Court File No. T-567-96
IN THE FEDERAL COURT OF CANADA TRIAL DIVISION
ERNST ZÜNDEL APPLICANT
THE MINISTER OF CITIZENSHIP AND IMMIGRATION SECURITY INTELLIGENCE REVIEW
AFFIDAVIT OF BARBARA KULASZKA - APPLICANT
THE MINISTER OF CITIZENSHIP AND IMMIGRATION; and SECURITY INTELLIGENCE REVIEW
I, BARBARA KULASZKA, of the Town of Brighton, Province of Ontario, MAKE
OATH AND SAY AS FOLLOWS:
1. I have been a member of the Law Society of Upper Canada since 1980. I
practiced law from 1987 to 1994 during which time I acted as counsel to
the applicant Ernst Zündel. I presently work as a researcher and work
with the applicant's lawyer, Douglas Christie on this file. I have read
the allegations contained in the Statement of Circumstances provided to
the applicant by the respondent Security Intelligence Review Committee ("SIRC").
I am thoroughly familiar with the background and legal history of Ernst
Zündel and swear the following on personal knowledge or on information
and belief as the case may be in each paragraph, but if on information and
belief I verily believe the same to be true.
2. The applicant, Ernst Zündel, was born April 24, 1939 in Calmbach,
Germany. He entered Canada as a permanent resident on September 2, 1958.
3. On October 24, 1993 the applicant applied for Canadian citizenship. A
copy of this application for citizenship is attached to this my affidavit
and marked Exhibit "A".
4. On August 14, 1994 the Toronto Sun newspaper in its Sunday edition, published
a story entitled "Fed Mole Lit Racist Fuse: Paid informant helped found
Heritage Front" by reporter Bill Dunphy. A copy of the article is attached
to this my affidavit and marked Exhibit "B".
5. On September 10, 1994, the Toronto Star newspaper published an article
entitled "Exclusive: CSIS spy snapped in Libya: Portrait of the vanishing
spy: Grant Bristow was a man with great contacts and plenty of money to
spend." A copy of the article is attached to this my affidavit and
marked Exhibit "C".
6. On Monday, September 12, 1994, the House of Commons Sub-Committee of
the Standing Committee on Justice and Legal Affairs on National Security
began investigating the Heritage Front Affair. A copy of the Minutes of
Proceedings of June 7, 1994 and September 12, 1994 of the Sub-Committee
on National Security, setting out its mandate and the commencement of its
investigation of the Heritage Front Affair, is attached to this my affidavit
as Exhibit "D."
7. On September 29, 1994, the Official Opposition in the House of Commons
made a motion: "That this House denounces the government for its refusal
to set up a Royal Commission of inquiry on the alleged illegal activities
of the Canadian Security Intelligence Service." A lengthy debate took
place on this motion and the ability of the respondent SIRC to properly
investigate the CSIS and the activities of Grant Bristow. A copy of the
motion and the first submissions by the Official Opposition, the Reform
Party and the answer of the Solicitor General of Canada are attached to
this my affidavit and marked Exhibit "E."
8. In December of 1994, the respondent SIRC completed its report on the
Bristow affair entitled "The Heritage Front Affair", Report to
the Solicitor General of Canada, dated December 9, 1994. The Solicitor General
of Canada tabled the report in the House of Commons on December 15, 1994.
The SIRC report is attached to this my affidavit and marked Exhibit "F".
9. The activities of CSIS and "The Heritage Front Affair" report
by the respondent SIRC became a major news media story. A selection of news
stories is attached to this my affidavit and marked Exhibit "G".
10. In the House of Commons on December 15, 1994, the leader of the Reform
Party alleged that the SIRC report on the Bristow affair was "a whitewash"
and he called on the Solicitor General to agree "that the highly political
and completely ineffectual Security Intelligence Review Committee should
be done away with." A copy of page 9145 of the Commons Debates of December
15, 1994 recording these remarks is attached to this my affidavit and marked
11. The respondent SIRC stated in its report to the Solicitor General:
"...the allegations against CSIS were so serious that the
Security Intelligence 'system' established by Parliament in 1984 was in
danger of losing the public's trust. Readers of the 'Heritage Front Affair'
will be able to judge for themselves the effectiveness of the accountability
procedures put in place by the CSIS Act, and the Review Committee's role
in that structure." (Foreword, p. 1)
12. The House of Commons Sub-Committee on National Security heard evidence
in 1995 on the Heritage Front case and the respondent SIRC's handling of
the affair. One witness who testified was Elisse Hategan, a former member
of the Heritage Front. Her testimony was reported in the Toronto Star, June
14, 1995 in an article entitled "Report 'whitewash' of spy agency mole."
A copy of the article is attached to this my affidavit and marked Exhibit
13. A letter by Maurice Klein, Director of Research of the respondent SIRC,
was published in the Canadian Jewish News newspaper on July 27, 1995 in
response to an article in the paper criticizing the respondent SIRC's report.
A copy of the letter is attached to this my affidavit and marked Exhibit
14. The Minister of Citizenship and Immigration Sergio Marchi wrote on August
5, 1995 to the applicant informing him that the Minister had made a report
to the Security Intelligence Review Committee pursuant to s. 19(2) of the
Citizenship Act to the effect that there were reasonable grounds to believe
that the applicant "will engage in activity that constitutes a threat
to the security of Canada." The Minister informed the applicant that
this determination was made "on the basis of information and advice
provided by the Canadian Security Intelligence Service." A copy of
the letter is attached to this my affidavit and marked Exhibit "K".
15. The Toronto Sun newspaper published an article on October 20, 1995 entitled
"MPs rip Bristow spying scandal: CSIS broke the law, leaked report
says". The article dealt with the report being prepared by the House
of Commons Sub-Committee on National Security. A copy of the article is
attached to this my affidavit and marked Exhibit "L".
16. By letter dated October 30, 1995, the respondent SIRC supplied the applicant
with the Statement of Circumstances made pursuant to s. 19(5) of the Citizenship
Act. A copy of the Statement of Circumstances with covering letter is attached
to this my affidavit and marked Exhibit "M".
17. Some of the written material, audio tapes and videotapes to be relied
upon by the respondent Minister of Citizenship and Immigration and CSIS
to establish these allegations were subsequently disclosed to the applicant.
The materials relied upon by CSIS to establish that the applicant is a threat
to national security include the respondent SIRC's own report, "The
Heritage Front Affair." It also included the criminal and/or deportation
records of Tom and John Metzger, David Irving, Wolfgang Droege, George Burdi,
Terry McAleer, Terry Long, Adam Harris, among others.The index to this material
is attached to this my affidavit and marked Exhibit "N".
18. I have been informed by Derek Lee, M.P. and chairman of the House of
Commons Sub-Committee on National Security that the sub-committee's report
on the Heritage Front affair and the respondent SIRC will be ready procedurally
to be released at the end of March, 1996, if the Sub-Committee is reinstated
with substantially the same membership in the new session of Parliament.
19. The respondent SIRC in its conclusions in the "Heritage Front Affair"
has commended CSIS for its actions in placing a human source in the "extreme
right" and has justified its judgment by stating in its conclusion
that the radical right wing - in which it clearly includes the applicant
- "was and is a threat to the security of Canada."
DATED this 4th day of March, 1996.
Sworn before me at the
Town of Brighton, in the Province
of Ontario, this 4th day of March, 1996.
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