From firstname.lastname@example.org Sun Mar 3 20:01:43 PST 1996 Article: 25972 of alt.revisionism Path: nizkor.almanac.bc.ca!news.island.net!news.bctel.net!news.cyberstore.ca!math.ohio-state.edu!howland.reston.ans.net!vixen.cso.uiuc.edu!newsfeed.internetmci.com!gatech!nntp.netrex.net!news.voyager.net!clmx65.dial.voyager.net!user From: email@example.com (Jamie McCarthy) Newsgroups: alt.fan.ernst-zundel,alt.censorship,alt.revisionism,can.politics,alt.society.civil-liberties Subject: Re: Neo-Nazi spin on upholding of Canadian "hate-speech" law Followup-To: alt.revisionism Date: Sat, 02 Mar 1996 21:22:28 -0500 Organization: Absence Software Lines: 75 Message-ID:
References: NNTP-Posting-Host: vixa.voyager.net Xref: nizkor.almanac.bc.ca alt.fan.ernst-zundel:224 alt.censorship:71987 alt.revisionism:25972 can.politics:33540 alt.society.civil-liberties:6398 Rich, here's the story as I understand it. Zuendel was charged in 1984, tried in 1985, with two counts of violating the "false news" statute, which made it illegal to knowingly publish material that was known to be false. He was acquitted on one count (for the pamphlet "The West, War, and Islam"). He was convicted on the other (for "Did Six Million Really Die?"). Note that the conviction meant that a jury of twelve people unanimously decided not only that Zuendel's material was false, but that he published it _knowing_ that it was false. One may fairly say that Zuendel has been convicted of dishonesty in a court of law. He was sentenced to 15 months in jail, but the trial was nullified due to procedural error and a new trial ordered. That second trial was in 1988. It was a much larger production, a real circus. Same result: conviction on "Did Six Million Really Die?" He appealed the case all the way to the Supreme Court, which struck down the "false news" statute as unconstitutional. This made it legal once again to be dishonest in Canada without fear of legal punishment. Zuendel refers to this as an "acquittal" -- nonsense, all it means is that the Supreme Court has decided that it's legal for him to be a liar. James Keegstra was also charged in 1984, but under a different statute, commonly known as the "anti-hate law." This one's key phrase is "willfully promoting hatred against an identifiable group." I'm pretty sure this is the law that Rimland refers to as "designed to snap around good people's hearts and minds like hand cuffs." So far as I know, the only "good person" charged to date has been James Keegstra. Keegstra was a schoolteacher who was telling his students that Jews were evil and treacherous and so on: Eventually, in open court, Keegstra's former students would read from these notebooks that Jewish people are "out to bury" Christians and secretly planning to build a world where "everyone would be slaves to the Jews." _Ottawa Citizen_, February 29, 1996 I've heard that students who failed to write papers that agreed with Keegstra's unusual notions about Jews were given poor grades, though I can't give a source on that at the moment. I do not know if Keegstra was a public- or private-school teacher. Keegstra was convicted, and appealed to the Supreme Court. The claim in the appeal was that the burden of proof for the veracity of Keegstra's claims should be on the target group (Jews) rather than on Keegstra himself. The Court essentially laughed that off, 9-0, without even needing to hear the Crown's arguments. So his earlier conviction stands. Thus, it is still illegal in Canada to "willfully promote hatred against an identifiable group." It goes without saying that I agree with you, Rich, that this is an unfair and unjust law. While I recognize that Canadian citizens have their own priorities of how they want to run their society, I am glad for the First Amendment protecting my right to free speech. I must say that I would certainly have no problem whatsoever with Keegstra being stripped of his teaching credentials for life; that kind of crap shouldn't be taught to children. But jail time is too harsh, in my opinion. Posted (followups to alt.revisionism); emailed to Rich Graves; Cc'd to people who I hope will fact-check me: Ernst Zuendel, Ken McVay, Hilary Ostrov, and Gordon McFee. -- Jamie McCarthy http://www.absence.prismatix.com/jamie/ firstname.lastname@example.org Co-Webmaster of http://www.almanac.bc.ca/ Unless you specify otherwise, I assume pro-"revisionism" email to be in the public domain. I speak only for myself.
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