IN THE FEDERAL COURT OF CANADA
TRIAL DIVISION

BETWEEN:

ERNST ZÜNDEL

APPLICANT

-AND-

THE ATTORNEY GENERAL OF CANADA

RESPONDENT

AFFIDAVIT

I, BARBARA KULASZKA, barrister and solicitor, of the Town of Brighton, Province of Ontario, hereby MAKE OATH AND SAY AS FOLLOWS:

1. I have acted as Ernst Zündel's lawyer almost continuously from 1987 to the present time and as such have knowledge of the matters hereinafter deposed to. I am thoroughly familiar with the background and legal history of Ernst Zündel and swear the following on personal knowledge or on information and belief as the case may be in each paragraph, but if on information and belief I verily believe the same to be true.

The Complaints

2. By letter dated August 2, 1996, the Canadian Human Rights Commission advised the applicant that it had received a complaint from the Toronto Mayor's Committee on Community and Race Relations alleging discrimination against persons of the Jewish faith and ethnic origin contrary to section 13(1) of the Canadian Human Rights Act.. The complaint dealt exclusively with articles appearing on the "Zundelsite", an Internet World Wide Web page located in California. Attached to the complaint were several booklets

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printed from the "Zundelsite" including the corrected version of "Did Six Million Really Die?" by Richard Harwood, "Inside the Auschwitz Gas Chambers" by Fred Leuchter, "Different Views on the Holocaust" by Mark Weber, "The Liberation of the Camps: Facts and Lies" by Theodore O'Keefe, "Jewish Soap" by Mark Weber, "66 Questions and Answers on the Holocaust" by the Institute for Historical Review, and "Auschwitz: Myths and Facts" by Mark Weber. The booklet "Did Six Million Really Die?" was the same booklet for which the applicant was acquitted in 1992 on charges under the "false news" provision of the Criminal Code except that it had an addendum setting out corrections to errors found in the booklet during the trial.

3. The Commission informed that applicant that it had assigned Penny Goldrick to investigate the complaint and to submit a report on the investigation findings to the Canadian Human Rights Commission. Attached to this my affidavit and marked Exhibit "A" is a copy of the complaint lodged by the Mayor's Committee on Community and Race Relations, signed by Mayor Barbara Hall, dated July 18, 1996, and attached articles and covering letter from Anne Rooke, Canadian Human Rights Commission.

4. By letter dated September 11, 1996, the applicant's lawyer, Douglas Christie, wrote to the Commission that the Zündelsite was located in the United States and that the Parliament of Canada had no jurisdiction in the matter. Attached to this my affidavit and marked Exhibit "B" is a copy of the letter from Mr. Christie dated September 11, 1996.

5. By letter dated September 26, 1996, the Canadian Human Rights Commission advised the applicant that it had received a complaint from Sabina Citron alleging discrimination against her and other Jewish persons contrary to section 13(1) of the Canadian Human Rights Act.. The complaint also dealt exclusively with articles appearing on the Internet World Wide Web "Zündelsite." Attached to this my affidavit and marked Exhibit "C" is a copy of the complaint lodged by Sabina Citron, dated September 15, 1996 with covering letter from Anne Rooke, dated September 26, 1996.

6. By letter dated October 14, 1996, Ms. Rooke advised Mr. Christie that the investigation into the complaints had been completed. A copy of the investigator's report and a memorandum to the Commission were attached for Mr. Christie's review. Ms. Goldrick's recommendation to the Commission was that the matter be referred to a Human Rights Tribunal for hearing. Attached to this my affidavit and marked Exhibit "D" is a copy of the letter from Anne M. Rooke, Deputy Director, Compliance, CHRC,

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to Mr. Douglas Christie, dated October 14, 1996 together with copies of the investigator's reports dated October 15, 1996.

7. By letter dated October 28, 1996, Mr. Christie submitted a 37 page brief in response to the findings of the investigator. Attached to this my affidavit and marked Exhibit "E" is the letter of Mr. Christie dated October 28, 1996 and the submissions to the Commission.

