Copyright (c) 1997 - Ingrid A. Rimland
"Naturally I don't have the possibilities you dispose of to stop this anti-Jewish propaganda," wrote Wiesenthal, "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 Zundel's
activities at taxpayers' expense.
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 Zundel, which had been circulating in the mails in Europe.
The leaflet had been provided to the Solicitor General by a "resident
in Austria" who, it may be surmised, was Simon Wiesenthal. (Postal
Transcript, p. 12)
Canada Post requested further assistance from the Solicitor General's office
but the bureaucracy was 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) surfaced, complaining to the
Canada Post Corporation that Zundel was spreading anti-Semitic literature
and demanded that Zundel'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 content
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 Zundel at his
house and interviewed him about the complaints received from the Solicitor
General's department concerning the leaflets.
Zundel 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 later state that Zundel 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,
as well as 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 Zundel case. (Postal
Transcript, p. 18-19)
Legal opinions were received from Legal Services Branch that some of Zundel's
writings constituted hatred against Jews. (Postal transcript, p. 20)
On November 13, 1981 an Interim Prohibitory Order was issued against Zundel's
publishing company, Samisdat Publishers Ltd., at both its Toronto and Buffalo
addresses. The order was issued on the grounds that Zundel's company was
using the mails to incite hatred contrary to s. 218.2 (2) of the Criminal
Code.
Zundel 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 none other than Sabina Citron, the self-avowed enemy of
Zundel, who was responsible for the postal ban in the first place. (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 Zundel'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)
Zundel 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. The Association was represented by two lawyers,
with Sabina Citron sitting next to them, directing the questioning of Zundel
for hours.
During the hearing Zundel 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)
Zundel 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, Zundel 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. Zundel, 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 may 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. Zundel, 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, Zundel 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 Zundel had any Jewish collaborators,
Zundel pointed to his advertisements which were in evidence which showed
a tape being offered for sale by Benjamin Freedman entitled "German-Jewish
Dialogue."
Zundel 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 Zundel had interviewed and tapes of which
were being sold by Zundel 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)
Zundel 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)
Zundel 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)
Zundel 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.
Zundel 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)
Zundel 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 Zundel's mailing rights.
In its reasons the Board stated:
"While the Board finds that Mr. Zundel'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 (emphasis added) 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. Zundel 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. Zundel'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 Zundel 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.
Government Minister André Ouellet accepted the recommendation of
the Board of Review and signed the revocation order restoring Zundel's mailing
privileges on November 15, 1982.
Canada Post turned over bags and bags of mail to Zundel. All cheques were
stale-dated and Zundel's business suffered near ruinous losses. His mail
order business never regained the lost market share and customers.
The Canadian Jewish Congress obtained a copy of the Board of Review's ruling
almost immediately from Canada Post. Ben Kayfetz of the Canadian Jewish
Congress announced to the press that they were "appalled" by the
decision and particularly angered by the finding of the Board of Review
that what was before it was "a much larger problem or struggle between
two peoples i.e. the Germans and the Jews..." (Ottawa Citizen, Dec.
11, 1982; letter to the editor Jan. 7, 1983)
Zundel himself, however, did not receive a copy of the Board of Review's
ruling - even though the case involved HIS mailing privileges and resulted
in disastrous consequences for HIS business.
In a letter to Zundel replying to his complaint that he had not been given
a copy of the report , the Office of Prime Minister Trudeau replied that
the report had been "mistakenly released" to the Canadian Jewish
Congress but that the Minister responsible for Canada Post was well within
his discretion to refuse to give Zundel a copy. (Letter, Martin Blumenauer,
Correspondence Assistant, Office of the Prime Minister, March 15, 1983)
Zundel attempted for years through letters to the Minister and others to
obtain the decision. It was only after Zundel initiated lengthy proceedings
under the Privacy Act and appealed to the Privacy Commissioner that he was
allowed access to the report in 1992 - some 10 years after the Board of
Review's report was issued!
He was not allowed to obtain even a photocopy of decision; his lawyer was
forced to transcribe the decision by hand at Canada Post offices in Toronto.
Thought for the Day:
"It is possible to own too much. A man with one watch knows what time it is; a man with two watches is never quite sure."
(Lee Segal)