The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: people/z/zundel.ernst/reply-to-hrc.19970414

   smzundel Given the repressive Canadian government that penalizes free
   expression of politically incorrect ideas and opinions as "hate crime"
   at the behest of special interest groups, I need to claim protection.
   With _precedents _set guaranteeing free speech, I am posting this
   fictionalized account of the basic Revisionist arguments below:
   Mr. Zündel has received the letter of the Canadian Human Rights
   Commission dated October 14, 1996 in which it is stated that an
   investigator has recommended that the complaints laid against him by
   Ms. Sabina Citron and the Mayor's Committee on Community and Race
   Relations be referred to a human rights tribunal. Mr. Zündel submits
   that both complaints should be rejected by the Canadian Human Rights
   Commission for the following reasons:
   _1. Abuse of process and vexatious, bad faith proceedings:_
   Under s. 41(b) and (d) of the _Canadian Human Rights Act, _the
   complaints are vexatious and made in bad faith and, further, concern
   matters which have been dealt with for over 16 years under other Acts
   of Parliament, namely the _Canada Post Corporation Act _and the
   _Criminal Code. _All of these proceedings concerned the opinions of
   Mr. Zündel on the history of German-Jewish relations during World War
   II as represented in the booklet "Did Six Million Really Die?." These
   proceedings were:
   _(a) Canada Post_
   In 1982, a Board of Review constituted under the Canada Post
   Corporation Act held hearings to determine whether Mr. Zündel was
   using the mails to publish hate literature. The booklet "Did Six
   Million Really Die?" was put in evidence before the Board of Review
   along with other exhibits. The proceedings resulted from a complaint
   laid by Sabina Citron, the same person who is one of the complainants
   in this case. The Board of Review held that Mr. Zündel's opinions did
   not amount to the promotion of hatred and recommended the restoration
   of his postal privileges, which by that time had been suspended for
   one year. The recommendation was accepted by the Minister responsible
   for Canada Post and mailing privileges were restored to Mr. Zündel.
   The Board of Review held in its ruling of October 18, 1982 as follows:
     _"While the Board finds that Mr. Zündel's writings are in bad taste
     and no doubt offensive to some, the Board is not satisfied that it
     has been established that this material amounts to the promotion of
     hatred contrary to Section 281.2(2) of the Criminal Code;
     consequently the Board need not comment further on the other
     elements of this offence. _The Board is prepared to adopt the
     argument of the Canadian Civil Liberties Association calling for the
     person to be prosecuted if it is thought that an offence has been
     There was much animosity demonstrated at the hearing between the
     "prosecution" and the "defence" to the extent that the proceedings
     were unusually long and arduous and were hindered by numerous
     interruptions, objections and even lack of courtesy between Counsel.
     _The Board believes that what is before it is a much larger problem
     or struggle between two peoples i.e. the Germans and the Jews and is
     reluctant to recommend to the Minister that the interruption of mail
     service should be continued._
     The Board concludes that the Minister was justified in making the
     Interim Prohibitory Order because there was evidence to support the
     Interim Order. This is an appropriate first step in ensuring that
     what can at the outset appear to be offending material can be
     stopped immediately to ensure that effective action can be taken in
     order to protect society and the public at large. However, after
     this initial step is taken the Board feels that only in cases where
     the evidence is overwhelming should the interim order be made final.
     In doubtful cases such as this one the affected parties should be
     given the benefit of he doubt.
     In coming to this conclusion, the Board was influenced by the
     (a) Mr. Zündel or Samisdat has operated openly in Canada for many
     years. This is not what might be called an underground operation.
     (b) The affected parties co-operated with the authorities. In large
     measure the evidence presented at the Board was material made
     available on a voluntary basis.
     (c) Mr. Zündel's activities have been the subject of monitoring by
     both the Metropolitan Toronto Police and the Ontario Provincial
     Police for many years and as reported to the Board no action has
     been taken to prosecute him.
     (d) The material produced by Zündel is not distributed at large.
     There is a mailing list. Material is available for those who wish to
     receive it.
