dave@lsuc.UUCP (David Sherman) (05/13/85)
In article <1233@ecsvax.UUCP> dgary@ecsvax.UUCP (D Gary Grady) writes: || In Canada (let us remember) it is ||illegal to differ with the official government line concerning certain ||historical events (in particular the Holocaust). The fact that the ||government's version of history in this instance is undoubtedly true is ||beside the point. Hold it right there. You're making an absurd generalization. Let's review the facts: 1. There is a section of the Criminal Code of Canada which states: Everyone who wilfully publishes a statement, tale or news that he knows is false and is likely to cause injury or mischief to a public interest is guilty... (s.177) This section has been in existence for over 100 years. 2. The charge against Ernst Zundel was laid, not by the government, but by a private citizen (Sabina Citron, a survivor of the Holocaust). 3. The issue was not "differ[ing] with the official government line", but statements in Zundel's publications which were untrue, offensive, libellous and intended to incite anti-Semitism. Zundel was convicted, by a jury of 12 ordinary Canadians, who (by definition) were convinced BEYOND A REASONABLE DOUBT, unanimously, that Zundel's publications (i) were false (ii) were known by him to be false (iii) were likely to cause injury or public mischief to a public interest (iv) were published "wilfully" (i.e., with intent to do all of the above). The jury system exists as a strong protection against s. 177 being used in any cases other than those most appropriate for conviction. Dave Sherman The Law Society of Upper Canada Toronto -- { ihnp4!utzoo pesnta utcs hcr decvax!utcsri } !lsuc!dave