanwhile moved to be released from detention
on his own recognizance
while the legal proceedings were ongoing. His lawyer, Doug
Christie, introduced as a "surprise witness" Dr. Lorraine
Day, a California doctor who practises alternative
cancer treatments, to testify that Zündel's incarceration at Toronto's
Metro
West Detention Centre was causing his chest tumor (revealed to the
court a few weeks previously) to grow and his blood
pressure to rise, that the medication supplied to control his blood
pressure was causing side-effects
such as a slow heart
rate and loss
of memory, and that "He needs exercise, fresh air, and freedom
from stress.
The whole point is we need to have his high blood pressure controlled
without the drug." [4]
On January
21, 2004,
after three months of hearings including both public and secret
testimony, Justice Blais again ruled against Zündel with a damning
statement, reading in part:

The nature of the evidence, kept partly secret, and the fact that
no cross-examination was possible for Mr. Zündel mean that I must
be particularly careful in assessing the evidence presented and
determining what weight it should be given...I wish to make it clear
that the additional burden placed on the judge is not taken lightly.
The information that was presented to me in camera was reviewed with
intense scrutiny, and was carefully weighed, with an eye to the
quality and number of sources of information.

That being said, I have come to the conclusion, based on the
information presented to me in camera, that Mr. Zündel does
represent a danger to the security of Canada, and should remain in
detention for the time being. In writing the present reasons, I am
constrained by the reality of national security reasons which impede
giving full expression to the grounds for continuing the detention.
However, to the extent that this is possible, I wish to explain a
little further my reasons for maintaining the detention…

Mr. Zündel's activities have in large part been public. In the
context of these public endeavours, Mr. Zündel has never advocated
violence. This has been the basis of his position throughout the
hearing. How can defending ideas, however unpopular or insulting,
pose a safety concern for Canada? After all, argue his lawyers, Mr.
Zündel has been repeating the same things for over twenty years,
and he has never been prosecuted for any crime, including hate
propaganda. He was charged with an offence - spreading false news -
which the Supreme Court has since declared unconstitutional. The Canadian
Human Rights Tribunal has ordered him to change the content of
the Zündelsite
[the Web site operated by Zündel's wife, Ingrid
Rimland] but, again according to his lawyers, a regulatory
offence hardly amounts to a threat to national security.

However, there are reasonable grounds to believe that Mr. Zündel
is a danger to national security or to the safety of any person.
Although Mr. Zündel has virtually no history or direct personal
engagement in acts of serious violence, his status within the White
Supremacist Movement is such that adherents are inspired to
carry out his acts in pursuance of his ideology. The Ministers
believe that by his comportment as leader and ideologue, Mr. Zündel
intends serious violence to be a consequence of his influence…

Mr. Zündel wields much more power within the right-wing,
extremist and violent movement known as the White Supremacist
Movement …than he lets on. He would have us believe that he is
only interested in ideas, and that others use his ideas as they see
fit, a situation for which he cannot be responsible.

The information made available to me paints an entirely different
picture. Mr. Zündel is not the avuncular figure looking on with
some indulgence on the wayward excesses of some misguided souls who
fail to understand his message of non violence. The evidence points
to his own direct involvement with groups he pretends to know very
little about…

Mr. Zündel represents a threat that far exceeds simple guilt by
association…

The Ministers have provided considerable evidence, that cannot be
disclosed for reasons of national security, that Mr. Zündel has
extensive contacts within the violent racist and extremist movement.
Mr. Zündel stated in his testimony that he knew the following
people slightly, or had professional contacts with them, or had
interviewed them as a reporter. Information showed, rather, that he
had dealt with them a great deal more, in some cases had funded
their activities, and generally had maintained much closer ties than
what he had admitted to in his examination or cross-examination.
These contacts include Tom
Metzger, Richard
Butler, Dennis
Mahon and William
Pierce in the United States, Christian
Worch, Ewald
Althans, Gottfied
Kuessel and Oliver
Bode in Germany, Siegfried
Verbeke in Belgium, Terry
Long, Christopher
Newhook, Tony
McAleer, Bernard
Klatt, Wolfgang
Droege and Marc
Lemire in Canada, Nick
Griffin in Great Britain and members of South Africa's Afrikaner
Resistance Movement.

Mr. Zündel knows Wolfgang Droege, another
"acquaintance" and co-founder of the Heritage
Front. Mr. Droege, before coming to Canada and founding the
Heritage Front, was convicted and sentenced to three years'
imprisonment in the United States for an attempted coup on Dominica.
Mr. Zündel maintains that he and Mr. Droege only discussed history
matters. I find this difficult to believe, if only because of
frequent contacts with Mr. Droege and the latter's rather active
role in terrorist activities.

