IN THE FEDERAL COURT OF CANADA
TRIAL DIVISION
BETWEEN:
ERNST ZÜNDEL
APPLICANT
-AND-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION; and
THE SECURITY INTELLIGENCE REVIEW COMMITTEE
RESPONDENTS
ORIGINATING NOTICE OF MOTION

YOU ARE HEREBY ADVISED that ERNST ZÜNDEL will be making an application to the Court, on a day and at a time and place to be set by the Court, for the purpose of obtaining

(a) an Order prohibiting the respondent Security Intelligence Review Committee from investigating and reporting to the Governor in Council on a report made against the applicant by the Minister of Citizenship and Immigration under s. 19(2)(a) of the Citizenship Act, 1974-75-76, c. 108, s. 1 ; and

(b) an Order quashing the proceedings as a breach of the applicant's rights to freedom of expression and freedom of association under s. 2(b) and (d) of the Canadian Charter of Rights and Freedoms pursuant to Section 24(1) of the Charter of Rights and Freedoms, or alternately, to exclude such evidence as is in breach of Charter sections 2(b) and (d) by application of Section 24(2).

The application is based on the following grounds:

(a) That a reasonable apprehension of bias exists on the part of the respondent Security Intelligence Review Committee arising out of the contents of a report made by the respondent SIRC to the Solicitor General of Canada entitled "The Heritage Front Affair", dated December 9, 1994;

(b) That a reasonable apprehension of bias exists on the part of the respondent Security Intelligence Review Committee because of a conflict of interest between (i) upholding the public credibility of its report "The Heritage Front Affair" and public trust in the respondent's role in overseeing the activities of the Canadian Security Intelligence Service, and, (ii) acting impartially towards the applicant;

(c) That a reasonable apprehension of bias exists on the part of the respondent Security Intelligence Review Committee where the Minister of Citizenship and Immigration seeks to support the report under s. 19(2)(a) of the Citizenship Act, 1974-75-76, c. 108, s. 1 with the respondent SIRC's own report "The Heritage Front Affair,"

(d) That the evidence set out in the Statement of Circumstances summarized from the Minister's report as the alleged basis for the inquiry on its face alleges merely instances of association and expression which any citizen of Canada may freely engage in and which are constitutionally protected forms of behaviour. The allegations and circumstances alleged in support of the report by the Minister constitute a violation on their face of Sections 2(b) (freedom of expression) and Section 2(d) (freedom of association) of the Charter of Rights and Freedoms.

This application will be supported by the following material:

The affidavit of Barbara Kulaszka.

NOTICE TO THE RESPONDENTS:

You are required to take cognizance of the within application for judicial review and make opposition thereto in accordance with its terms and the appropriate provisions of the Rules of this Court.

If you fail to do so, you will be subject to have such judgment given as the Court may think just on the applicant's own showing.

Note: (1) Copies of the Rules of Court, information concerning the local offices of the Court, and other necessary information may be obtained on application to the Registry of this Court at Ottawa (telephone 613-992-4238) or at any local office thereof. (2) This application for judicial review is filed by Douglas H. Christie of Victoria, British Columbia, attorney or solicitor for the within named applicant.

DATED at Victoria, British Columbia, this 5th day of March, 1996.

_____________________________________
Douglas H. Christie,
Counsel for the Applicant

810 Courtney St.,
Victoria, B.C.
V8W 1C4
Phone: (604) 385-1022
Fax: (604) 479-3294

TO:
  THE REGISTRAR OF THE FEDERAL COURT OF CANADA
THE SECURITY INTELLIGENCE REVIEW COMMITTEE
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
THE ATTORNEY GENERAL OF CANADA