ZGram - 1/19/2002 - "Cease and desist, Zundelsite!"

[irimland@zundelsite.org]

Copyright (c) 2001 - Ingrid A. Rimland

ZGram - Where Truth is Destiny

January 19, 2002

Good Morning from the Zundelsite:

Well, the long wait is over!  We're underwhelmed!

Yesterday, the Canadian Human Rights Tribunal, frequently a willing tool of
the organized Canadian Jewish community, handed down its findings in a
five-year court-like Tribunal setting in the attempted censorship power
grab of the American-based Zundelsite.  The Zundelsite, as millions all
over the world now know, was started, owned and operated by myself, Ingrid
Rimland.  Its documents were stored in California on an American server,
one of the world's largest, called Webcom.

This struggle has cost Ernst Z=FCndel several hundred thousand dollars and
the Canadian Tax payers, as reported in an article in today's Globe and
Mail, "several million."  And what, exactly, has that money bought for
Canada?

At issue was the question whether Ernst Z=FCndel, then a Canadian landed
immigrant of German background and a known challenger to the politically
expedient psychological weapon known as "The Holocaust", exposed an
"identifiable group", namely Canadian Jews, through documents placed on the
Zundelsite, "...likely to hatred and contempt."

The twists and turns this protracted court battle all the way up to the
Supreme Court of Canada is now well-documented cyber history.  On the part
of Ernst Z=FCndel, it was fought to expose Jewish motives and tactics in the
suppression of scientific/forensic evidence that negated the Holocaust
lore.  By way of two highly dramatic, historical Holocaust Trials, 1985 and
1988, Z=FCndel illustrated, through dozens of documents and numerous
witnesses, that the so-called "Holocaust" is used as a weapon, a cudgel,
against his country, Germany, and its people, and has in recent years
become a criminal  extortion racket.

 On the part of his Jewish detractors, this battle was fought to establish
a powerful censorship precedent, to get control of the content of Internet
websites inconvenient to the Jewish Lobby, and to force detractors to their
knees by brutally bankrupting them financially through trumped-up, repeat
charges - while they, by using agents of the government such as the Human
Rights Tribunals, have unlimited taxpayers' money at their disposal as well
as willing bureaucrats and lawyers to help feed at the trough.

The court transcripts are voluminous and will be grist for future scholars.
Suffice it to say that the case against Ernst Z=FCndel of "likely [causing]
hatred and contempt" to Jewish sensibilities was based, essentially, on
five kinds of posted Zundelsite documents:

_____   "Did Six Million Really Die" - a 48 page booklet written by Richard
Harwood but published by Ernst Z=FCndel, around which a 9-year criminal cour=
t
battle had already been fought under Canada's antiquated "False News" law,
culminating in a Supreme Court decision stating that Ernst Z=FCndel was
entitled to express a political opinion, "...even if the majority considers
it wrong or false" - in the process outlawing the "False News" law as being
anti-democratic and unconstitutional -

_____   "66 Questions and Answers on the Holocaust" - a two-page,
20-year-old hand-out written and published by the Institute for Historical
Review and extensively debated, pro and con, on the Zundelsite and numerous
news groups in 1996 -

_____   "Jewish Soap" - a scholarly essay on a thoroughly discredited
Anti-German World War II propaganda claim that in their concentration
camps, Germans made soap out of Jews gassed in their concentration camps.
This essay, likewise, was not authored by Ernst Z=FCndel -

_____   Ernst Z=FCndel's Power Letters - informal monthly newsletters to
Z=FCndel supporters that are perfectly legal in print and were never
challenged in a Canadian criminal court - but were claimed to be actionable
by the Human Rights Commission if posted on the Internet -

_____   ZGrams - legally copyrighted daily e-zines in the name of Ingrid
Rimland from Day One, January 1, 1996, prepared with the assistance of an
intellectual properties attorney.