Mr. Zündel would have us believe that he knew Marc Lemire for the
"photocopying work" Mr. Lemire did for him. Yet Marc
Lemire has been and still is very active in Heritage Front, which he
now leads, and an active participant in internet services, notably
the "Freedom Site" which offers links to extreme rightwing
groups of Canada. Marc Lemire has in fact received financial
assistance from Mr. Zündel, and again, I believe the nature of
their relationship is much closer than what Mr. Zündel admits. I
find somewhat unbelievable that they would never have discussed any
matter related to Heritage Front or the internet, given their
presence in cyberspace through various sites. Similarly, I believe
Mr. Zündel had more extensive contacts with Bernard Klatt, a
computer expert who provided internet services to various extremist
groups, than what Mr. Zündel stated.

It is obvious that Mr. Zündel has provided a pale reflection of
the real relationship he has had for decades with the individuals
named above and others identified in the documents filed as evidence
by the Ministers, individuals who have been involved in violent,
criminal activities. One finds in their words and actions always
present a common thread: hatred of Jews, hatred of nonwhite
minorities, a claim that Whites are threatened by our multicultural
society. Mr. Zündel may deny that he advocates violence, but he
cannot deny that he espouses the same ideas as extremist violent
groups. The information provided in camera by the Ministers to this
Court goes further: Mr. Zündel in many cases pulls the strings that
lead to violent actions.

I am convinced that Mr. Zündel was well aware of the outcome of
his publications and public comments. Moreover, he knew in advance
when certain activities, actions, demonstrations would occur, where
skinhead elements would be involved with little restraint or indeed,
with encouragement from the more staid members of the movement who
would pretend not to know and not to approve of those actions. Not
only did he know ahead of time, he was often involved in the
planning…

The constraints of national security have made the Ministers
unable to show public evidence to link Mr. Zündel to any of the
violent acts that have been committed by extremist, racist groups.
The information that has been provided to me, however, has satisfied
me that there are reasonable grounds to believe that such a link
exists. I am also satisfied that there are reasonable grounds to
believe that if Mr. Zündel were freed from detention, he would be
able to reestablish links with groups that present a threat to the
security of Canada.

On February
24, 2005,
Justice Blais ruled that Canada could deport Zündel back to his native
Germany at any time, and on February
25 Zündel's lawyer, Peter
Lindsay, announced that his client would not attempt to obtain a
stay against the deportation and that his fight to remain in Canada was
over. In his decision, Justice Blais noted that Zündel had had the
opportunity to respond to the allegations of the decision of January 21
by explaining the nature of his contacts with the extremists mentioned
and/or providing exonerating witnesses, but had failed to do so; he went
on to say, in part:

[23] Pursuant to the Security Intelligence Report of which Mr. Zündel
was provided a summary, White Supremacists are defined as racists,
neo-Nazis and anti-Semites who use violence to achieve their
political objectives. Leading White Supremacists may inspire others
to use or threaten use of violence. Mr. Zündel is viewed by White
Supremacists as a leader of international significance and was
viewed as the patriarch of the Movement in Canada for decades. Mr. Zündel
is one of the world's most prominent distributors of revisionist
neo-Nazi propaganda through the use of facsimiles, courier,
telephone, mail, media, shortwave radio transmissions, satellite
videos and the Internet, through his website the Zundelsite, which
is a platform for financing and contains White Supremacist documents
as well as hyperlinks to other White Supremacist websites. The
Security Intelligence Report concludes that based on the evidence
that has been provided, Mr. Zündel is playing a critical role in
the Movement, both in Canada and internationally.

[24] Documents issued by Mr. Zündel over the years show his
intention to destabilize the legal and legitimate democratic
government of Germany. The evidence also demonstrates a clear
determination to disseminate copious amounts of documentation and
information from Canada to Germany, using Canadian soil to advance
his goal of undermining the German government.

[25] Furthermore, the Ministers have provided public and in camera
evidence that Mr. Zündel has extensive involvement with contacts
within the violent, racist, right wing movement. These contacts
encompass individuals and organizations in Canada and abroad.

[26] Mr. Zündel has always supported the ideology of the White
Supremacist Movement, one which is based on the fundamental belief
that the white race is an endangered species in need of protection
as a result of non-Whites and Jews seeking to attack the foundation
of western civilization. Blacks in particular are seen as
intellectually inferior, while Jews are viewed as conspiring to gain
control of the world through manipulation of financial markets, the
spread of communism, pornography and general moral degeneracy. The
government is viewed with suspicion as it is seen to be controlled
by a Jewish conspiracy referred to as zionist occupation government
(ZOG).
These fundamental beliefs lead to antisemitic, racist,
anti-immigration, anti-democratic, anti-human rights and
anti-homosexual attitudes.