8. By letter dated November 19, 1996, the Secretary to the Canadian Human Rights Commission, Lucie Veillette, informed the applicant that the Commission had decided, pursuant to section 49 of the Canadian Human Rights Act, to request that the President of the Human Rights Tribunal Panel appoint a Human Rights Tribunal to inquire into the complaints as it was satisfied that, having regard to all the circumstances of the complaints, an inquiry was warranted. The Commission also decided, pursuant to subsection 40(4) of the Act, to request that a single Tribunal be appointed to hear the complaints as it was satisfied that they involved substantially the same issues of fact and law. Attached to this my affidavit and marked Exhibit "F" is a copy of the letter dated November 19, 1996 from Lucie Veillette, Secretary to the Commission, to the applicant.

9. By letter dated December 2, 1996, the Registrar of the Human Rights Tribunal informed the applicant that a Human Rights Tribunal consisting of Anne L. Mactavish, Reva E. Devine and Claude Pensa had been appointed on November 29, 1996 to hear the two complaints. Attached to this my affidavit and marked as Exhibit "G" is a copy of the letter of the Human Rights Tribunal and the notice of appointment of a Human Rights Tribunal.

The Applicant

10. The applicant, Ernst Zündel, was born April 24, 1939 in Calmbach, Germany. He immigrated to Canada and entered the country as a permanent resident on September 2, 1958.

11. The applicant earned a living as a successful graphic commercial article in Montreal and Toronto. He is also a publisher, broadcaster and TV show producer.

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The Complainant Sabina Citron

12. The complainant Sabina Citron is also a post-war immigrant to Canada and is a founder and spokesperson of the Canadian Holocaust Remembrance Association.

13. The complainant Sabina Citron has attempted since about 1980 to prevent the applicant from expressing his opinion of World War II history from a German viewpoint. The actions she has taken over the years are as follows:

(a) Suspension of Mailing Rights: Citron laid complaints with Canada Post Corporation, alleging that the applicant was using the mails to commit the offence of inciting hatred contrary to the Criminal Code. As a result of these complaints, the mailing rights of the applicant's publishing company were suspended by Canada Post Corporation from November 13, 1981 to November 15, 1982. The mailing rights were restored after a lengthy postal hearing which found that the applicant's publications, including the booklet "Did Six Million Really Die?," did not constitute "hate." The Board of Review held on October 18, 1982 as follows:

"For the defence, Ernst Zündel explained that his writings reflected an attempt to fight the stereotyping of the Germans as nasty, cruel and vicious people. He explained his actions by saying that his campaign is one directed at counter-acting this stereotyping. He gave many examples of this by way of comic books, movies, advertisements, writings, etc. showing Germans as the "bad guys". Many examples were left with the Board and are available for review in the Exhibits on hand. While the Board finds that Mr. Zündel'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 believes that what is before it is a much larger problem or struggle between two people i.e. the Germans and the Jews and is reluctant to recommend to the Minister that the interruption of mail service should be continued."

A true copy of the decision of the Board of a Review, dated October 18, 1982, is attached to this my affidavit in Exhibit "E" at page 12. My knowledge of these

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matters derives from reading the transcript of the postal review hearings and the decision of the Board of Review.

(b) Hate Charges: Sabina Citron lobbied to have the applicant charged under the hate crimes law of Canada. The Attorney General of Ontario, Roy McMurtry, refused to consent to hate charges. My knowledge of this derives from media accounts. Attached to this my affidavit and marked Exhibit "H" is a copy of an article from the Toronto Sun entitled "Zionists want charges", dated November 23, 1981.

(c) False News Charges: On November 18, 1983 Sabina Citron, as representative of the Canadian Holocaust Remembrance Association, laid two charges against the applicant of spreading false news under section 177 of the Criminal Code. The consent of the Attorney General was not required for these charges. The charges concerned the two publications, "Did Six Million Really Die?" by Richard Harwood and "The West, War and Islam." The Crown took the charges over and the applicant underwent two lengthy criminal trials in 1985 and 1988. He was acquitted at trial in 1985 on "The West, War and Islam" and acquitted in 1992 on the charge on "Did Six Million Really Die?" when the Supreme Court of Canada struck down the "false news" law as an unconstitutional violation of freedom of expression.

(d) False News Charges: On August 25, 1987, Sabina Citron laid a private charge against the applicant alleging that he had spread false news contrary to the Criminal Code in a radio interview on the CBC Radio Noon Phone-In Hour with David Shatsky on January 30, 1987. In the interview, the applicant repeated his views concerning the history of World War II. The Crown withdrew the Citron charges on September 18, 1987 on the grounds that the applicant's statements constituted opinion not falling within the purview of the false news offence. Attached to this my affidavit in Exhibit "E" at page 17 is a true copy of the Crown transcript withdrawing the charges.

