THE MAY 31, 1981 "ANTI-NAZI" RALLY

On May 31, 1981 a massive demonstration by Jewish groups took place in Allan Gardens, Toronto, near Zündel's house on Carlton St. as a direct result of the German raids and the subsequent publicity in the Canadian media alleging that Zündel was spreading "Nazi propaganda" in West Germany from Canada. (This was the case that Zündel subsequently won in Germany.)

The rally had been advertised in the Canadian Jewish News, Canada's Jewish newspaper of record, with the following words: "Neo-Nazism in Canada. Why is Canada the export centre for Nazi propaganda? Why can hatemongers freely spread the lie that there was no Holocaust? Why do war criminals go unpunished? RALLY to protest racism and hatemongering."

The rally was sponsored by the Canadian Jewish Congress and B'nai Brith as well as other smaller Jewish organizations. Although the Jewish Defence League was not listed as a sponsor in advertisements, it was the main presence at the demonstration and turned it into a violent, frenzied mob which attempted to storm Zündel's house. The organizers of the rally from the CJC and B'nai Brith made no attempt to stop them and never distanced themselves publicly from these events. Only the presence of Toronto police prevented a major incident.

Zündel later testified regarding the mob scene:

"...the Jewish Defence League, although a non-sponsoring organization of the rally, took over the rally. [...] ...all these mainstay Jewish organizations had demonstration marshals there who were responsible for the peaceful assembly they had promised the police, and they did not at all restrain these thugs from the Jewish Defence League from almost breaking through the police barriers and constantly making those threats at my place of 'Burn him kill him, shoot him!'......the Jewish Defence League was the one making all these threats right in full view of these mainstay Jewish marshals. Therefore, am I to assume that these 1500 people were all Jewish Defence League members? Why did the marshals not restrain them if they were not, right in the face of the police?" (Postal transcript, p. 532-532)

Fifty police and barricades were required to protect Zündel's house. Members of the Jewish Defence League. Demonstrators carried signs saying "Butchers have no rights. JDL"; "Nazis are nurtured in Canada"; "Never forgotten - Never again." (Postal transcript, p. 404-407) Zündel received bomb threats and death threats before and after the demonstration.

Zündel taped the demonstration and produced a tape entitled "C-120 Zionist Uprising!" which contained voices clearly shouting "Let's storm the place, let's burn it down, let's kill him and everybody in it." (Postal transcript, p. 528)

THE POSTAL BAN - 1981

By letter dated October 27, 1980, Simon Wiesenthal of Austria wrote to Robert Kaplan, then Solicitor General of Canada, demanding that his government take action to stop Zündel from sending his newsletters to Germany. "Naturally I don't have the possibilities you dispose of to stop this anti-jewish propaganda," he wrote, "so I ask you for your help and I am sure you'll employ all means at you (sic) disposal." As a result, Kaplan ordered a Canada-wide police investigation of Zündel's activities.

By letter dated May 4, 1981, an official from Solicitor General Kaplan's department, Mr. Alistair Hensler of the Security Policy Division, filed a complaint with Canada Post with respect to a German language leaflet entitled "Samisdat Kampf Tips" ("Samisdat Tips for the Struggle"), published by Zündel, which had been circulating in the mails in Europe. The leaflet had been provided to the Solicitor General by a "resident in Austria" which it may be surmised was Simon Wiesenthal. (Postal Transcript, p. 12) As a result, a full postal investigation of Zündel and his company was undertaken. Canada Post requested further assistance from the Solicitor General's office but they were unable to provide any further samples of Samisdat's publications. (Postal Transcript, p. 14)

In July of 1981, Sabina Citron of the Canadian Holocaust Remembrance Association (affiliated with the Toronto Zionist Council) complained to the Canada Post Corporation that Zündel was spreading anti-Semitic literature and demanded that Zündel's mailing privileges be revoked. At a later meeting with Canada Post officials, Citron turned over a mailing cover and contents. The mailing cover was addressed to J. Thompson, Post Office Box 1013, Station "B", Downsview, Ontario. The contents was a pamphlet entitled "Backlash: Concerned Parents of German Descent." She also turned over the leaflet "The West, War and Islam" but had no mailing cover. (Postal Transcript, p. 16-17)

