CSIS Report on Ernst Zundel Canadian Security Intelligence Service (CSIS) Report for the Security Certificate [77(1)]**CAERS can not vouche for the accurcy, or completness, of the information provided below.
Table of Contents
Part I Introduction … …… ………………………………………………………………………………….1
Part II Position of the Ministers …………………………………………………………………………….2
Part III Danger to the National Security or to the Safety of any Person……………………………………2
a) The White Supremacist Movements…………………………………………………………………….…3
b) Support for Violence and Contacts in the Movement………………………………………………….......4
Part IV Unlikely to Appear at a Proceeding or Or for Removal………………………………………… …..9
a) Canadian Human Rights Commission (CHRC)……………………………………………………………9
b) Failure to Address U.S Immigration Requests…………………………………………………………….11
c) Contempt for the German State……………………………………………………………………………12
Part I Introduction
1. On May 1,2003, the Minister of Citizenship and Immigration and the the solicitor General of Canada (the Ministers) signed a certificate stating that Ernst Christof Friedrich Zundel (“Zundel”), a permanent resident of Canada, is inadmissible on grounds of security. Specifically, the certificate stated that the ministers believed that there are reasonable grounds to believe that Zundel is inadmissible to Canada pursuant to sections 33 and 34(1)(c), (d),(e) and (f) of the IRPA
Section 33: The Facts that constitute inadmissibility under section 34 to 37 include facts arising from omissions and, unless otherwise provided, included facts for which there are reasonable grounds to relive that they have occurred, are occurring may occur.
Section 34: (1). A permanent resident or a foreign national is inadmissible on security of grounds for.
Note: The name of individuals and organizations contained in this report are taken from various open sources and in some cases, they have been spelled as they were transliterated in the original source material in order to comply with the facting. As a result, these names may appear differently in various references, and may differ from spellings used in practice by these individuals and law-enforcement or intelligence agencies. In order to clarify the identity of the individual or organization, footnotes or additional information info parentheses have been employed where a different transliteration any cause confusion.
Statement summarizing the information available to the designated judge in the matter of Ernst Zundel in relation to national security or the safety of persons, pursuant to the sections 78 and 84 of the Immigration and Refugees Protection Act (“IRPA”) who is named in a certificate described in sections 77(1) and the IRPA.
Part I Introduction
1. On May 1, 2003 the Minister of Citizenship and Immigration and the Solicitor General of Canada (the Ministers) signed a certificate stating that Ernst Christof Friedrich Zundel (Zundel), a permanent resident of Canada, is inadmissible on grounds of security. Specifically, the certificate stated that the ministers believed that there are reasonable grounds to believe that Zundel is inadmissible to Canada pursuant to sections 33 and 34(1)(c), (d), (e), and (f) of the IRPA: (c) Engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of person in Canada (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), or (c)
2. On May 1, 2003, the Ministers signed a warrant for Zundel’s arrest pursuant to section 82(1) of the IRPA.
Part II Position of the Ministers
3, The Ministers believe that Zundel’s detention pursuant to section 82(1) of the IRPA should be continued because there are reasonable grounds to believe that Zundel is a danger to national security or to the safety of any person and is unlikely to appear for removal.
Part III Danger to the National Security of to the Safety of Any Person
4. The Ministers have reasonable grounds to believe that Zundel is a danger to the national security or to the safety of any person. Based on the Security Intelligence Report (“SIR”) filed in support of the certificate, although Zundel has virtually no history of direct personal engagement in acts of serious violence, his status within the White Supremacist Movement (“Movement”) is such that adherents are inspired to actuate his ideology. By his comportment as a leader and ideologue, the Ministers believe that Zundel intends serious violence to be consequence of his influence. To this extent the Ministers believe and assert that with those who actually execute the acts.
a) The White Supremacists Movement
5. 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. Zundel is viewed by white supremacists as a leader of international significance and was viewed as the patriarch of the Movement in Canada prior to his removal from the United States (“U.S”) Zundel is one of the world’s most prominent distributors of revisionist neo-Nazi propaganda through the use of facsimiles, courier, telephone, mail, media. Short-wave 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. This has resulted in Zundel playing a critical role in the movement both in Canada and internationally.
6. The fundamental belief of the movement is that the white race is an endangered species in need of protection as a result of non-white and Jews seeking to attack the foundation of western civilization.
7. The movement in Canada is characterized by violent right-wing extremist organization such as the Heritage Front, and the Church of the Creator.
b) Support for Violence and Contacts in the Movement
8. Zundel has openly advocated his support for individuals who have committed serious acts of violence. On April1, 2003, during a detention review before the Immigration Division of the Immigration and Refugee Board of Canada, in response to questions concerning Adolf Hitler Zundel stated:
Q: Mr. Zundel, yesterday you referred to what you describe as your truth as you found it. That was your terminology that you used, correct? A: It’s a phrase that I have uses, yes. Q: Now, and the fact is your truth is that you’re an admirer of Adolf Hitler, right? A: Yes, I am. Q: And in fact you refer to him as the Great One, correct? A: That’s correct.