(e) Conspiracy to Incite Hatred and Defamatory Libel Charges: Sabina Citron laid two private criminal charges against the applicant on November 7, 1995; one charge of defamatory libel of Simon Wiesenthal, Deborah Lipstadt, Sol Littman and other named individuals, and the second for conspiracy to incite hatred. The charges were withdrawn by the Crown on March 15, 1996 on the grounds of insufficient evidence. The material provided by Sabina Citron to the Crown had been examined

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by investigators at the Hate Crime Unit of the Metro Toronto Police and senior Crown counsel of the Ministry of the Attorney General having an expertise in analyzing material characterized as hate literature. Attached to this my affidavit in Exhibit "E" at page 21 is a copy of the remarks made by the Crown Attorney in court on March 15, 1996 and released to Mr. Zündel's lawyer, Doug Christie, by the Crown.

(f) Civil Action for Defamation: Sabina Citron issued a Statement of Claim against the applicant for defamation on June 18, 1996 for damages of $ 3.5 million. The allegedly defamatory statements were contained on the Zündelsite. The applicant counterclaimed for damages of $ 8.5 million for malicious prosecution.

The complainant Mayor's Committee on Community and Race Relations:

14. The complainant Mayor's Committee on Community and Race Relations was established by Toronto City Council in 1981. Part of its mandate is to intervene and mediate in situations that have the potential to cause racial or intergroup tensions or social unrest. This mandate to mediate does not exclude Germans.

15. The Mayor's Committee has attempted since 1987 to my knowledge to have the applicant investigated by government agencies or charged under the Criminal Code hate propaganda provisions. These actions included the following:

(a) After the applicant won his appeal to the Ontario Court of Appeal in 1987, which held that the applicant's trial in 1985 was unfair and ordered a new trial, the Mayor's Committee heard speeches from the League for Human Rights of B'nai Brith Canada regarding the implications of the judgment. After the speeches, the following motion was passed by the committee:

"The Toronto Mayor's Committee on Community and Race Relations advise the Attorney-General of Ontario that, in its view, a fear of providing a public forum to Ernst Zündel or any other publisher of 'holocaust denial' material, should play no part in decisions with respect to the vigorous exercise of his prosecutorial discretion. Further, that the Toronto Mayor's Committee on Community and Race Relations urge the Attorney-General to take all steps

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necessary to ensure that the matter does not die and to continue using the discretion of his office to achieve this end."

Attached to this my affidavit and marked Exhibit "I" is a copy of a letter dated February 10, 1987 from the Mayor's Committee secretary to Janice Dembo, Coordinator.

(b) After the applicant's acquittal on charges of spreading "false news" in August of 1992, the Mayor's Committee was reported in the media as supporting a coalition of the League for Human Rights of B'nai Brith and other groups for the purpose of having the applicant charged with new offences under the criminal hate law. Attached to this my affidavit as Exhibit "J" is are copies of articles from the Globe and Mail dated September 11, 1992 entitled "Coalition makes Zundel first target in antiracism campaign", from the Toronto Star of the same date entitled "Charge Zundel under hate law, Ontario urged", from the B'nai Brith Covenant, September 1992, entitled "Posters pressure AG in Zundel case."

(c) In January of 1993, the Mayor's Committee recommended that the City of Toronto adopt a resolution stating that the applicant was a "pro-nazi apologist associated with numerous anti-Semitic, white supremacist, racist group", "one of the world's largest distributors of Holocaust denial material", and urging the Ontario Attorney General to lay new charges against the applicant. The Mayor's Committee stated that "Failure to take further action against Zundel may well leave the impression in the minds of the general public that the Supreme Court ruling has absolved him of all guilt. This, of course, is not the fact." The Mayor's Committee comments continued on to criticize the Crown and public officials. The City Council amended the adopted the recommendations as set out in a letter to the Mayor's Committee dated April 28, 1993 from City Clerk Barbara Caplan. Attached to this my affidavit and marked Exhibit "K" is a copy of the Mayor's Committee recommendations and comments and the letter of the City Clerk.