On August 17, 1981, Postal Inspector Gordon Holmes visited Zündel at his house and interviewed him about the complaints received from the Solicitor General's department concerning the German language leaflet. Zündel provided Holmes with extensive examples of his writings and tapes and showed him photographs of the massive May demonstration in front of his home. He told Holmes that he was engaged in a campaign of mailing out his side of the story. (Postal transcript, p. 79-82) Holmes' report to Canada Post would state that Zündel was most co-operative and freely supplied copies of his books and writings. (Postal Transcript, p. 45)

On September 25, 1981, a meeting was held between Canada Post and Mrs. Citron and a professor which Mrs. Citron had brought with her, Professor Ravault. (Postal Transcript, p. 16-17) The Supervisor of Illegal Mails, a Mr. Zwicker, testified that "We just wanted to discuss the situation at hand to see that the evidence we had would warrant reasonable grounds for the Postmaster General or the Minister responsible to issue a prohibitory order against Samisdat Publishers Ltd." (Postal Transcript, p. 34)

On October 15, 1981 a meeting took place between Canada Post, the RCMP, Solicitor General's and External Affairs regarding the Zündel case. (Postal Transcript, p. 18-19)

Legal opinions were received from Legal Services Branch that some of Zündel's writings constituted hatred against Jews. (Postal transcript, p. 20)

On November 13, 1981 an Interim Prohibitory Order was issued against Zündel's publishing company, Samisdat Publishers Ltd., at both its Toronto and Buffalo addresses. The order was issued on the grounds that Zündel's company was using the mails to incite hatred contrary to s. 218.2 (2) of the Criminal Code.

Zündel requested that a Board of Review inquire into the Interim Prohibitory Order in accordance with s. 41(2) of the Canada Post Corporation Act.

The Board of Review hearing was held on February 22, 23 and 24, 1982 and March 11 and 12, 1982. It was one of the longest postal hearings in Canadian history. The sole expert witness testifying for Canada Post, Professor Ravault, had been provided by Sabina Citron the self-avowed enemy of Zündel who was responsible for the postal ban. (Postal Transcript, p. 118) Publications examined during the hearing included the booklet "Did Six Million Really Die?" and the leaflet "The West, War and Islam" both of which were made exhibits.

During the hearing, the Canadian Civil Liberties Association, represented by Toronto lawyer Ian Scott (who was later served as Attorney General of Ontario), intervened on Zündel's behalf and unsuccessfully argued that the hate provisions of the Criminal Code violated the Bill of Rights provisions with respect to freedom of expression. Scott reviewed cases which held that pamphlets critical of the religious beliefs of others but which were not likely to lead to a breach of the peace were not sedition, and argued:

"I put it to you that in the same way, on the basis of that principle, a pamphlet or book here, which it is not alleged incites genocide or which is not alleged is likely to lead to violence, cannot be a breach of the criminal law." (Postal transcript, p. 108)

Zündel testified in his own defence at the hearing at which the Canadian Holocaust Remembrance Association was given full rights of cross-examination almost like a co-prosecutor. It was represented by two lawyers with Sabina Citron sitting next to them directing the questioning of Zündel for hours. During the hearing Zündel described the use that Samisdat made of the mails:

Q - Now, can you tell me what use Samisdat makes of the Canadian mails?

A - Again, use of the Canadian mails grew helter skelter. At first it was strictly and chiefly selling, the direct mail selling of these books. Then I realized from correspondence and from requests and inquiries there was a market for tapes, like marching songs and things like these. I purchased these tapes in the United States, from the Library of Congress, from England and Germany, master tapes, and I sell duplicate tapes; and that turned out to be a very lucrative business. Later on it expanded into informational mailings, whereas at first it was strictly advertising and commercial. So many questions were asked of me that I was writing myself ragged. It is true that I had some friends helping me, but we were just inundated so I decided to make informational mailings which said essentially the same thing to two hundred or three hundred inquires. I understand that most writers have this problem.

