November 24, 1997

Good Morning from the Zundelsite:

Doug Collins achieves stunning free speech victory in British Columbia

Contrary to many people's predictions, veteran Canadian journalist and Zündel witness in the 1985 great Holocaust trial, defeated his would-be Jewish censors in an upset victory before the British Columbia Human Rights Commission. The misnamed "Tribunal"s one member, a Ms Nitya Iyer, ruled that Collins had not sinned against political correctness when he took on the Spielberg movie "Schindler's List", calling it "Swindler's List" and criticizing Hollywood for being run by Jews.

According to a North Shore News, November 17, 1997 article titled "Collins column exonerated; but legislation ok'd", the B.C. Human Rights Tribunal delivered its long-awaited verdict on this paper and its feisty, controversial columnist, Doug Collins, versus the Canadian Jewish Congress (CJC).

The judgment was dated November 4, 1997 but only released November 12, 1997. The Tribunal dismissed the complaints against the weekly paper and Collins but, tellingly, ruled that, while the legislation that set the News hearing in motion in the first place, infringes on the paper's and its columnist guarantee of freedom of expression, the complaints against such infringements are justified and constitutionally valid.

It seems that the Tribunal desired to have it both ways-to stay politically correct and in business while evilly eyeing the Canadian Charter of Rights and Freedom's specific section 2(b), which declared the nefarious "False News" statute unconstitutional on 27 August, 1992, and for which the people of Canada still owe a moral and financial debt to none other than yours truly, Ernst Zündel!

This section states expressly that

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 extends to the protection of minority beliefs which the majority regards as wrong or false.

Not that that made a difference to Ms. Iyer or to the Tribunal members of the Canadian Kangaroo Tribunal, now trying to railroad Ernst Zundel!

"Although the publication in issue is likely to make it more acceptable for others to express hatred or contempt against Jewish people because of their race, religion or ancestry, I find that it does not itself express hatred or contempt," stated Iyer, speaking from both corners of her mouth.

Doug Collins is said to have stated that he was surprised, and that he expected the ruling to go against him. Moreover, true to Collins's style, he attributed the verdict to an underhanded motive, according to the North Shore News article.

"The adjudicator (Nitya Iyer) came to the conclusion this (case) would reach the Supreme Court of Canada and when it did, the law would be thrown out," diagnosed Collins. "This way we may not pursue it."

Collins is reported to have ". . . remained defiant and proceeded to defend the contents of his 1994 Hollywood Propaganda column," Similarly, News publisher Peter Speck ". . . refused to stray from the broader issue of the suppression of free speech in B.C."

"Doug Collins is not a Holocaust denier," said Speck. "But we found ourselves defending this over and over."

"I'm delighted we were found not guilty," Speck continued. "However, I'm distressed the legislation has been found valid. The provincial government had the best intentions to fight racism, but the cure is worse than the disease."

The publisher expressed gratitude to his many supporters who contributed financially and with moral support to see this freedom of speech matter through.

"I'm infinitely grateful to the people of the North Shore in our beleaguered times," said Speck. "Cold cash makes warm friends, and I've discovered just how many friends we have on the North Shore."

What will the next move be? According to Speck, it is still up in the air and pending consultation with supporters and co-intervenors in the case: the B.C. Civil Liberties Association and the B.C. Press Council.

"We've laid the groundwork in this matter," stated Speck. "We're going to do something, I just don't know what."

Press Council chairman Robert Yanow also reserved comment on the dismissal of the CJC complaint against the News and Collins, but continued to question the constitutionality of the provincial legislation.

Yanow is quoted as saying:

"We are disappointed that the Tribunal decided this unprecedented censorship law does not violate the Charter of Rights and Freedoms. This law must be tested in the courts, the sooner the better. And when it is, the Press Council will be there to support a constitutional challenge by any of our member newspapers, or by itself on behalf of our more than 125 member newspapers."

Similarly, defense lawyer David Sutherland held back his praise for the partial victory, focusing instead on what it will mean in a broader context. Sutherland is quoted as saying: "We've won the day but winning the day is not the answer. Government is the wrong agency. . . to regulate the press . . . that is so fundamental. It's important to Canada."

This article reports that the process has as many as three more stages to go before it is finally resolved. The first step involves a hearing at the B.C. Supreme Court, followed by potential appeals to the B.C. Court of Appeal and subsequently the Supreme Court of Canada.

Of interest is also Canadian Jewish Congress (CJC) co-counsel during the proceedings, Gerry Cuttler's, reaction.

Said he:

"We agree with the finding of the tribunal that the article was anti-Semitic. We are in disagreement with the tribunal decision . . . that anti-Semitism did not warrant a remedy."

The objective of the CJC, Cuttler felt, was to bring forward a complaint against a column that "did cross the line"-and also the existence of a remedy for future instances. He has not yet advised his clients what their next move ought to be, ". . . pending a careful reading of the decision."

Ditto for CJC chairman Michael Elterman who wants to meet first with its board.

"From our point of view, it's (the tribunal's findings)(are) mixed," said Elterman. "The decision did not give us the remedy we requested." He is quoted as saying that the columns were deemed "anti-semitic and nasty."

Similarly, in her 113-page judgment, Iyer stated that the tone of the column was "nasty: it is deliberately provocative and insulting. It is mean-spirited and expresses a smug self-satisfaction in the author's apparent success in freeing himself from the grip of the 'propaganda' by which the rest of society are still duped."

However, concluded the otherwise politically correct lady, the column did fall short of qualifying as constituting "hatred or contempt" as outlined in the B.C. Human Rights Code.

What does all this mean? For me, Ernst Zündel, the man who first confronted Doug Collins in 1985 by asking him the question: "Did Six Million Really Die?", it is the fulfillment of my fondest dreams come true. It means I have made enough of an impact on this "admirer of Winston Churchill" and "hater of Adolf Hitler", that he has come a long way towards his inner self-liberation from the lies told him by propagandists in his youth!

The title of his column and its contents were clear. "Schindler's List" was a "Swindler's List" and pure, self-serving Jewish Hollywood propaganda of the most hateful and hurtful kind to German people's feelings! Collins was right on target!

This victory is sweet on a personal level, but it means more. The myth of the all-powerful Jewish censorship and mind terrorist network has suffered a severe blow and will continue to be eroded, regardless of the outcome of various appeals.

We are hacking away at their tentacles!

It is not bad either that the Press Council and their 125 papers, along with other "system creatures," so smug just yesterday, now fight this battle for their own reasons! That is the way it should be! On my own, I have borne the financial costs and emotional brunt of these self-appointed Israel Supremacists long enough!

I am very glad people are finally getting off the fence-even if it is with reluctance and scratching and kicking along the way to the court houses of the nation! It means we have engaged the enemy! First blood has been drawn!

In the end, victory will be ours. All we need to do is press on."

(Ernst Zundel)

Thought for the Day:

". . . proportionately more Holocaust survivors live in Canada than in any other nation on earth except Israel."

(Lorrie Goldstein of the "Toronto Sun")