(d) By letter dated May 11, 1993, June Rowlands, Mayor of Toronto and then chair of the Committee, wrote to the Attorney General of Ontario Marion Boyd urging the minister to lay new charges against the applicant for wilful promotion of hatred and requesting a meeting to discuss the matter. This letter was written shortly after the OPP, with legal advice by Crown counsel, refused to charge the applicant with hate

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on the complaint of the Canadian Jewish Congress. The letter of Mayor June Rowlands dated May 11, 1993 is attached to this my affidavit in Exhibit "E" at page 26,

(e) In a document dated August 9, 1994, the Mayor's Committee listed among its accomplishments having "Repeatedly requested the Ontario Government to charge Ernst Zündel under Section 319 of the Criminal Code." Attached to this my affidavit and marked Exhibit "L" is the August 9, 1994 document.

(f) By letter dated November 24, 1994, the Mayor's Committee again requested to meet with the Attorney General of Ontario, Marion Boyd, "to discuss prosecution of Ernst Zündel with respect to export of hate propaganda in Canada and worldwide." Attached to this my affidavit and marked Exhibit "M" is the letter of November 24, 1994 of the Mayor's Committee.

(g) By letter dated January 3, 1995 to the Attorney General of Ontario Marion Boyd, the Coordinator of the complainant Mayor's Committee, Ms. Janice Dembo, writing on its behalf, expressed its "profound dismay" that the applicant had never been charged with hate. The letter set out various ways of "dealing with" the applicant including hate charges, postal bans, denial of his citizenship application, tax audits and deportation. The letter stated:

"As you are certainly aware, Ernst Zündel is one of the world' leading manufacturers and exporters of hate propaganda.... We believe that there are a variety of methods of dealing with Mr. Zündel's hate propaganda. The first manner of dealing with him would be a criminal investigation and charge under s. 319(2) of the Criminal Code.... There are other legal avenues available to provincial law enforcement officials for dealing with Mr. Zündel. Included in those remedies would be a review of the corporate income tax returns of his company, Samizdat Publishing. Are they paying provincial income tax for all of their sales, both in Ontario and abroad? The provincial sales tax officials could look at the issue of whether sales tax in (sic) being charges on Samizdat materials being sold in Ontario and abroad as well...Section 43 of the Postal Act allows the postal minister the right to make a prohibitory order when there are reasonable grounds to believe that an individual is using the mails to commit an offence or to aid or abet in the

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commission of an offence. That provision could be used to deny the postal privileges of Samizdat or Mr. Zündel...Have you or any members of your cabinet contacted Mr. Marchi, the Minister of Citizenship and Immigration with respect to his citizenship application? If Mr. Zündel is granted Citizenship, Canada will lose the right to deport him...Deportation may be the most expedient method of ridding Canada of Mr. Zündel's noxious influence."

Copies of the letter were sent to Sergio Marchi, then Minister of Citizenship and Immigration, Alan Rock, Minister of Justice and the Honourable Art Eggleton, M.P. and former Mayor of Toronto. The Ontario Attorney General replied to the Mayor's Committee assuring it that the government took hate propaganda very seriously and setting out the initiatives and practices the government has in place. The letter of Ms. Dembo and the reply of the Attorney General is attached to this my affidavit as Exhibit "N".

(h) Mr. Zündel wrote on March 19. 1995 to Toronto Mayor Barbara Hall, present chair of the committee, requesting that she contact him concerning the contents of the January 3, 1995 Dembo letter. He asked on March 17, 1995 to be heard by the committee. By letter dated March 21, 1995, Mayor Barbara Hall indicated that if the committee decided to hear oral submissions in the future it would so inform him. In response, the applicant formally requested by letter dated March 21, 1995 that the committee place him on their agenda at the first possible opportunity to appear as a delegation regarding their activities with respect to him. The applicant was never again notified of any opportunity to speak to the Committee. Attached to this my affidavit as Exhibit "O" are the letters mentioned in this sub-paragraph.

(i) By fax letter dated March 26, 1996 to Mayor Barbara Hall and the Committee, Mayor's Committee member Marvin Kurz asked to put on the agenda of the next committee meeting the matter of a formal complaint to the Canadian Human Rights Commission regarding "Mr. Zündel's discriminatory acts of posting Holocaust denial hate propaganda on the Internet." Mr. Kurz is counsel for the League for Human Rights of B'nai Brith and Chair of its Legal Committee. He argued the case for that organization against the applicant before the Supreme Court of Canada. A copy of the March 26, 1996 letter is attached to this my affidavit in Exhibit "E" at page 32.