Q - Now, could you tell me, do these informational mailings all fall into the same category, or are there different receivers for these different mailings.?

A - Oh yes. You can classify them in groups and sub-groups. There is still the commercial aspect to it by people who read newspaper advertising for radio shows and things like that; they want to buy the books and the tapes and I mail those through the Canadian mails. Then because of a circle of friends which has developed around Samisdat, we publish informational mailings to members of the media on [anti-German] stereo-typing, for instance, unfair films. things that interest the public. We tried to get access to the public media but couldn't, so we used the medium of informational mailings to members of Parliament, senators, judges, lawyers, media people, all radio stations and TV stations, sometimes all Catholic priests in the province of Quebec, for instance, on specific topics. We have made mailings to Jewish leaders, for instance, in appealing for understanding and stuff like this." (Postal transcript, p. 295-7)

Zündel testified concerning the role he believed Samisdat played in combatting the negative stereotyping of the German ethnic group:

"I believe that being a member of the German ethnic group we have been victims of negative stereotyping. So I am a living stereotype...Unfortunately because Germany has been involved in two World Wars in this past century and both times lost, we have been tarred with the brush of being all evil things to all men." (Postal Transcript, p. 298)

Asked if he had personal experiences of such stereotyping, Zündel replied:

"As I said before, they come in the form of anonymous phone calls, death threats, bomb threats on the telephone. They come in the form of letters, anonymous letters, eggs, stones thrown at my building. They come in the form of business boycotts, and of course they come in libelous statements where you are called as a firm, in print and in the media, and in speeches by all who wish to, all manner of names, anything from 'Fascist' to 'Nazi pig,' 'German bastard' and other four-letter words." (Postal transcript, p. 345)

During the hearing he testified:

Q - Do you know, Mr. Zündel, of anyone in any place who has ever taken any violent or legal action against Jews, whatever that word may be found to mean, as a result of your writings?

A - No, not as a result of my writings.

Q - What would you do if you discovered that such violent action had been taken?

A - I would be horrified, and I would certainly instantly re-examine what I have said and never do it again.

Q - Does Samisdat publish and deal in books by Jewish authors?

A - Yes.

Q - Does Samisdat have any lines of communications with Jewish - again whatever that my mean - people?

A - Certainly. Most definitely. Some of my best collaborators are Jewish intellectuals.

Q - Now, could you advise the Board if you have made any attempts to bridge what the Board may or may not find to be a gap between that group which may loosely be categorized as Jews, subject to the determination of the Board on that point, and that category of persons who may loosely be classified as Germans, whatever the Board may determine that to mean?

A - Mr. Chairman and members of this review Board, I have done for most of my adult life exactly that. I have contacted Jewish organizations, and I have a letter from the Canadian Jewish Congress in response to one of my letters as far back as 1969. I have been trying to get to grips with the problems that we have discussed today and some of the material contained therein, for most of my adult life, and I have numerous letters here which I can submit to this Board if the Board is interested and finds it important: to Mr. Kayfetz, to Mr. Cotler, the President of the Canadian Jewish Congress at this time, to Morton Shulman, Barbara Frum, asking people who we know in the community as Jewish - media people, religious people, political leaders - to sit down and discuss the grievances which they seem to have against my work and the grievances which I have because of the stereotyping and some of the programs on the air, and so on, in Toronto. Unfortunately, from the Jewish community there has not been much response. However, the man in charge of the Metropolitan Toronto Police Race Relations Squad, Sgt. Pearson, undertook from me in the summer of last year, with his staff, to see if we could get together with some Jewish community leaders and iron out some of these differences and maybe to calm the situation. He did visit them. He reported back to me on it. He said that they had promised to him in a meeting that there would be no more demonstrations like the one that you have seen photos of. They also went to see the Jewish Defence League, the man in charge of the Jewish Defence League, and had a good talking to him because...[objection by counsel for Canadian Holocaust Remembrance Association].. Mr. Chairman, it was not only Sgt. Pearson who was present but two other police officers of the Race Relations Squad. One, Sgt. Andrews from Station 51 in Toronto, which is my precinct area, and the overall head of Race Relations in Toronto, and because of his intercession the Jewish Defence League did stop calling me and making death threats and stuff like this. So there was some visible success there, and there have been really no problems outside the complaint which was sent to the Post Office by Mrs. Citron and the Holocaust Commission.