9. The service believes that Zundel maintained contact with British white supremacist Nick Griffin and his extreme right-wing organization, the British National Party (“BNP”). The BNP has been involved in acts of politically-motivated violence. In April 1999, three bombs exploded in London, England, killing three people and injuring hundreds of others. The man charged with these bombings, David Copeland, was determined to have been linked to the BNP. He was given six life sentences in July 2000 for the bombings.
10. In October 1997 Griffin was charged with offences under the British Public Order Act and was subsequently convicted in relation to his right-wing publication, The Rune, an anti-Semitic quarterly magazine designed to evoke racial hatred. Griffin wrote of the need to defend “rights for whites” with “well-directed boots and fists” and “when the crunch comes, power is the product of force and will, not of rational argument” as well as references to “mongrel slaves”. The prosecution said that the magazines conveyed “the clearest possible message of a call to arms to white supremacists.”
11. The service believes Zundel has also maintained sporadic contacts with William Pierce, leader of the National Alliance (“NA”). The NA uses violence as a tactic to achieve its goals. Zundel acknowledged that Pierce verbally supported the use of violence against the government in power.
12. The Turner Diaries, a novel written by William Pierce which recounts the thoughts and actions of a member of a white revolutionary group set to overthrow the American government, has helped motivate a rash of crimes for the past 20 years. In particular, it was said to be a major source of inspiration for Timothy McVeigh, the convicted Oklahoma City bomber. McVeigh was so captivated by the work that he would sell, or provide at no charge, a copy to random acquaintances. There are striking parallels between the Oklahoma City bombing and a bombing described in the book. In the book, a group of “patriots” exploded a 4-400 pound Ammonium Nitrate Fuel Oil (“ANFO”) bomb that destroys a federal building at 9:15 am. McVeigh, who frequently carried The Turner Diaries with him, was convicted of exploding a 5000-pond ANFO bomb that destroyed a federal building at 9:02 a.m. Prosecutors argued that the book was the blueprint for McVeigh’s plan.
13. The service believes that Zundel has relationships with, exerts influence over or assist violent and/or influential members of the Movement in achieving their goals. Some of the individual are: Wolfgang Droege; Marc Lemire; Terry Long; Tony McAleer; George Burdi, Christopher Newhook; Eric Fisher; Tom Metzger; Richard Butler; Siegfied Verbeke; Dennis Mahon; Ewald Althans; Oliver Bode; Christian Worch; Gottffied Kuessel; and Bernard Klatt.
14. Zundel promoted the sue of politically-motivated violence Zundel called for acts of violence against the German authorities in a circular letter sent to Germany in 1981. Referring to a nation-wide search operation against white supremacists in Germany which took place in march 1981, Zundel stated that “the bigwigs and their Zionist behind-the-scene manipulators” have gone too far with their searches and, then states “To say it with Mao Zedong: Then justice will be spoken from the barrel of a gun.”
15. Based on the critical role Zundel plays in the movement both in Canada and internationally, his statements concerning Adolf Hitler, promotion of the use of politically motivated violence in Germany, his support for individuals such as Nick Griffin and William Pierce and control and or influence over individuals such as those stated in paragraph 13 above, the Ministers have reasonable grounds to believe that Zundel is a danger to national security or the safety of any person and his detention must therefore be continued.
Part IV Unlikely to Appear at a Proceeding or for Removal
16. The Ministers have reasonable grounds to believe that Zundel is unlikely to appear for removal. Although Zundel may attend the proceedings that are held by this Honourable Court concerning the reasonableness of the certificate, Zundel’s testimony during the Immigration detention review on April 1, 2003 concerning the Canadian Human Rights Commission (“CHRC”), his U.S. Immigration history and contempt for the German state demonstrate that he will not accept the legal authority of the Minister of Citizenship of Immigration to remove him from Canada.
17. During the April 1, 2003, detention review Zundel demonstrated his contempt for Canadian institutions that do not make rulings favourable to him. In response to questions in cross examination concerning the “Zundelsite” and the decision of the CHRC’S that the Zundelsite was operated by Zundel, that Zundel was found in violation of disseminating material fostering hatred and contempt, and that he remove the offending sections of his web site, Zundel testified as follows:
Q: Now, you agree with me that the CHRC found that you had control over the Zundel site?
Q: Would you agree that they made a finding that you control the site?
Q: And you agree that they made a finding that having been ordered to remove certain offending material from the site that you failed to remove that material?
A: I was no longer in Canada and therefore no longer under the control of the Human Rights Commission. It did not apply to me. Their decision was moot. Mr. Penza says he passed a symbolic decision. I was protected by the United States Constitution the moment that I applied for status in the United Sates. My wife who owns, runs, designs, has done so with this web site since 1996 is an American citizen. She is totally protected by the United States Constitution, has a Constitutional right to say anything on the web site because the President of the United States, Clinton and also Bush, the 9th circuit court and the Supreme Court have ruled that the internet content is inviolable.
