Complaint to crtc, Dutton Alan

Western Jewish Bulletin, May 24, 1996 (9)

AM 1040 faces CRTC probe
Complaints of airwave racism are now under formal examination

Roberta Staley, Staff Reporter

Canada’s broadcasting watchdog is probing complaints that
Vancouver radio station CKST AM 1040 is broadcasting hate

“We’re analyzing the complaint and the response,” Canadian
Radio-Television and Telecommunications Commission (CRTC)
senior officer Michelle Edge said. “At this point I can’t give
you an indication of what aspects we’re going to be looking at
or what stages we’re going to be going through.” Ms. Edge also
couldn’t say when the investigation by the broadcasting
regulator would finish.

The CRTC received formal complaints in April from Alan Dutton,
executive director of the Canadian Anti-racism Education and
Research Society, and Richmond’s David Pearlman that CKST
provided a forum March 18 for anti-semitism.

The show, _Nightline B.C._ with host Charles Maclean, featured
guests David Irving from England and Canadian Jewish Congress
national spokesman Bernie Farber. Mr. Irving, a British author
and Holocaust revisionist, was convicted in Germany of
“slandering the memory of the dead” by preaching that the
Auschwitz gas chambers were a hoax. He has been banned from
entering Canada.

In documents obtained by the _Bulletin_, Mr. Dutton formally
complains to the CRTC that “Mr. Irving is a self-confessed
‘moderate fascist’ who has made a living by, among other
things, denying the Holocaust.” Mr. Pearlman formally
complains that “this program and station has fomented hatred
against Jews upon the basis of free speech.”

The station airing _Nightline B.C._, Radio One Broadcasting
Corp., is suing the _Bulletin_ and Mr. Dutton for libel in
relation to the paper’s issues of April 5 (“Hatred on the
airwaves?”) and 12 (“Radio station in hot seat”) which
reported on the complaints. The paper also published a letter
from William Nichols of Vancouver (JB March 29, “Freedom to
spew hate”) complaining about the program. Ms. Edge said the
suit will not affect the CRTC probe.

As a first step, the CRTC asked the radio station to respond
in writing to the complaints put forward by Messrs. Dutton and
Pearlman. Programming director Terry Bell responded: “AM 1040
rejects categorically the entire allegation contained in these
complaints. They are both without merit and I am left
wondering why they were made at all.”

The ball is now in two courts, said Ms. Edge. “If one of the
complaintants was to not find the response satisfactory, it
would be most critical for them to let us know about that in
writing.” Mr. Dutton has told this paper that he will be
writing the CRTC to say the response is insufficient and does
“not address the issues that we raised.”

In response to Mr. Dutton’s original letter of complaint, CRTC
acting director Marguerite Vogel states that Canada’s 1986
Radio Regulations note that it is an offence to broadcast any
abusive material that, when taken in context, tends or is
likely to expose an individual, group or class to hatred or
contempt based upon race, religion, sex, age, or disabilities.
“The CRTC is of the view that any such remarks should not be
broadcast in the first place, and are not capable of being
balanced by comments made in another program aired by the

Ms. Edge said the CRTC will review the case to see whether
there has been a breach of the regulations, whether the
complaint has been addressed and if further action is
required. “A possibility may always exist that a licensee may
not have addressed the complaint to our satisfaction,” she

The CRTC has the power to warn, lay fines or pull broadcasting
licenses if it finds a station contravenes the [sic]
roadcasting and telecommunications regulator’s guidelines.

“At this point I can’t say what we’re going to do. We haven’t
had an opportunity to read it through in great detail,” said
Ms. Edge.

Mr. Dutton has also criticized a March 22 broadcast with guest
Paul Fromm of Toronto. Mr. Frommis a founder of Citizens for
Foreign Aid Reform, an advocate of severe restrictions on
minority immigration. He has spoken at a neo-Nazi Heritage
Front rally.