[27] The Nazi
Party under Adolf
Hitler in Germany in the 1930s and 1940s is notoriously well
known; what is less known, is the Canadian version which was
developed over the 1940s and the 1950s under Adrien
Arcand, who promoted Hitler as a saviour of Christianity and
formed the Parti
national social chrétien in the 1930s. That party then merged
with the Canadian
Nationalist Party from the West to form the National
Unity Party. Later in the 1960s, the Canadian
Nazi Party became the National
Socialist Party and Mr. Zündel explained how he was influenced
by Mr. Arcand himself whom he met when he arrived in Canada in the
1950s. At the conclusion of World War II, the enthusiasm of those
Nazi parties around the world was greatly reduced; nevertheless,
there still remained some desire to support this neo-Nazi approach.
Mr. Zündel is among the few people that worked hard to maintain
that support and who went to great lengths to try and establish some
credibility to the neo-Nazi movement. He also tried by all means
possible to develop and maintain a global network of all groups that
have an interest in the same right wing extremist neo-Nazi mind-set.

[28] The Ministers filed as evidence a document by the Security
Intelligence Review Committee (SIRC), entitled The
Heritage Front Affair Report. The Ministers zeroed in on a
particular part of this report and I quote:

Finally, we would like to put on the record our unshakeable
conviction that the Government of Canada, through all means at
its disposal, should continue to ensure that it is always aware
of what is going on within extreme right wing racist and
Neo-Nazi groups. Canadians should never again repeat the
mistakes of the past by underestimating the potential for harm
embodied in hate-driven organizations. (Section 13.12 of the
SIRC document)

Zündel was deported to Germany
on March
1, 2005.
[5]
Upon his arrival at Frankfurt
airport,
he was immediately arrested and detained in Mannheim prison awaiting
trial for inciting racial hatred. [6]

German trial

German prosecutors charged Zündel on July
19, 2005,
with fourteen counts of inciting racial hatred. The indictment says Zündel
"denied the fate of destruction for the Jews planned by National
Socialist powerholders and justified this by saying that the mass
destruction in Auschwitz and Treblinka, among others, were an invention
of the Jews and served the repression and blackmail of the German
people."

His trial was scheduled for five days beginning November
8, 2005,
but ran into an early delay when Judge Ulrich
Meinerzhagen ruled that Horst
Mahler, whose license to practice as a lawyer was withdrawn in 2004
and who, in January 2005, was sentenced to nine months in prison for
inciting racial hatred, could not be part of the defense team. Mahler
had been associated with the violent far-left Red
Army Faction in the 1970s, but has since become a supporter of
far-right and anti-Semitic groups. Zündel's public defender Sylvia
Stolz was also dismissed, on the grounds that her written
submissions to the court included Mahler's ideas. On November
15, 2005,
Meinerzhagen announced that the trial will be rescheduled in order to
allow new counsel time to prepare. [7]

The trial resumed on February
9, 2006
for several court sessions but then adjourned on March
9 when the trial judge asked for Stolz to be removed as Zündel's
defence lawyer after having denounced the court as a "tool of
foreign domination" and described the Jews as an "enemy
people". On March
31 the the superior state court in Karlsruhe removed Stolz from the
case for illegally obstructing proceedings "with the sole goal of
sabotaging the trial . . . and making it into a farce".[8]

The trial is expected to resume on June 9, 2006.[9]

Zündel's ancestry

According to Toronto
Sun columnist Mark
Bonokoski, Zündel's mother was Gertrude Mayer and his maternal
grandparents were Nagal and Isador (Izzy) Mayer. Izzy Mayer was a union
organizer for the garment industry in the Bavarian
town of Augsburg.

According to Bonokoski, Ernst's ex-wife Irene Zündel said that the
possibility of being at least part-Jewish bothered Zündel so much that
he returned to Germany in the 1960s in search of his family's Ariernachweis,
a Nazi-era certificate of pure Aryan
blood, but was unable to find any such document for his family.

In 1997, Zündel granted an interview to Tsadok
Yecheskeli of the Israeli
newspaper Yedioth
Ahronoth that includes the following exchange:

Yecheskeli: Are you sure there's no Jewish blood in your family?

Zündel (in hushed voice): No. [10]

• Ingrid Rimland Likes Irene Zündel Pussy! -- Don Black Likes Asian Men, 03:08:20 06/07/06 Wed