This week is a very important one for Canadians. The matter of freedom of speech will have another milestone or two to record.
I have talked about what is going to happen this week in Toronto before, but it is important to keep the issue focused, as summarized by an article in the National post and a summary in the Friends of Freedom January/February 1999 publication.
________ First, the National Post, March 8, 1999, as per Jim Bronskill in an article titled "Holocaust denier to argue tribunal is not impartial: Internet issue at heart":
Holocaust denier Ernst Zundel heads to court tomorrow in a bid to halt a human-rights inquiry into his <sic> Internet Web site by arguing the process lacks impartiality.
Mr. Zundel's lawyer will try to persuade the Federal Court that the quasi-judicial tribunal hearing the complaints isn't independent enough from the Canadian Human Rights Commission to be fair and impartial. (...)
Tomorrow's case, to be heard in Toronto, is one element of a two-pronged attack by Mr. Zundel.
On Wednesday, in a separate Federal Court case, he will argue the Human Rights Commission lacks jurisdiction over the Internet and therefore had no business ordering the tribunal hearings.
The Canadian Human Rights Act prohibits the use of telephone lines to spread messages likely to expose people to hatred or contempt on the basis of race, religion, or ethnic origin.
Mr. Zundel contends the Internet does not come under the umbrella of "telephonic communications" defined in the act.
The commission argues that because a computer modem operates through telephone lines, hate messages on the Internet would fall under the act.
"We do have jurisdiction over the Internet," Mr. Duval said. (...)
The Zundel matter marks the first time a Canadian human- rights tribunal has examined complaints alleging hate on the Internet.
Tribunals have, however, dealt with similar cases related to recorded telephone messages. In those cases, the courts have ultimately ruled that while restricting the spread of hate propaganda limits freedom of expression, it is a justifiable restriction under the Constitution. <end>
_____ In the January/February 1999 Friends of Freedom publication, the Zundelsite case was summarized as follows:
"In early January, the Canadian Jewish Congress tried to strike out the Zundel judicial reviews of the Human Rights Inquiry into Ingrid Rimland's website. A judicial review is a court hearing to see if a quasi-judicial proceeding, such as a Human Rights Tribunal, has exceeded its authority or has erred in some way during its proceedings during the hearing.
This challenge was made before Madam Justice Reid. She ruled that all judicial reviews ***should continue*** and so a small victory for our rights occurred. Mr. Christie will be able to challenge the hearing even while it is in progress. The question will be heard in March between the 9th and 15th, 1999, in Toronto.
Starting on May 9, 1999, a real chance exists to stop this travesty of "human rights" abuse of Ernst Zundel. These hearings will be before a judge in the Federal Court who is in a better position to be impartial than the members of the Human Rights Tribunal who are appointed by the Prime Minister from among the politically correct.
Judges are appointed for longer periods and need not be "sympathetic and sensitive to human rights" which is the criterion for membership in a human rights tribunal.
The various reviews are going to be heard. The issues are complex and as usual they are too elaborate to capture the imagination or understanding of those in the media who need something simple to publish if they are to be "relevant."
The enemies of freedom know if they keep the issues multi-layered and complicated, it's like a smoke screen - nobody can see what's really going on." <end>
Stay tuned to the ever more broadening Zundelsite saga!
Ingrid
Thought for the Day:
"It is interesting to note that although the tribunal accords no place for evidence of truth, prosecution experts make factual assertions about history as a basis for ***their*** opinion. . . George Orwell would have had a special laugh over that process."
(Friends of Freedom Newsletter, January/February 1999, p. 3)
Back to Table of Contents of the March 1999 ZGrams