“ The individual right to liberty and the security of the person can only be exercised within an institutional framework or social order that commands respect and is respected. It no longer has much meaning or scope when, collectively, the society charged with ensuring its protection has lost its own right to liberty and security as a result of terrorist activities that it was powerless to prevent or eradicate owing to this individual right that it was to protect and intended to protect. ”

“ With respect, I think it is hard to conceive of many allegations more serious than one involving terrorism or membership, past or present, in a terrorist organization. Terrorist organizations by their nature are unpredictable. The existence of sleeper cells is widely recognized and the mere fact someone has lived peacefully in Canada for many years does not preclude them from being a threat to the security of Canadians. Contrary to the appellant's arguments, an allegation that someone is a former member of a terrorist organization therefore is a very serious one. ”

“ These considerations lead us to conclude that a person constitutes a "danger to the security of Canada" if he or she poses a serious threat to the security of Canada, whether direct or indirect, and bearing in mind the fact that the security of one country is often dependant on the security of other nations. ”

“ Zündel said, the Heritage Front, a group described as the most powerful racist gang to hit Canada since the real Nazis back in the Dirty Thirties, was not a good idea, then why would he hire the president of that organization, Mr. Lemire, as a part-time and then full-time employee in his own personal residence?
[40] If, as Mr. Zündel stated, Mr. Droege is a terrorist and was totally ill-advised with everything he has done, be it in the United States or as leader of the Heritage Front, then how can he allow him to enter his house on a daily basis? ”

“ The Aryan Revolution uses the most effective means at his or her disposal to undermine the Jew controlled, anti-White system. With books, pamphlets, music, and TV, we shall plant the seeds of Racial Revolution. ”

“ Zündel was well aware, Bela Ewald Althans was convicted, among other things of incitement to hatred under German law, and imprisoned after being found guilty of denying the Holocaust and insulting the state and the memory of the dead and if Mr. Zündel knew that the presiding judge has called Mr. Althans "a moral arsonist" who is not a violent man but is still just as dangerous to the community, then why did he keep Mr. Althans as his personal representative in Europe and in Canada to disseminate his publications and organize tours for him in Europe? ”

“ There is therefore no requirement that criminality be determined in order for a permanent resident or a foreign national to be found to be a danger to the security of Canada (Suresh v. Canada (M.C.I.) , supra, at paragraph 85; see also Almrei v. Canada (M.C.I.) , supra, at paragraphs 99 and 100) . Rather, as mentioned earlier, the threat that a person may constitute a danger to the security of Canada must be substantial and based on an objectively reasonable suspicion. ”

“ Ashcroft and the Immigration and Naturalization Service, supra, at page 21:
Few interests can be more compelling than a nation's need to ensure its own security. It is well to remember that freedom as we know it has been suppressed in many countries. Unless a society has the capability and will to defend itself from the aggressions of others, constitutional protections of any sort have little meaning. ”

“ We are not a non-violent organization. We support the coming of a New Dawn in which white power will be a fact of life. Our soil will be cleansed, of this there is zero doubt. [my emphasis]
[59] Regarding Mr. Zündel's relationship with Mr. Althans, based on conclusive evidence provided to me in public and in camera, I believe it is much more extensive than presented during the hearings; in fact, Mr. Althans worked for Mr. Zündel for many years and was provided funds to work for him and to distribute his material in Europe, particularly in Austria and Germany. ”

“ Refugee protection may not result from an application for protection if the person
(a) is determined to be inadmissible on grounds of security, violating human or international rights or organized criminality;
(b) is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punished by a term of imprisonment of at least two years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years ”

“ In summary, fundraising in the pursuit of terrorist violence must by necessity fall outside the sphere of protected expression. This conclusion is also fatal to the argument that those provisions of section 19 of the Immigration Act that render a person inadmissible to Canada because of membership in a terrorist organization violate an individual right of free association. Those who express their beliefs through active participation with organizations engaged in terrorist activities can find no solace in paragraph 2 (d) of the Charter. ”

“ In a criminal law context, we have an individual charged with breaking the criminal law of the land who faces punishment if the state succeeds in overcoming his presumption of innocence. In a section 40.1 context, we have an alien who may lose the qualified right to stay in Canada that he gained by being given refugee status, but whose liberty will not then be otherwise impeded. ”

“ The threat must be "serious", in the sense that it must be grounded on objectively reasonable suspicion based on evidence and in the sense that the threatened harm must be substantial rather than negligible. ”

“ 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. ”

“ It is true that there are no allegations of criminal activity against the appellant, nor allegations that he engaged in terrorism in Sri Lanka or was involved directly in the procurement and supply of weapons for the LTTE. However, activities which are undertaken in support of and in furtherance of terrorist activities constitute reprehensible conduct outside the protections offered by the Charter. In my view, those who freely choose to raise funds used to sustain terrorist organizations bear the same guilt and responsibility as those who actually carry out the terrorist acts. ”

“ 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. ”

“ That terrorist organizations might use Canada as a base from which to operate is not simply a theoretical possibility as will be explained below; see discussion infra, paragraph 109. Moreover, the "security of Canada" cannot be limited to instances where the personal safety of Canadians is concerned. It should logically extend to instances where the integrity of Canada's international relations and obligations are affected. It must be acknowledged that only through the collective efforts of nations will the threat of terrorism be diminished. ”