Q - Mr. Zündel, do you have any examples of, or perhaps you can tell us whether you have made any attempts, you or Samisdat, to bring your complaints with respect to stereotyping to the attention of authorities? You have mentioned, I believe, some.

A - Yes. Mr. Chairman and members of the Commission, I have again done this for many years through the normal channels that a normal person living in Canada would do, by correspondence with Members of Parliament, government ministries, the Board of Broadcast Governors in the olden days, the Canadian Radio-Television and so on, letters to the editor, to get relief - school boards. I and my friends at Samisdat, we have done that. I have correspondence here with Members of Parliament."

(Postal Transcript, p. 413-416)

During cross-examination by Canada Post's lawyer, Zündel testified that he advertised for sale audio tapes of speeches by Hitler, the songs of the blackshirt and brownshirt storm troopers, battle songs and marches of the Third Reich and books such as "Did Six Million Really Die?" and "The Six Million Swindle." The songs on the tapes were played with their original music and words, unadulterated by the negative commentary usually found on tapes of German military music from the war.

When the government lawyer expressed doubt that Zündel had any Jewish collaborators, Zündel pointed to his advertisements which were in evidence which showed a tape being offered for sale by Benjamin Freedman entitled "German-Jewish Dialogue." Zündel testified he had known Freedman for almost 15 years and had interviewed him on many occasions. Freedman had given him permission to sell the tape. Other Jewish individuals whom Zündel had interviewed and tapes of which were being sold by Zündel were Haviv Schieber, the former mayor of Beer Sheba in Israel, and Professor Dommerque of the Sorbonne University in France. (Postal transcript, p. 458-461) Zündel testified that he had gone to a forum held in Toronto that spring called "Jewish Alternatives to Zionism - A Public Meeting" and met with participants such as Rabbi Elmer Berger, Abie Weisfeld and Professor Israel Shahak, president of an Israeli human rights organization. (Postal transcript, p. 462)

Zündel was asked if he had any Canadian Jews who were collaborators:

"Privately, but they are scared out of their wits to come out in public." (Postal transcript, p. 461)

Zündel gave evidence that he had received a letter from a "J. Thompson" requesting information about Germany during World War II with a mailing address of P.O. Box 1013, Station "B", Downsview, Ontario. It was the mailing to this individual that Sabina Citron had turned over to Canada Post officials. Zündel testified that this was the address of the Jewish Defence League as shown on their advertisements in the Canadian Jewish News. In an ad published on February 25, 1982, the JDL stated: "What the JDL has done for you: Lobbied to legally terminate mailing rights of a major Nazi propagandist distributing hate literature in Toronto." (Postal transcript, p. 471)

Zündel testified that the JDL was a violent and militant organization that sanctioned the use of violence to achieve its aims. He introduced numerous articles to the hearing in which the JDL was shown in militia-type training with semi-automatic rifles and other weapons for the purpose of fighting "anti-semitism." (Postal transcript, p. 387-90) An article by Mark Bonokoski in the Toronto Sun headlined "Zionist fanatics stalk hated enemy" quoted a member of the Jewish Defence League in Toronto saying: "There is no shame in killing for Israel." (Toronto Sun, March 15, 1978) A later article in the Toronto Star reported under the headline "Militant Jews take up arms" that members of the JDL were "arming themselves and are learning to shoot" on a farm 30 miles outside of Toronto because, a JDL member was quoted, "if the time comes when we have to use guns, we'll know how." (Toronto Star, April 29, 1981)

In its report to the Minister dated October 18, 1982, the Board recommended the revocation of the Minister's order suspending Zündel's mailing rights. In its reasons the Board stated:

"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 committed.

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.

(...) In coming to this conclusion, the Board was influenced by the following:

(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 public.

Continue . . .