I worked all day yesterday and last night on Ernst's October Power letter, and to save time, I am shipping two ZGrams back-to-back containing excerpts from that letter.
The first one is an incredibly important document, filed in court yesterday, in that it shows it takes Ernst Zundel to define for Canada what constitutes TRUTH and ***what role TRUTH must play*** if Canada is to remain a civilized country as it so piously claims to be.
This should be of real interest to those who watch the broadening legal struggle of Zundel vs. Holocaust Enforcers.
When that document came humming off my fax, I felt some shivers on my spine - the ***privilege*** to be part of something that important!
The second excerpt, to be shipped tomorrow, will be almost exclusively composed of quotes gleaned from some well-known Jewish leaders. I promise you will be astonished at what comes out of their mouths these days.
Here is Excerpt # I:
"There has been a marked change at the Federal Court of Canada in recent times, it seems to me and other observers. Judicial reviews, which are really emergency measures built into the Anglo-Saxon legal system centuries ago, are really there to act as a brake against abuse of government authority by various bodies such as the Human Rights Commission. In the past and in sane times, one could normally get a court date for a judicial review in a matter of weeks - at most, months - because it was understood to be meant to stop possible abuse of power.
We lodged our first judicial review application of a Canadian Human Rights Commission decision on December 16, 1996. We still do not have a date for a hearing! This is an unheard-of situation and smacks of discrimination against me, I believe, because of who I am and what I stand for, by people within the judicial system who seem to have been cowed by the shrieks of the Holocaust Enforcer Lobby in the war crimes matter, where especially the Federal Court was incessantly accused by the vociferous Israel Firsters in the media of practically being soft on Nazi "war criminals".
Terror works. Ask the Swiss!
We have now finally been given one date for a judicial review - one of several we lodged - given to us in October - FOR THE END OF MARCH, 1999! That will be one year after we filed it! By that time, the abuse of my rights will have gone on for over two years unchecked. I will have spent two years of my life fighting off these pirhanas in human form . . . !
Here is one of the documents filed on my behalf by the Zündel team about the value and importance of TRUTH to civilized society.
Court File No. T-1154-98
FEDERAL COURT - TRIAL DIVISION
BETWEEN:
ERNST ZÜNDEL
APPLICANT
-AND-
THE CANADIAN HUMAN RIGHTS COMMISSION, THE CANADIAN JEWISH CONGRESS, THE LEAGUE FOR HUMAN RIGHTS OF B'NAI BRITH CANADA, SIMON WIESENTHAL CENTRE, CANADIAN HOLOCAUST REMEMBRANCE ASSOCIATION, SABINA CITRON, CANADIAN ASSOCIATION FOR FREE EXPRESSION AND THE TORONTO MAYOR'S COMMITTEE ON COMMUNITY AND RACE RELATIONS
RESPONDENTS
NOTICE OF CONSTITUTIONAL QUESTION
The applicant, Ernst Zündel, intends to question the constitutional validity and effect of section 13 of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, as amended (herein after referred to as the "CHRA").
The question is to be argued in Toronto, Ontario, on a day and time to be set by the Court.
The following are the material facts giving rise to the constitutional question: The Canadian Human Rights Commission requested the President of the Human Rights Tribunal Panel in 1996 to appoint a tribunal to inquire into two complaints laid against Mr. Zündel under section 13 of
>the Canadian Human Rights Act.
The complaints alleged that Mr. Zündel was discriminating against Jews by placing hate messages on the Internet in a World Wide Website located in California, United States of America.
During the hearing, the Human Rights Tribunal ruled that the truth of the statements complained of on the Zündelsite was not relevant to a charge under section 13(1) of the CHRA and that no evidence would be admissible to prove the truth of the statements and no cross-examination of any witness would be allowed concerning the truth of the statements. Referring to the decision of the Supreme Court of Canada in Canada (Canadian Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892 the Human Rights Tribunal held:
"We find this passage from Taylor to be instructive in that, consistent with a focus on effect rather than intent, it is the effect of the message on the recipient, and ultimately on the person or group vilified, that is the focus of the analysis. The truth in some absolute sense really plays no role. Rather, it is the social context in which the message is delivered and heard which will determine the effect that the communication will have on the listener. It is not the truth or falsity per se that will evoke the emotion but rather how it is understood by the recipient. The objective truth of the statement is ultimately of no consequence if the subjective interpretation, by virtue of tone, social context and medium is one which 'arouses unusually strong and deep-felt emotions of detestation, calumny and vilification.' Therefore, in our view, whether the message is true or not is immaterial. Whether it is perceived to be true or credible may very well add to its impact, but its actual basis in truth is outside the scope of this inquiry."