     (e) There have been very few complaints emanating from the general
   A copy of this decision is attached for your information.
   _(b) "False News" Charges under the Criminal Code_
   After failing in the postal proceedings to silence Mr. Zündel, Ms.
   Sabina Citron laid private criminal charges against Mr. Zündel in 1983
   alleging that he had spread "false news" in the pamphlets "Did Six
   Million Really Die?" and "The West, War and Islam." The charges were
   taken over by the Crown and resulted in two lengthy criminal trials in
   1985 and 1988. Mr. Zündel was acquitted with respect to the pamphlet
   "The West, War and Islam" at his first trial in 1985. He was acquitted
   with respect to the booklet "Did Six Million Really Die?" in 1992 by
   the Supreme Court of Canada which held that the "false news" offence
   was an unconstitutional violation of Mr. Zündel's right to freedom of
   thought and expression. The headnote of the Supreme Court decision
   summarized the decision as follows:
     "Section 2(b) of the Charter protects the right of a minority to
     express its view, however unpopular it may be. All communications
     which convey or attempt to convey meaning are protected by s. 2(b),
     unless the physical form by which the communication is made (for
     example, a violent act) excludes protection. The content of the
     communication is irrelevant. The purpose of the guarantee is to
     permit free expression to the end of promoting truth, political or
     social participation, and self-fulfillment. That purpose extents to
     the protection of minority beliefs which the majority regards as
     wrong or false. Section 181, which may subject a person to criminal
     conviction and potential imprisonment because of words he published,
     has undeniably the effect of restricting freedom of expression and,
     therefore, imposes a limit on s. 2(b)."
   _(c) Attempts to have Mr. Zündel charged with promotion of hatred
   under the Criminal Code, s. 319_
   _(i) By Ms. Sabina Citron:_
   Ms. Citron and her association, the Canadian Holocaust Remembrance
   Association, commenced attempts to have Mr. Zündel charged with
   publishing hate literature under the _Criminal Code_ in the early
   1980s. Then Attorney General of Ontario, Roy McMurtry, refused to lay
   hate charges against Mr. Zündel. Ms. Citron continued her attempts to
   have Mr. Zündel criminally charged with "hate" over a period of 16
   years. She has failed each time.
   In 1987, Ms. Citron laid another private criminal charge against Mr.
   Zündel, charging him with spreading "false news" on a CBC radio talk
   show in which he again spoke his views on the history of German
   treatment of the Jews during World War II. The charges were withdrawn
   by the Crown on the grounds that his comments were opinion not falling
   within the purview of the false news section.
   Frustrated by her continuing failure to silence Mr. Zündel, Ms. Citron
   laid a private criminal charge against Mr. Zündel in November of 1995
   charging him with conspiracy to defame named Jewish individuals and
   conspiracy to incite hatred against Jews. The complaints again dealt
   with Mr. Zündel's opinions on World War II history. On March 15, 1996,
   after an intensive four month investigation by Police Hate Crime
   investigators and senior Crown Counsel of the Ministry of the Attorney
   General, the information was withdrawn on the grounds that there was
   insufficient evidence to prove any of the charges. As noted by the
   Crown Attorney who withdrew the charges, "Crown Law officers involved
   in the review of this material have an expertise in analyzing material
   characterized as hate literature pursuant to s. 319 of the Criminal
   Ms. Citron was outraged and vowed publicly in statements to the press
   to go after Mr. Zündel in the civil courts. She immediately commenced
   a civil action against Mr. Zündel for defamation for statements on the
   Internet. Mr. Zündel counterclaimed with a malicious prosecution suit
   against Ms. Citron for her actions.
   Ms. Citron's behaviour over the years has been characterized by a
   relentless, almost pathological, judicial stalking of Mr. Zündel in an
   obvious attempt to deny him his constitutionally protected freedom of
   speech and human rights guaranteed to him under the _Canadian Charter
   of Rights and Freedoms _and the _Universal Declaration of Human
   Rights. _She has made no attempt to use her considerable energies and
   financial resources to rebut Mr. Zündel in civil and reasonable debate
   notwithstanding his many offers to the Jewish community for such
   dialogue. This complaint to the Canadian Human Rights Commission is
   but the latest attack on Mr. Zündel by Ms. Citron in her attempts to
   silence him and destroy his reputation and livelihood as a writer,
   broadcaster and publisher.
