[net.followup] Zundel conviction and books denying the Holocaust

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
-- 
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