Q: Well, let’s just go back to what you just said a few minutes ago. You just finished teling met hat because you were not in Canada the order didn’t apply to you. That was your evidence, correct?
A: It’s an American based web site on an American ISP, the Americans have a constitutional right to say anything that and to do anything on an American based web site. My wife is an American. I was by then living in America, therefore my legal advice was from American attorneys and from two Canadian attorneys, that the point was moot.
Q: And in fact, previously at your detention review held before the Immigration and Refugee Board member, Mr. Thomson, you referred to the Canadian Human Rights tribunal as a hick tribunal. That was your statement, correct?
Q: Do you see those words that are at the bottom of page 56: “now, she is not going to stop the web site because some Canadian hick tribunal is going to rule against it, besides I was living lawfully in the United States.” Do you see that?
Q: That’s your statement you made last time?
A: Yes. (Emphasis added)
18. By refusing to comply with the order of the CHRC concerning the Zundelsite and Referring to the CHRC as a ‘hick tribunal’ that had no jurisdiction over him, the Ministers believe that Zundel is unlikely to appear for removal.
b) Failure to Address U.S. Immigration Requests
19. During the detention review on April 1, 2003 Zundel demonstrated his ability to flout requested of U.S immigration authorities. On February 5, 2003 he was removed from the U.S. to Canada. During the detention review on April, 1, 2003, in response to questions concerning his U.S. immigration history, Zundel testified as follows:
Q: Page 20 says the following, reading from the third paragraph, lengthy paragraph from the top, “You failed to appear on June 12th, 2001 for your scheduled interview. The Service held your application in abeyance for six month period, however no communication was received from your requesting resulted in the termination of your petition and application based on abandonment of January 30th, 200.” So, they held the matter in abeyance for a period of six months and they didn’t receive any communication from you. That’s what they’ve said there? A: That’s their version of the story and that’s why there’s ongoing litigation because my attorney say they did not follow procedures. That we could not respond to something that we didn’t know was open to us and so therefore that is what the legal disputes is and that’s why I tell you there are three court cased pending in the United States. Q: So I suggest to you, Mr. Zundel, that you’ve had ample opportunity to comply do so and not only did you not show up for an interview, you failed to communicate with them subsequent to the interview? A: That’s your version of events…..
20. By refusing to comply with the requests of the U.S. immigration authorities, the Minister have reasonable grounds to believe Zundel is unlikely to appear for his removal from Canada.
c) Contempt for the German State
21. During the detention review on April 1, 2003, Zundel demonstrated his contempt for the German State:
Q: Now you said that you send dissident material to the home country? A: That’s right. Q: Correct? A: That’s where I was born. Q: And I take it that by the home country you mean Germany, is that correct? A: Correct. Q: And I suggest to you that what you describe as dissident material the German A: Correct Q: And I suggest to you that what you describe as dissident material the German authorities consider to be material that incites hatred and that’s why you were convicted in the German court in December 1991, would you agree with that? A: No, I don’t. Some of the material might have been…my relation to Germany has been going on for 40 years and this is one instant out of 40 years where one piece of my writing or piece of videotape was pillared by the German state and that’s not a record in 40 years and it is dissident material. Q: Well, that’s how you describe it, but the German courts view it differently, don’t they, sir? A: Well, Stalinist courts, any other dictatorship basically marginalized its dissidents. I am in a long line form Dilas (ph) to Saloman Rusthtie (ph). So…. Q: So in your view the German legal system is a Stalinist totalitarian system, is that correct? A: The German legal system was imposed by the ally military conquerors of Germany in the state that they created to serve them. Germany is not a democracy. It is not founded on democratic principles. It is an occupation regime, Mr. Macintosh. An illegal, an illegally imposed occupation regime with democratic (inaudible) where truth is not a defence.
22. By testifying that German is not a democratic country and he is a dissident from that country, Zundel, a German citizen by birth, will be unlikely to appear for removal to Germany if the Minister of Citizenship and Immigration determines that is where he is to be removed to. The Ministers therefore have reasonable grounds to believe that Zundel is unlikely to appear for his removal from Canada.
Part V Conclusion
23. The minister have reasonable grounds to believe that Zundel is a danger to national security or the safety of any person an is unlikely to appear for removal because of his status within, connection to and influence over individuals within the Movement, his lack of respect for adverse decisions of Canadian quasi-judicial bodies, his failure to address requests of U.S immigration authorities and his contempt for Germany.
24. It is the opinion of the Minister that not continuing Zundel’s detention will place him in a position to continue in his role as the patriarch of the Movement in Canada, accentuated by the notoriety garnered by his release. It is the Ministers’ position that no strict conditions or amount of money or surety would be sufficient to alleviate the Ministers’ concerns that there are reasonable grounds to believe that Zundel is inadmissible on grounds of society.
Ernst Zundel CSIS Refugee hearing