   _(ii) By the Mayor's Committee on Community and Race Relations:_
   The Toronto Mayor's Committee has for the past several years conducted
   a lobbying campaign, both public and behind the scenes, to have Mr.
   Zündel "dealt with" in its words. It has written various government
   officials demanding that Mr. Zündel be charged with "hate", that tax
   audits be instituted against him and his companies, that his postal
   privileges be revoked, that his application for Canadian citizenship
   be denied and that he be deported. The complaint to the Canadian Human
   Rights Commission by the Mayor's Committee is only the latest act of
   an ideologically-driven organization which detests Mr. Zündel's
   opinions and wishes to deny him his constitutional rights by any
   means. The fact that police and Crown officials expert in hate
   literature have investigated Mr. Zündel numerous times and found his
   publications to be legal only seems to spur the Mayor's Committee on
   all the more as this latest complaint to the Canadian Human Rights
   Commissions shows.
   Attached for your information is the letter of Janice Dembo,
   Coordinator of the Toronto Mayor's Committee to Attorney General
   Marion Boyd of January 3, 1995; the letter of Mayor June Rowlands,
   chair of the committee, to Attorney General Marion Boyd of May 11,
   1993; and press clipping of September 11, 1992 in the Globe & Mail in
   which Janice Dembo is quoted as calling again for Mr. Zündel to be
   charged. The Attorney General, notwithstanding extreme political
   pressure by Jewish organizations (by demonstrations, sit-ins at the
   Attorney General's office, petitions and letter-writing campaigns) and
   the lobbying by the Mayor's Committee, refused to charge Mr. Zündel.
   Mr. Zündel wrote on March 19. 1995 to Toronto Mayor Barbara Hall, who
   heads the committee, after learning of its attempts to have him
   re-charged and requested that she contact him. Neither Mayor Hall nor
   the Mayor's Committee ever took Mr. Zündel up on his offer of
   dialogue. A copy of Mr. Zündel's letter is attached for your
   The present complaint to the Canadian Human Rights Commission was
   instigated at the Mayor's Committee by Marvin Kurz, a lawyer for the
   League for Human Rights of B'nai Brith Canada. B'nai Brith is an
   organization which has called numerous times for Mr. Zündel to be
   charged criminally under the hate laws, without success. It supported
   the prosecution of Mr. Zündel under the false news law and intervened
   before the Supreme Court of Canada in the Zündel case to try to uphold
   the constitutionality of that law (which was ultimately struck down by
   the Supreme Court of Canada as an unconstitutional violation of
   freedom of thought and expression.). It was Mr. Kurz in fact who
   appeared in the Supreme Court of Canada to argue the case for B'nai
   Brith against Mr. Zündel. It would seem that B'nai Brith is now using
   the Mayor's Committee to push its own censorious agenda, an agenda
   which the Mayor's Committee has endorsed to the detriment of
   German-Canadians such as Mr. Zündel.
   Mr. Zündel, despite 16 years of complaints by Sabina Citron and Jewish
   organizations and the resulting almost continuous monitoring and
   investigation of his writings by the Royal Canadian Mounted Police,
   the Ontario Provincial Police Hate Crimes Unit, Crown specialists in
   hate literature and Metro Toronto Police and two lengthy trials, has
   never been charged with promoting hatred. The Mayor's Committee
   refuses to accept and respect the right of Mr. Zündel to express his
   opinions, however, and is now attempting to abuse the process of the
   _Canadian Human Rights Act _to further harass and persecute Mr. Zündel
   because they don't like his opinions.
   _(iii) By the Canadian Jewish Congress_
   The Canadian Human Rights Commission should note that in September of
   1992, days after his acquittal, a complaint was laid against Mr.