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(j) By letter dated May 16, 1996 to Chief Commissioner Max Yalden, the Mayor's Committee informed the Commission that it had decided to lay a formal complaint against the applicant after considering the March 26 communication from Marvin Kurz regarding the applicant. The letter was copied to member of the Commission, Seigmund Reisler (sic) as well as Mervin Whitter, a member of the B'nai Brith Advisory Committee on Combatting Hate Propaganda. A copy of the Mayor's Committee letter is attached to this my affidavit in Exhibit "E" at page 33.

16. The letters and documents referred to by me in paragraph 15 were obtained by me under a Municipal Freedom of Information request from the City of Toronto.

The Canadian Human Rights Commission:

17. By memo dated November 30, 1994, Mr. Harvey Goldberg, Director of Policy and Planning of the Canadian Human Rights Commission, requested a legal opinion from Bill Pentney, counsel for the Commission, on whether messages attached to the memo met the threshold necessary for them to be considered "hate messages" within the meaning of section 13(1) of the Canadian Human Rights Act.. Goldberg stated in the memo:

"[Exempted] postings are typical examples of Holocaust denial. As such, it is my view the material is inherently anti-semitic. It is intended to foment hatred and contempt against the Jewish victims of Nazi persecution and against all Jews who maintain that the Holocaust is an historical fact."

Attached to this my affidavit and marked Exhibit "P" is the Goldberg memo and first few pages of lengthy attachments.

18. In December of 1994, Goldberg posted a notice on the Internet in response to comments made by Commissioner Sigmund Reiser at the December 1994 Commission meeting at which time Reiser expressed concern "about the use of the Internet to disseminate hate propaganda." Reiser is described on the Canadian Human Rights Commission's Internet homepage as "the sole survivor of a family of twenty-one whose other members perished in the Holocaust" who emigrated to Canada in 1949 and "has been involved with B'nai Brith Canada" since 1968. Attached to this my affidavit and marked Exhibit "Q" is the brief biography of Reiser found on the Internet. Attached to this my affidavit and marked Exhibit "R" is a copy of a memo from Donna Balkan,

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Chief External Relations, to Maxwell Yalden, Chief Commissioner of the Commission, re Reiser's comments on hate propaganda.

19. The notice posted on the Internet by Harvey Goldberg in response to Commissioner Reiser's comments was the following:

"The use of the Internet by white supremacists, Holocaust deniers, gay bashers and other elements of the extreme right is a matter of concern to human rights agencies. I work for the Canadian Human Rights Commission. I am currently doing research on the use of the Internet for the propagation of hate material. The purpose of the research is to determine what measures could be considered to control the use of the Net for this type of purpose. I would appreciate hearing from anyone who has any views, information or comments on this subject or who know of anywhere on the Internet where this matter is discussed."

Goldberg received numerous e-mail responses to his message, many of which informed Goldberg that the Internet was a medium of interactive exchanges where debate and discussion were used to destroy the credibility of racists and others, not censorship. Attached to this my affidavit and marked Exhibit "S" is an e-mail reply to Goldberg which repeats his posting.

20. By memo dated March 14, 1995, Harvey Goldberg forwarded copies of the "1994 B'nai Brith Audit of Anti-Semitic Incidents" to M. Yalden, M. Falardeau-Ramsay and J. Hucker. The report was given to Goldberg by Commission member Sigmund Reiser. Goldberg summarized what he termed "interesting analysis and commentary" by B'nai Brith on the applicant as follows:

"In 1994 Canada remained a major centre of Holocaust denial, which is anti-Semitism masquerading as a respectable discipline. Ernst Zündel's Samisdat Publishing continued to operate from Toronto, distributing material (books, newsletters, videotapes) in 15 languages to 40 countries."

Goldberg noted that "Policy Branch maintains on-going liaison with BBC through its Ottawa based Director of Government Relations, Mr. Rubin Friedman." Attached to this

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my affidavit and marked Exhibit "T" is a copy of the Goldberg memo of March 14, 1995.

