July 24, 1997

Good Morning from the Zundelsite:

I was talking to one of the Zundel Legal Team members the other day about the upcoming Canadian Human Rights Commission hearings involving the Zundelsite, and this attorney said dryly, speaking of the grim and ghastly gladiators of the so-called 'Holocaust':

"They are really grasping at straws. They know darn well they have no jurisdiction whatsoever over you.

"They know you have the password to the Zundelsite. They know you own the Zundelsite. They're not contesting that. They know you have the right to say and write whatever you please, particularly now since the Supreme Court has given you that right pertaining to the Internet. There isn't one darn thing that they can do to you.

"The only thing they think they CAN still do is to insist that you and Ernst are 'acting in concert'."

I beg your pardon? Acting in concert?

Two people with a common bond and noble cause living in adjacent democracies communicating on their deeply felt convictions about a contested aspect of history can be prevented from doing so - by claiming that they "act in concert"?

In concert to do what? By removing WWII propaganda lies and replace them with historical truth? By removing unfair, negative and false stereotypes? By advocating dialogue so as to replace misconceptions with understanding?

Is that a crime in Canada?

What will be shaping up now in the upcoming CHRC hearings, as far as I can tell, are two all-important issues:

1) to what extent can Germans - in Canada specifically and, internationally, in a broader sense - be persecuted by the Holocaust Lobby and others claiming that the Germans do not have a right to access their own history directly and that they need to have it written and interpreted for them by the likes of Daniel Goldhagen, Elie Wiesel, Raul Hilberg, Bernie Farber, etc.?

2) precisely what IS the secret key or formula used by the Holocaust Lobby in using "hit squad" organizations such as the so-called "Human Rights Commissions" to act as their "judicial execution squads" - or using street thugs like the ARA, for that matter?

Precisely what IS going to happen if our opposition ". . . points a water hose at a bee hive" by rolling out this so-called "Human Rights" inquisition for Ernst in Canada? Is it going to drown the bees - or is it going to scatter the bees, remembering their stingers?

I leave you to your thoughts.

In weeks and months to come, I hope to bring you repeat glimpses of the widening panorama of this surgically deep-cutting legal struggle around the Zundelsite.

For a start, burn this into your mind:

Ernst and I are both of German descent, scarred and formed by our own war time and post war experiences as children. Of course we are in touch with one another. So what? Germans have rights, too.

To what extent are we in touch? As a matter of fact, it has been a bitter and chronic complaint of mine that Ernst isn't MORE involved with the Zundelsite and what I am trying to do. Just ask, and he will tell you.

I would just love to have Ernst at my elbow because I am besotted with the Internet and its potential, and I have made it my private campaign to make him be besotted likewise with the potential of the Net before this tattered old millennium is gone.

But that is not what the CHRC is worrying about - and what they will be arguing.

What they will argue is that there sits this unrepentant German, uncowed by fire, jails and bombs - this evil "Nazi", as they like to label him - right under their own noses in Toronto and causes Ingrid Rimland to be his sounding board.

(They should have consulted the Mennonite elders of my youth about THAT likelihood...!)

Even as we speak, and acting under my own steam, I am in the process of posting three powerful Zundel defense documents pertaining to this latest legal wrinkle, from which I will be shipping daily Zundel-style illumination with zest and fervor in a dozen or so ZGrams yet to come.

Here is the first segment of such a document, compiled in response to the efforts by the CHRC (an arm of the Attorney General of Canada's office) by members of the Zundel Legal Team pertaining to what our foes have in their disgraceful censorship hopper:

"As it is not alleged that the applicant himself is speaking the communications in issue over the telephone, he does not fall within the first branch of s. 13 of the CHRA, that of "communicat[ing] telephonically" a discriminatory message.

If the applicant falls within s. 13(1), it must be under the second branch of the provision, namely, "to cause to be so communicated."

It is the submission of the Respondent that by telephoning Dr. Rimland, the Webmaster of the Zündelsite, and working with her on newsletters and exchanging ideas by fax and by telephone between Toronto and California, the applicant uses the telecommunication facilities of Canada in a manner that brings him within the meaning of s. 13(1) of the CHRA.

It alleges further than the Zündelsite is presently only accessible from Canadian computers with Internet access over the same telecommunication facilities of Canada.

Thus, the argument appears to be that the applicant uses Canadian telecommunications facilities to speak or fax to Dr. Rimland and Canadian users use the telecommunication facilities to access the United States Website and that these uses of the Canadian telecommunications facilities bring the applicant within the meaning of s. 13(1) of the CHRA.

This argument is invalid for two major reasons:

The applicant does not control the Zündelsite and copyright of the HTML coded site resides with Dr. Rimland:

The control of the information contained on the Zündelsite resides with only one person, its creator and Webmaster, Dr. Ingrid Rimland. Dr. Rimland has the password to the site and she alone has the password. The applicant does not know and has never known the password to the Zündelsite. Dr. Rimland has refused to give it to the applicant when he asked for it in the past.

There is no dispute or question that the applicant and Dr. Rimland are intellectual and moral partners who greatly admire each other's abilities and who work closely together to defend their German heritage.

Both are ethnic Germans who feel strongly that the German ethnic group has been many times wrongly and falsely accused of atrocities during World War II.

In this, the Zündelsite reflects their feelings, aspirations for Germans and defence of their ethnic group. In this sense, the Zündelsite is very much "Ernst Zündel's" Website.

But moral and intellectual cooperation and respect does not constitute legal ownership, consent or control.

The applicant does not write his publications in Toronto, enter the HTML code, and then upload the material to a website in California which he controls through a password. The site is created, designed, and altered by Dr. Rimland alone and it is she alone who controls the password to the site.

If the applicant is ordered to "cease and desist", he has no power whatsoever to order Dr. Rimland to disband the Zündelsite. She resides in a foreign jurisdiction and it is she who controls and creates the site.

Any order against the applicant could not be enforced against Dr. Rimland. And the applicant has no legal control over the messages which Dr. Rimland decides to put on the Internet.

The copyright of the site resides in Dr. Rimland and therefore virtual ownership of the site."

You heard it.

There is nothing but nothing the CHRC can do to the Zundelsite itself. What they CAN do - and no doubt WILL do - is waste yet another ton of Canadian taxpayers' money in trying to stop Ernst Zundel by yet another round of quasi judicial persecution and quasi legal harassment.

In the process of wasting Canadian taxpayers' money, they will be wasting a lot of European Canadian taxpayers' money, many of whom are of German descent.

You see, this is no longer Sabina Citron and her Holocaust Promotion Lobby fellow travelers against Ernst Zundel and his hardy Zundelists.

It's going to be the clan against the tribe. Big time!

Since ethnic Germans are still the third largest ethnic community in Canada, the bees will not like the soaking of the Holocaust Promotion Lobby's water hose one bit.

Ingrid

Thought for the Day:

"Character is the diamond that scratches every other stone."

(F. E. Hulme)

Comments? E-Mail: irimland@cts.com

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