On the very day the proceedings started, May 27, 1997 I, Ingrid Rimland,
was in the courtroom in Toronto and offered to testify under oath that I
was the legal owner of the Zundelsite.  I was not allowed to do so.  In the
words of the Tribunal,

{START]

"At the outset of the hearing the Respondent applied for a stay, alleging
that, for a variety of reasons, the complaints were not properly before us.
Leave was sought to lay the foundation for the motion by calling Ingrid
Rimland of California, who, it was said, was the creator, controller,
editor, publisher and author of the materials on the Zundelsite.  The
purpose of calling this witness presumably was to bolster the affidavit
evidence filed in support in the motion to support the argument that
control of the Zundelsite was solely in her hands.  In effect ***the
application, if acceded to, would have constituted a summary dismissal of
these proceedings.***"  (Emphasis added!)

In other words, right from the Horse's Mouth!

The Tribunal never did have the right to do what they did - and all it
netted Canada, after millions of taxpayers' money was spent, was a Tribunal
ruling THAT TRUTH WAS NO DEFENSE!

There are many other rulings worthy of a Soviet Tribunal sprinkled
throughout these proceedings.  In due time, the entire ruling will be
posted on the Zundelsite, and readers can judge for themselves what this
was really all about - a power grab for censorship and settling of old
scores.

Both Ernst and I lost interest in these proceedings toward the end of these
proceedings which were fought hard on principle.  The rulings that came out
of 55 days of court hearings turned out to be so utterly biased, unjust,
unfair and politically motivated they were not worthy of a civilized
society - and certainly not worthy of our energy and time.

Repeatedly, the commission legally soiled itself by disallowing the
introduction of relevant documents and the testimony of pertinent
witnesses, disqualifying university trained and accredited Z=FCndel expert
witnesses on the most ludicrous grounds.  There was no way to receive or
even expect a fair and impartial result.  It was a legal lynching party -
with one exception:  In the end, the anticipated victim refused to show up.
Who was it that said:  "They have charged me in my absence, they tried me
in my absence, they have convicted me in my absence - they might as well
shoot me in my absence!"

Ernst Z=FCndel now lives in Tennessee, is happily married to the owner of th=
e
Zundelsite, is utterly out of the Tribunal's jurisdiction and his
detractors' clutches - and the entire case, as far as we're concerned, is
moot!

It is not moot for Canada.  A vile and sinister censorship precedent has
now been set, and freedom of speech has been mauled.  That
liberal/socialist/Marxist permeated monster misnamed the Canadian Human
Rights Commission, along with its Tribunals, all appointed by the ruling
oligarchies' prime ministers, are merely enforcers of the whims of the
party in power any moment in Canada.

There's only one small comment left to make:  "We expected the roar of the
lion, and all we got was one small whimper from a mouse!'

"Cease and desist, Mr. Z=FCndel!"

Oh yeah?!  Ever heard of the US First Amendment to the Constitution?  Ever
heard of the US Supreme Court CDA ruling telling foreign censors:  Paws off
the Internet!?  Remember Yahoo fighting of the censorship hyenas out of
=46rench/Jewish quarters?

Today is our second wedding anniversary.  Ernst and I look at each other
and know:  We've given them one wallop of a fight!

Here is the tribunal's ruling - and please remember, this is the Censor
Speaking:

[START]

IX.	REMEDY

 It was suggested during the course of the hearing that a cease and desist
order issued against the Respondent would have virtually no effect in
eliminating this material from the World Wide Web. As we have noted
throughout this decision, Mr. Z=FCndel did not participate in final argument
on the merits of this complaint and so the Tribunal, in endeavouring to
afford a fair hearing in the circumstances, raised this point during the
Commission's submission.

 One of the unique features of the Internet is the ease with which
strangers to the creator of a particular site can access material and, if
they choose, replicate the entire site at another web address. The evidence
before us supports the contention that "mirror" sites already exist that
duplicate in their totality the material currently found on the Zundelsite.
We also accept that some individuals, in an attempt to rebuff efforts to
limit speech or regulate the Internet, might be prompted to create mirror
sites in direct response to an Order issued by this Tribunal. As there is
no evidence that these sites are under the control of Mr. Z=FCndel, it was
submitted that even if we find that there has been a contravention of s.
13(1) of the Act, it would be totally ineffectual to issue a cease and
desist order. Notwithstanding any Order that we might issue, the material
found on the Zundelsite, which we have determined offends s. 13(1) of the
Act, will remain accessible to anyone in Canada who can find a mirror site.