21. The "1994 B'nai Brith Audio of Anti-Semitic Incidents" referred numerous times to the applicant as follows: as a part of the racist right (p. 2), a person prosecuted for promotion of hate against Jews in the form of Holocaust denial (page 12), a "Holocaust denier" spreading hate on the Internet (p. 17) and a person spreading anti-Semitism through "Holocaust denial" (p. 20). Attached to this my affidavit and marked Exhibit "U" are excerpts from the "Audit" dealing with the applicant.

22. The Policy and Planning Branch produced a report dated March 14, 1995 entitled "The Prohibition of Hate Messages under the Canadian Human Rights Act" which dealt with the Internet. It concluded there was "clear evidence" that individuals and groups were using the Internet for the dissemination of materials that would constitute "hate messages" under section 13. Attached to this my affidavit and marked Exhibit "V" is a copy of the report.

23. By memo dated July 24, 1995 from Harvey Goldberg, Director of Policy and Planning of the Canadian Human Rights Commission, to Commission chairman M. Yalden, M. Falardeau-Ramsay and J. Hucker, Goldberg brought the applicant's initial Webpage "Voice of Freedom" to the attention of the Commission. He wrote:

"Hate on the Internet: As you are aware, there has been considerable discussion recently about the use of the Internet for the propagation of hatred. I thought you would be might be (sic) interested in seeing an example of the type of information that is now easily accessible. The attached material comes from the Voice of Freedom, a World Wide Web 'home page' operated by [deleted under Access statute]...As you will see, the information presented is classic Holocaust denial material."

The attached print-out clearly indicated the applicants name and address on the pages. There is no evidence Mr. Goldberg consulted with any other persons in coming to this conclusion and no evidence he attempted to verify the truth or falsity of the matters written on the Website. Attached to this my affidavit and marked Exhibit "W" is a copy of the Goldberg memo with attachments.

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24. An Ad Hoc Committee, consisting of Gerry Savard, Alwyn Child, Donna Balkan, Michel Paré, Harvey Goldberg and Eddie Taylor was established to monitor and coordinate the Commission activity on the issue of the Internet. Attached to this my affidavit and marked Exhibit "X" is a memo dated September 21, 1995 from the Canadian Human Rights Commission.

25. The documents referred to by me in paragraphs 17 to 24 and attached as exhibits were obtained by me from the Canadian Human Rights Commission under a request made under the Access to Information Act for all documents concerning hate on the Internet.

26. Other documents released to me by the Canadian Human Rights Commission included the speaking notes by Michelle Falardeau-Ramsy, Q.C., of a speech given on November 30, 1995 to the North York Committee on Community, Race and Ethnic Relations entitled "Combatting Hate Propaganda." In it, Ms. Falardeau-Ramsy stated:

"The goal of eliminating racism and hate propaganda is an admirable one, and one which the Canadian Human Rights Commission shares...To some extent I believe Canada has made progress in this regard, there are probably fewer incidents of overt racism today than there were 30 or 40 years ago...But that provides little comfort for those who are targets of the overt acts of racism which still persists, whether we are talking about hate literature, Holocaust denial, or hate-motivated acts of violence. (p. 1)

Section 319(2) of the Code also makes it an offence to wilfully promote hatred against an identifiable group...Unfortunately, both of these provisions of the Criminal Code have been difficult to enforce, and convictions have been few and far between...And we are all well aware of the failure to convict Ernst Zundel under the rarely-used Criminal Code provision regarding the 'spreading false news.'... (p. 2)

Another approach to Internet hate is that taken by Ken McVay, a Vancouver human rights activist who has virtually made a career out of discrediting Holocaust deniers. While Mr. McVay opposes legislation regulating the Internet, he 'polices' the Internet himself by positing material which refutes racist and anti-Semitic positions. He tracks down hate message wherever and whenever they occur, and posts background information on the originator of

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the message, so that other users know that their discussion group has been infiltrated by a hard-core racist." (p. 5)

Attached to this my affidavit and marked Exhibit "Y" are the said speaking notes.