   Zündel by the Canadian Jewish Congress which again concerned Mr.
   Zündel's revisionist opinions on World War II history and which
   alleged that Mr. Zündel was inciting hatred against Jews. After yet
   another intensive six month investigation by a special unit consisting
   of hate crimes specialists with the Metro Police, the OPP and the RCMP
   and consultation with Ontario Crown specialists in the Attorney
   General's office, the decision was made that no charges would be laid
   against Mr. Zündel. R. E. Matthews, Detective Staff Sergeant of the
   OPP Hate Literature Section, wrote to the Canadian Jewish Congress as
     "Based upon the legal advice and the results of the investigation,
     it has been determined that the statements made by Mr. Zündel on
     that date do not constitute a offence contrary to Section 319(2) of
     the Criminal Code."
   A copy of Sgt. Matthews letter is attached for your information.
   Spokesmen for Jewish organizations were once again outraged and
   demanded more investigations into Mr. Zündel's publications. No
   further formal complaints have ever been laid, however, by the
   Canadian Jewish Congress.
   _2. Jurisdiction:_
   Mr. Zündel repeats his submission to the Canadian Human Rights
   Commission that the Zündelsite is controlled by the laws of the United
   States where it is located. The Canadian Parliament and the Canadian
   Human Rights Commission have no jurisdiction over the contents of
   telecommunications which originate outside of Canada on the Internet.
   Secondly, section 13 of the _Canadian Human Rights Act _was never
   meant or conceived to control an interactive, participatory medium
   such as the global Internet. It was passed to control taped telephone
   messages such as those of John Ross Taylor and the Western Guard in
   the 1970s. A person could dial the number and listen to a pre-recorded
   taped message. The message was repeated every time a person dialed the
   number. The constitutionality of section 13 was upheld partly because
   there was no means of countering what was being said on the taped
   messages. (_CHRC v. Taylor _(1990), 75 DLR (4th) 577 at 607 (SCC), per
   Dickson CJC.)
   The Internet, however, represents a technical revolution in which
   those accessing the Zündelsite can send e-mail to the site protesting
   or commenting on its contents, demanding changes etc. These criticisms
   are evaluated at the Zündelsite and form the basis for editorial
   response. Those who disagree with the site can set up their own Web
   page and point out the inaccuracies of the Zündelsite for readers.
   The Zündelsite is linked to Nizkor, one of the largest Websites in the
   world dedicated to the memory of Jews who died during World War II and
   to rebutting what it believes is the misinformation of the
   revisionists such as Mr. Zündel. The importance of this linkage to
   Nizkor must be underlined for the Canadian Human Rights Commission.
   _Anyone accessing the Zündelsite is directed to Nizkor at the end of
   each document with the words "Now you have a choice. We do not
   recruit; we convince. Truth has no need of coercion. We invite your
   support and submissions. For relentless Holocaust promotion, on the
   other hand, contact Nizkor." The visitor to the site need only click
   on the word "Nizkor" and he or she will be transferred instantaneously
   to the Nizkor Website where Nizkor attempts to rebut virtually every
   claim and statement made on the Zündelsite by reference to its own
   experts and documents._
   As of a week ago, the Zündelsite is also linked to the Simon
   Wiesenthal Centre Website. The centre made no reply to a written offer
   by Mr. Zündel for reciprocal linkage.
   The Internet is an interactive and participatory digital process which
   bears no resemblance to the taped telephone messages of Mr. Taylor in
   The Canadian Human Rights Commission would do well to consider its
   role in this new, revolutionary and fundamentally different medium in
   light of the requirements of the _Canadian Charter of Rights and
   Freedoms _before it gets manipulated into an ill-advised censorship
   role for which it has no mandate from Parliament. The Internet is not
   a telephone or a telephone system. It is a medium where, in the
   privacy of one's home, one may interact with people globally on
   virtually any topic. The United States District Court, in the recent
   landmark case of the _ACLU v. Reno et al., _June 11, 1996, struck down
   the attempt of the U.S. government to censor the Internet in the
   _Communications Decency Act of 1996_. The Court stated:
     "...the Internet may fairly be regarded as a never-ending worldwide
     conversation. The Government may not, through the CDA, interrupt
     that conversation. As the most participatory form of mass speech yet
     developed, the Internet deserves the highest protection from
     governmental intrusion."