 Counsel for the Commission and the interveners in aid of the Commission
position maintained that the proposed remedy would serve both a symbolic
and practical value. At a minimum, a cease and desist order would prevent
the Respondent from continuing to update and promote this site.

 We are extremely conscious of the limits of the remedial power available
in this case. There always exists the possibility that an individual,
wholly unrelated to a named respondent, will engage in a similar
discriminatory practise. The technology involved in the posting of
materials to the Internet, however, magnifies this problem and arguably
makes it much easier to avoid the ultimate goal of eliminating the material
from telephonic communication.

 Nonetheless, as a Tribunal we are charged with the responsibility of
determining the complaints referred to us, and then making an Order if we
find that the Respondent has engaged in a discriminatory practise. We
cannot be unduly influenced in this case by what others might do once we
issue our Order. The Commission, or individual complainants, can elect to
file other complaints, or respond in any other manner that they consider
appropriate should they believe that there has been a further contravention
of the Act.

 Any remedy awarded by this, or any Tribunal, will inevitably serve a
number of purposes: prevention and elimination of discriminatory practises
is only one of the outcomes flowing from an Order issued as a consequence
of these proceedings. There is also a significant symbolic value in the
public denunciation of the actions that are the subject of this complaint.
Similarly, there is the potential educative and ultimately larger
preventative benefit that can be achieved by open discussion of the
principles enunciated in this or any Tribunal decision.

 Parliament, on behalf of all Canadians, has determined that the telephonic
communication of hate messages is not to be tolerated in our society.  In
our view, the victims of hate are entitled to obtain the benefit of the
full weight of our authority.

 We have determined that the Respondent Ernst Z=FCndel has engaged in a
discriminatory practise by posting material to his website that is likely
to expose Jews to hatred or contempt, and the granting of the remedy
requested is warranted and appropriate.

  X.	ORDER

 We therefore order that the Respondent, Ernst Z=FCndel, and any other
individuals who act in the name of, or in concert with Ernst Z=FCndel cease
the discriminatory practise of communicating telephonically or causing to
be communicated telephonically by means of the facilities of a
telecommunication undertaking within the legislative authority of
Parliament, matters of the type contained in Exhibit HR-2 and found on the
Zundelsite, or any other messages of a substantially similar form or
content that are likely to expose a person or persons to hatred or contempt
by reason of the fact that that person or persons are identifiable on the
basis of a prohibited ground of discrimination, contrary to s. 13(1) of the
Canadian Human Rights Act.

[END]

The Zundelsite's position is unchanged.  We're going to stay on the air.

The Jewish Organizations and individuals responsible for these obscene
five-year proceedings - - Sabina Citron, the Toronto Mayor's Committee on
Community and Race Relations, with the League for Human Rights of B'nai
Brith Canada, the Canadian Holocaust Remembrance Association, the Simon
Wiesenthal Centre and the Canadian Jewish Congress as "intervenors" in tow
- lost every court fight against Ernst Z=FCndel for 20 years in regular
Canadian Courts, right up to the Supreme Court of Canada!

When they could not "get" their chief critic silenced and criminalized
through regular channels, they cleverly spied a political process and
institution, staffed by failed political party hacks and all manner of
former functionaries and bagmen, to do their bidding.  At least that was
the plan.

The Canadian public, the Canadian political elite, and the Canadian media,
who for years not only tolerated the censorship abuses against Ernst Z=FCnde=
l
but often even cheered the censors on, will now have to live under the iron
heel of that very Human Rights Commission and their ideological agenda.
Let's see how they will like it.

=3D=3D=3D=3D=3D

Thought for the Day:

"I have never made but one prayer to God, a very short one:  'Oh, Lord,
make my enemies ridiculous.'  And God granted it."

(Voltaire)