27. Other documents released to me by the Canadian Human Rights Commission under this access request included the speaking notes by Michelle Falardeau-Ramsy, Q.C., then Deputy Chief Commissioner of the Commission (recently appointed Chief Commissioner), of a speech given on March 19, 1996 to the Association Des Civilistes entitled "Hate Propaganda: A Human Rights Perspective." In it, Ms. Falardeau-Ramsy stated:

"Secondly, the Internet is particularly popular with young people, and hate groups are specifically targetting youth as a potential source of recruits. And from a technological perspective, Internet hate poses different problems than hate on the telephone, since the originators of internet messages are more difficult to trace and often operate outside Canada. For example, when Ernst Zündel's Internet access provider cancelled his account because of the content of his messages, he quickly set up an account with another company. And we are already seeing the emergence of offshore Internet access providers who set up shop to help pornographers and hatemongers users get around laws in the U.S., Canada and Europe; one such company has surfaced on the Caribbean Island of Anguilla. (pp. 10-11)

Another approach to Internet hate is that taken by Ken McVay, a Vancouver human rights activist who has virtually made a career out of discrediting Holocaust deniers. While Mr. McVay opposes legislation regulating the Internet, he 'polices' the Internet himself by posting material which refutes racist and anti-Semitic positions. He tracks down hate message wherever and when ever they occur, and posts background information on the originator of the message, so that other users know that their discussion group has been infiltrated by a hard-core racist." (pp. 13-14)

Attached to this my affidavit and marked Exhibit "Z" are the said speaking notes.

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28. The documents released to me by the Canadian Human Rights Commission included print-outs from the Zündelsite of the article "66 Questions and Answers on the Holocaust" (printed out on October 12, 1995 as well as on March 15, 1996), "Jewish Soap" which was printed out on October 12, 1995 and "Did Six Million Really Die?" (print-out date unknown).

29. By memo dated December 12, 1995, Michel Paré distributed a memo at the Commission to the Senior Management Committee with an attachment "of a B'nai Brith pamphlet which Ms. Reiser recently brought to the Commission's attention. The pamphlet talks about the establishment of a telephone hotline which people across the country can use to report hate-based violence and propaganda." Attached to this my affidavit and marked Exhibit "AA" is the memo with attachment released to me under the Access to Information Act by the Commission.

30. By memo dated March 21, 1996, Michel Paré distributed a memo at the Commission on the B'nai Brith 1995 Audit of Anti-Semitic incidents given to him by Mervin Witter of the B'nai Brith Advisory Committee on Combatting Hate Propaganda. A copy of B'nai Brith's news release was attached for the information of those on the distribution list. The news release accused the applicant of publishing "hate" and called for his prosecution under the hate laws. Attached to this my affidavit and marked Exhibit "BB" is a copy of the memo with attachment released to me under the Access to Information Act by the Commission.

31. The Canadian Human Rights Commission also had on file copies of the newsletters of "The Nizkor Project" run by Ken McVay of British Columbia. The site is dedicated to protecting "the memory of those who died at the hands of the Nazi regime." According to the newsletter, "Nizkor" is a Hebrew word which means "We will remember." The Canadian Human Rights Commission received the December 1995 and June 1996 issues. The Nizkor Website is linked to the Zündelsite and dedicated to refuting its viewpoint. Attached to this my affidavit and marked Exhibit "CC" are the Nizkor newsletters.

32. The League for Human Rights of B'nai Brith Canada has attempted to have the applicant charged with criminal offences and/or deported from Canada for many years. It intervened in the Supreme Court of Canada in the Zündel case to argue for the constitutionality of the criminal "false news" law. B'nai Brith never attempts to refute the views of the applicant by information or debate or discussion. It seeks instead to

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criminalize the applicant's views as "hate." Attached to this my affidavit and marked Exhibit "DD" is a copy of a poster and newspaper advertisement entitled "Help Stop Zundel" that was part of a campaign supported by the Mayor's Committee. It accurately shows B'nai Brith's position on the applicant and his views.

33. From the numerous documents I obtained from the Canadian Human Rights Commission, none indicated that there was any attempt by the Commission, or any branches thereof, to verify the truth or falsity of views or facts termed "Holocaust denial" hate by Mr. Goldberg. There is no evidence the Commission, or any branches thereof, at any time consulted with German groups or organizations. If these documents exist, they were not released under the Access to Information Act to me.

DATED on this 16th day of December, 1996.

[signed]
BARBARA KULASZKA

Sworn before me at the Town of
Brighton, Province of Ontario,
this 16th day of December, 1996.

[signed]
Commissioner for Taking Affidavits, etc.
[written: Cynthia J Weaver, Lawyer]

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