“ As a result, such an informed reader may at times, by fitting a piece of apparently innocuous information into the general picture which he has before him, be in a position to arrive at some damaging deductions regarding the investigation of a particular threat or of many other threats to national security. ”

“ Where the winner takes all and the loser is exterminated. This may seem like an extreme position to take, but the potential destruction of our Race mandates a fanatical position in it's [sic] defense. Whoever stands against our Racial survival, whether they be Jews, Negroes, or other non-Whites or White Race traitors, must be exterminated without remorse. ”

“ Another portion from the same edition of the Oklahoma Excalibur in the section titled White Revolution stated:
"Demoralize the enemy from within by surprise, terror, sabotage, and assassination. That is the war of the future." So said Adolf Hitler, and so shall we wage war. A war against all of those things that threaten the future of our Aryan Race. Homosexuality, race-mixing, and the destruction of the environment. Plus, Black on White violence, out of control immigration, and most of all the federal gov't. ”

“ Consideration of an application for protection shall be as follows:
(a) an applicant whose claim to refugee protection has been rejected may present only new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection;
(b) a hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required ”

“ The appellant's arguments based on factors c) [that the decision of the designated judge is made on the basis of secret evidence to which the appellant does not have access] , (d) [that the appellant does not obtain a summary of the information that is not disclosed to him] and (e) [that there is no means for the appellant to test the validity and credibility of this information and thus it is difficult if not impossible for him to refute it] do not, in our opinion, have a cumulative impact that would enable us to conclude that the process established by Parliament is constitutionally invalid. ”

“ Mr. Zündel advanced the theory that CSIS has deliberately put together a case to trap him and deport him from Canada. Among various allegations, there is a serious one referring to a bomb that was delivered through the mail, to Mr. Zündel's Toronto home. Mr. Zündel also relied on Andrew Mitrovica's book, Covert Entry, particularly at pages 138-140 in which the author quoted John Farrell, who testified in the present case. In fact, what is written in the book and what was said by Mr. Farrell while in the box are considerably different. It is obviously true that Mr. Zündel received a bomb. ”

“ No one should doubt that every person should strive to be at the highest standard, not only the White people.
[65] As Mr. Zündel himself said in an interview on a segment of the Fifth Estate aired on February 3, 1993:
I sow the seeds and other people then build on those ideas.
Mr. Zündel also mentioned that:
Adolf Hitler was not the demon that modern propaganda made him out to be. He was a very decent man and a very peaceful man.
[66] Further on in the Fifth Estate segment, Mr. Althans was also interviewed:
Althans: I said to Mr. Zündel, I want to help you t spread what you think in Germany. ”

“ The efficacy of those collective efforts is undermined each time a nation provides terrorist organizations with a window of opportunity to operate off-shore and achieve indirectly what cannot be done as efficiently and effectively in the country targeted for terrorist attacks. ”

“ It is between liberty with order and anarchy without either." (Re Charkaoui, supra, at paragraph 100)
[109] The decision is made by the judge and not by the Ministers. If the judge arrives at the conclusion that part of the evidence should be disclosed and the Ministers still believe that its disclosure would be injurious to national security, the Ministers may withdraw the evidence that is proposed. ”

“ And there was plenty of demand for the stuff within Germany's burgeoning Nazi Movement. By official estimate there are at least 42,000 right wing extremists in the country, including over 8,000 violent militants and organized neo-Nazis and 70% of them are under 30. Christian Worch of Hamburg is a young neo-Nazi leader who buys Zündel's material. Worch was once jailed for his Nazi activities. He is touted as one of the movements most capable organizers.
...
Malorek (interviewer) : Why do you have to turn to Ernst Zündel in Canada to get this material? ”

“ Zündel claims, it is not a good idea to use websites to disseminate messages of racial hatred and incite violence in the pursuit of White Supremacist objectives and that it is not a good idea to post on the Internet a practical guide to Aryan revolution which included chapters on assassinations, terror bombings, sabotage and racial wars, then why would he qualify Bernard Klatt, the man responsible for posting this guide, as a gentle person, and maintain contact with Mr. ”

“ Whether it takes five years or five hundred, ten lives or ten million, we must never rest until the Aryan Race regains control of it's [sic] future. White power. - Author unknown.
[56] In my view, Mr. Zündel's acceptance to work on the design of the Oklahoma Excalibur was an opportunity to improve the quality of the media presentation. Nevertheless, he did nothing to improve or to change the quality of the content which is extremely racist and a clear incitation to violence and hatred against Jews, Blacks and homosexuals. ”

“ Butler was also an editor for the Oklahoma Excalibur. In 2000, a civil jury awarded a $6.3 million dollar judgment against Mr. Butler in connection with an assault against a woman and her son. He was forced to sell his 20 acre compound in Hayden Lake, Idaho, to pay the judgment.
[58] Mr. Zündel stayed in touch with Mr. Butler, the founder of the Aryan Nations. As recently as July 2002, the Aryan Nations' website defined its ideology as follows:
Aryan Nations supports any and all efforts that disrupt the system and lead to system breakdown. ”

“ The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur. 34 (1) Security
34. (1) A permanent resident or a foreign national is inadmissible on security grounds for
(a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada ”