To: kmcvay@nizkor.org
Subject: Zundel
Dear Mr. McVay,
My name is Barbara Kulaszka.
I am one of Ernst Zundel's lawyers.
As you probably know, two complaints have been laid
against Mr. Zundel
under the Canadian Human Rights Act alleging that he is
sending out hate
messages on the Internet.
We have commenced an
application for judicial review of
the decision of
the Commission to send the matter to a Human Rights
Tribunal. One of the
grounds of this application is a constitutional challenge to
section 13
of the Act ("hate messages") on the basis that the
Internet is a medium
which is interactive and participatory and allows for
falsehood to be
rebutted easily and effectively.
Could you provide us with an affidavit in support of this
application?
Your affidavit would set out who you are, what work you have
undertaken
with Nizkor, your relations with the Zundelsite, and your
experience in
using the Internet to refute what you believe are
falsehoods, etc.
The purpose of the affidavit? To show the court that the
best way to
fight ideas is with other ideas, not with censorship or
jail.
Would you be willing to give such an affidavit?
Do you believe that section 13 of the Canadian Human
Rights Act is
unconstitutional as a violation of freedom of speech on the
Internet?
You must truly believe this first or you cannot really give
us an
affidavit. Secondly, you must be able to give us an
affidavit that
provides the court with the information it needs to make
this
determination and the reasons why the section should be
found
unconstitutional.
Could you let me know if you are willing to do so? You
can contact me be
e-mail or by telephone at 613-475-3150. If I/m not in just
leave a
message and a number where I can reach you.
Yours truly,
Barbara Kulaszka