   Article 19 of the _Universal Declaration of Human Rights , _to which
   Canada is a signatory, provides:
     "Everyone has the right to freedom of opinion and expression; this
     right includes freedom to hold opinions without interference and to
     seek, receive and impart information and ideas through any media and
     regardless of frontiers."
   Article 30 of the Declaration provides:
     "Nothing in this Declaration may be interpreted as implying for any
     State, group or person any right to engage in any activity or to
     perform any act aimed at the destruction of any of the rights and
     freedoms set forth herein."
   The Government of Canada and its agencies, including the Canadian
   Human Rights Commission, and the complainants themselves are violating
   the right to the exchange of information on the Internet guaranteed by
   the _Universal Declaration of Human Rights._
   _3. Bias:_
   In dealing with any complaint against Mr. Zündel, it is evident that
   the Canadian Human Rights Commission has raised a reasonable
   apprehension of bias against him by its own internal memos prejudging
   Mr. Zündel's views as "hate" and by its failure to research both sides
   of the controversy concerning the revision of World War II history.
   The memos include one dated July 24, 1995 by Director of Policy and
   Planning Harvey Goldberg, to M. Yalden and others concerning Mr.
   Zündel's Website "Voice of Freedom" which Mr. Goldberg describes as
   "hatred." In another memo dated November 30, 1994, Mr. Goldberg gives
   his opinion that what he terms "denial of the Holocaust" is hatred
   within the meaning of section 13 of the Act. He stated: "As such, it
   is my view the material is inherently anti-Semitic. It is intended to
   foment hatred and contempt against the Jewish victims of Nazi
   persecution and against all Jews who maintain that the Holocaust is an
   historical fact."
   While the Canadian Human Rights Commission has been in the past and
   continues to be in contact with the Website Nizkor and its founder Ken
   McVay, it is painfully clear that it has made no similar effort to
   contact revisionists such as Mr. Zündel to gain understanding of the
   writings of revisionist scholars, researchers and writers.
   It appears that the Canadian Human Rights Commission itself has
   already decided this matter. Revisionism is "hatred" and Mr. Zündel is
   "anti-Semitic." The Canadian Human Rights Commission should therefore
   not deal with a complaint which it has clearly shown it is incapable
   of handling impartially and fairly.
   _Continue to Part B . . . _
   Comments? E-Mail: _
   [INLINE] _Now you have a _choice. We do not recruit; we convince.
   Truth has no need of coercion. We invite your support and submissions.
   If you approve of our outreach on behalf of truth in history and can
   afford to help us, please send your donations to:
   _The Zündel-Haus
   206 Carlton Street
   Toronto, ONT
   Canada M5A 2L1
   Tel: 416 - 922-9850
   As a public service, we alert our readers to other major websites
   posting related materials in support of Historical Revisionism. A
   suggestion to surf other sites is not to be interpreted as an
   endorsement of documents placed on these sites.
               o Adelaide Institute
               o _CODOH International_
               o _Institute for Historical Review _
               o Arthur Butz
   _For relentless Holocaust promotion, on the other hand, contact
   For another Jewish point of view, contact the Simon Wiesenthal Center
   (tm) _
  _Go to Table of Contents Back to Homepage_

Home ·  Site Map ·  What's New? ·  Search Nizkor

© The Nizkor Project, 1991-2012

This site is intended for educational purposes to teach about the Holocaust and to combat hatred. Any statements or excerpts found on this site are for educational purposes only.

As part of these educational purposes, Nizkor may include on this website materials, such as excerpts from the writings of racists and antisemites. Far from approving these writings, Nizkor condemns them and provides them so that its readers can learn the nature and extent of hate and antisemitic discourse. Nizkor urges the readers of these pages to condemn racist and hate speech in all of its forms and manifestations.