The Heritage Front
A report to the Solicitor General of Canada
December 9th, 1995
X. THE SOURCE, BRISTOW AND THE LEGAL PROCESS
In this section, we examine allegations pertaining to the Source's and Grant
Bristow's involvement in various legal processes. We also look specifically
at information provided by a Source or otherwise obtained by CSIS, that
might be considered to fall under the rubric solicitor-client privilege.
10.1 Zundel's Legal Plans
In early February 1992, the Source told a Toronto Investigator of a discussion
with Zundel concerning a "Toronto Star" article on the
"Anniversary of the Wannsee Conference". In the Wannsee
Conference in January 1942, the Germans approved the "Final Solution".
According to the Source, Zundel was interested in having Droege lay a private
prosecution against the paper and reporter for spreading false news. Zundel
had already had discussions with Doug Christie to find out about all the
ramifications of such an action. Zundel felt that if he pursued the prosecution,
he would be in violation of his "gag order".
This information was not passed to anyone outside CSIS.
10.2 A Discussion about David Irving
David Irving is a British writer who denies that the holocaust ever happened,
and who has visited and lectured in Canada a number of times. During a November
1992 visit, the Government undertook deportation procedures. According to
a CSIS assessment, Doug Christie advised that although Zundel had returned
to Toronto to assist, Irving requested that he (Zundel) not appear directly
connected to him. Apparently, Zundel agreed to this request as Doug Christie
had advised that such a connection would not help if Irving challenged the
Canadian Immigration position. The Source further learned that Christie
had told Irving to hold a press conference to tell people that he had left
Canada after receiving his departure notice by travelling from Vancouver
to Seattle. In effect he had violated his departure notice and was challenging
the Canadian government to act. Christie strongly denies giving such advice
to his client.
The information was obtained prior to the Deportation hearing. Doug Christie
was Irving's counsel, and Irving did, indeed, use the defence of his having
left Canada and then returned. The information, however, does not appear
to have been forwarded by CSIS to anyone. The information is not identified
as having been forwarded to anyone outside CSIS.
10.3 Doan Discusses Legal Strategy
On June 24, 1993, the Source learned that Droege had discussed with his
lawyer, Harry Doan, how to avoid bail restrictions which forbade him to
have any contact with Heritage Front members. The Committee learned that
the lawyer Harry Doan had suggested that all the members of the HF resign
their membership. This would allow Droege to have contact with his associates
and not be in contravention of his bail release conditions.
Doan categorically denies having made such a suggestion, and added that
he has never given any advice to clients on how to evade a court order.
He said that his involvement with the group was limited to legal work.
Before the Committee, Wolfgang Droege noted, "Right now, you see,
to get around my bail conditions, actually there is no actual membership.
There is no membership, you see, right now what we are doing is we are only
running a group of supporters".
There is no evidence that this information was passed to anyone by CSIS.
10.4 Defence Creativity
The Review Committee learned that Fischer's lawyer, Harry Doan, will use
the Defence that ... [possible infringement of solicitor/client privilege].
We have also learned that the information was not provided to anyone other
than the Review Committee.
10.5 Solicitor-Client Communications
We discussed any possible infringement of solicitor-client privilege with
the source handler. The Source considered that some conversations were not
solicitor-client information, and brought them to the handler. He, in turn,
decided if the information was threat-related and thus whether the information
would be reported. He added that no solicitor-client information was ever
reported to anyone else; not to the police, and not to the prosecution.
In effect, the handler was a screening control similar to that used by CSIS
for the screening of Court-approved intercepts.
We saw no other references to conversations possibly covered by solicitor-client
1 The "Record Tracking" section is blank. Messages when forwarded
to domestic departments, agencies, or police forces, are tracked.
2 pp. 119-120, Testimony before the Committee, November 16, 1994
3 (Deletion of text by SIRC).
4 SIRC Interview of Handler.
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