The following is the legal basis for the constitutional question:
1. Section 13 of the CHRA was held to be in violation of the right to freedom of expression guaranteed under s. 2(b) of the Canadian Charter of Rights and Freedoms by the Supreme Court of Canada in Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892. The Court upheld the constitutionality of section 13, however, on the grounds that it was a reasonable limit on that freedom prescribed by law that was demonstrably justified in a free and democratic society pursuant to section 1 of the Charter.
2. The applicant will be arguing that section 13 of the CHRA does not apply to truthful statements and that any person charged under this provision must be given an opportunity to prove the value of the statements to society by proving their truthfulness, in that truth is the core value of freedom of expression in a democratic society. That truth is the goal of the justice system, including human rights tribunals, is fundamental to our society and is the entire purpose of the rules of evidence, the taking of oaths, the openness of the court system, the offence of perjury. Canadians expect to be able to tell the truth without being prosecuted for it.
3. It will be argued that truth is not hatred or contempt; true facts do not expose people to hatred or contempt but to justice and to the process of correction and rectification. Justice is the conformity to truth, fact or reason and is the goal of the system of justice in Canada. Section 13 must be interpreted to exclude truthful messages from its ambit.
4. It will be argued that the Tribunal's interpretation of section 13(1) is not a reasonable limit on freedom of expression and breaches section 2(b) of the Canadian Charter of Rights and Freedoms and is not saved by section 1 of the Charter. It should be struck down by section 24(1) of the Charter. Alternatively, s. 13(1) of the CHRA should be struck down under s. 52 of the Constitution Act as contrary to s. 2(b) of the Charter.
Tuesday, October 6, 1998
____________________________
Douglas Christie
810 Courtney St.,
Victoria, B.C.
V8W 1C4
Tel: 250-385-1022
Fax:250-479-3294
___________________________
Barbara Kulaszka
9 Cheer Dr., P.O. Box 1635,
Brighton, ON K0K 1H0
Tel: 613-475-3150
Fax: 613-475-0648
Counsel for the Applicant
TO:
Hon. Chris R. Decker,
Minister of Justice,
4th Fl., Confederation Bldg. E., P.O. Box 8700, St. John's, Newfoundland A1B 4J6
FAX: 709-729-0469
Hon. Dr. Smith,
Minister of Justice,
4th Fl., 5151 Terminal Rd., Box 7,
Halifax, Nova Scotia,
B3J 2L6
FAX: 902-424-4556
Hon. Greg Byrne,
Attorney General of New Brunswick,
P.O. Box 6000,
Fredericton, New Brunswick,
E3B 5H1
FAX: 506-453-3651
Department of Community Affairs and Attorney General. 4th Fl., Shaw Bldg., 95 Rochford St., P.O. Box 2000, Charlottetown, PEI C1A 7N8
FAX: 902-368-4121
Hon. Serge Ménard,
Minister of Justice and Attorney General, 1200 route de l'Eglise, Sainte-Foy, Quebec
G1V 4M1
FAX: 418-646-0027
Hon. Charles Harnick,
Attorney General of Ontario,
720 Bay St.,
Toronto, ON
M5G 2K1
FAX: 416-326-4016
Hon. Vic Toews,
Minister of Justice and Attorney General, Legislative Bldg., 450 Broadway, Winnipeg, Manitoba
R3C 0V8
FAX: 204-945-2517
Hon. John T. Nilson, Q.C.,
Minister of Justice and Attorney General, 30 Legislative Bldg., Regina, Saskatchewan,
S4S 0B3
FAX: 306-787-1232
Hon. Jon Havelock,
Minister of Justice and Attorney General, 320 Legislature Bldg., Edmonton, Alberta
T5K 2B6
FAX: 403-422-6621
Hon. Ujjal Dosanjh,
Attorney General of British Columbia,
Parliament Buildings,
Victoria, British Columbia
V8V 1X4
FAX: 250-387-6411
Hon. Lois Moorcroft,
Minister of Justice,
Box 2703 (J-1),
Whitehorse, Yukon Territory,
Y1A 2C6
FAX: 867-667-8424
Hon. Goo Arlooktoo,
Minister of Justice,
Box 1320,
Yellowknife, Northwest Territories,
X1A 2L9
FAX: 867-873-0169
(end of court document)
Thought for the Day:
"I never give them hell. I just tell the truth, and they ***think*** it's hell."
(Harry S. Truman)