JUDGES AND COURTS |
Zündel (Re)
DES-2-03
2003 FC 1484, Blais J.
17/12/03
20 pp.
Motion for order of recusal--Ernst Zündel submitted Motions Judge should recuse himself because as Solicitor General in 1989, Motions Judge Minister responsible for Canadian Security Intelligence Service (CSIS) before Parliament--Mr. Zündel alleged bias in favour of CSIS-- Ministers argued doctrine res judicata applied, since second motion brought for recusal, and none of facts on which based occurred after first motion--Four grounds for dismissing motion for recusal--First, as to doctrine of waiver, if matter of concern to Mr. Zündel, then it should have been raised at start of these hearings, not six months later--In case at bar, Motions Judge's mandate as Solicitor General in 1989 matter of public record, and appeared as public information on Federal Court website and also other public books of reference --Fact applicant in this motion only recently found out of no concern to this Court--Here, no conflict of interest, given time that has passed and complete absence of involvement with CSIS in last 13 years--Second, as to irrelevance, good part of CSIS actions in context of white supremacist movement occurred largely outside time of mandate as Solicitor General--Most of CSIS activities concerning handling of Source within white supremacist movement, reported in Heritage Front Affair Report, occurred after Motions Judge ceased being Solicitor General--Here, hundreds of issues, only fraction of which related to CSIS, brought to attention of Solicitor General on weekly basis-- Motions Judge cannot remember them all, and Motions Judge certainly not remembering Mr. Zündel's case--Security Intelligence Review Committee reports show extreme right movement not matter of pressing concern at time Motions Judge Solicitor General--Third, as to passage of time, Motions Judge had no contact with CSIS in official capacity in 13 years--Whether position held 13 years earlier can affect one's judgment now, as no evidence there was ever any involvement in Zündel case, and CSIS acted largely on its own in those years--Fourth, judiciary presumed impartial, and presumption cannot lightly be set aside--Motions Judge Solicitor General of Canada for year--Motions Judge lawyer for many more years--Having been Minister responsible for CSIS before Parliament not disqualifying Motions Judge forever from hearing case where CSIS plays part--Motions Judge not interested party in this case, and no reason for Motions Judge to favour Crown over respondent--Motions Judge's first and only loyalty embodied in oath of office swore upon becoming Judge of Federal Court--Motion dismissed.