Notes

1. Formerly S. 177, now S. 181, Criminal Code of Canada.

2. Richard Harrwood [alias Richard Verrall] Did Six Million Really
Die? (Toronto: Samisdat. n.d.) p. 4.

3. See the "Report of the Board of Review Appointed to Inquire into
the Facts and Circumstances Surrounding the Interim Prohibitory
Order" on Samisdat Publishers Ltd., October 18, 1982, in Toronto
Jewish Congress/Canadian Jewish Congress, Ontario Region Archives,
JCRC papers MG8/S-Ernst Zundel (hereafter referred to as
TJC-JCRC-Zundel).

4. Formerly S.281.1-281.3. now Ss. 318, 319 and 320 of the Criminal
Code of Canada.

5. Cal Millar, "Man Who Claims Holocaust Never Happened Facing
Charge," The Toronto Star, December 7, 1983 in TJC-JCRC-Zundel.

6. Michael Tenstzen. "Man Charged by Auschwitz Survivor," The Globe
and Mail, December 7. 1983, p. 3. Kelly McParland, "Weak Laws Let
Have Peddlers Flourish, Critics Say," The Toronto Star, October 13,
1983, p. A24. Both in TJC-JCRC-Zundel.

7. Alan Davies. "A Tale of Two Trials: Antiseminsm in Canada 1985."
Holosaust and Genocide Studies 4.1 (1989): 77.

8. Lerter to the editor from Zundel to Canadian Lawyer (May 1986): 5.
in TIC-JCRC-Zundel. At the time of writing Christie had most recently
appeared before the Supreme Court of Canada, representing Ross in
late November and Taylor and Keegstra in early December 1989. Finta
was acquitted at his trial.

9. See, for example, Peter K. McWilliams, Canadian Criminal Evidence,
3rd ed. (Aurora, ON: Canada Law Book. 1988). p. 24-1; R. v. Zundel,
in Criminal Reports. 3rd series. vol. 56, editor-in-chief Don Stuart
(Toronto: Carswell, 1987), p. 55 and Ronald Joseph Delisle. Evidence:
Principles and Problems (Toronto: Carswell 1984), p. 90.

10. Paul Lungen, "Zundel: 'I Won', Despite Conviction," The Canadian
Jewish News, March 7, 1985

11. Kirk Makin, "Zundel Guilty but Unrepentant," The Globe and Mail,
March 1, 1985.

12. See Gabriel Weimann and Conrad Winn, Hate on Trial: The Zundel
Affair, The Media and Public Opinion in Canada (Oakville: Mosaic
Press 1986).

13. See Manuel Prutschi. "Zundel Verdict Validated Use of 'False
News' Law," The Canadian Jewish News, February 19, 1987.

14. Ernst Zundel graphic arts/photo retouching grade record (March
23) diploma (March 31,1956), attached to his application to Canadian
Jewish Congress (CJC) for position of Director of Holocaust
Documentation Bank Project, all attached to CJC memo, with
enclosures. Rebecca Rosenberg (National Holosaust Remembrance
Committee) to Ben Kayfetz, May 11, 1981 in TJC-JCRC-Zundel. Zundel's
"The Hitler We Loved and Why" is inappropriately titled, since he had
no real personal experience of Hitler at all. At his first trial he
claimed that he only provided the photographs.

15. Michael Tenstzen, "Hate Literature Factory in a Congenial
Setting," The Globe and Mail, December 6, 1983, in TJC-JCRC- Zundel.

16. Two-page memo from B. G. Kayfetz to Rabbi Jordan Pearlson
summarizing "Zundel's autobiography," including a number of direct
quotations, January 25, 1982. Kayfetz had received a copy of the
64-page Zundel autobiography from Canada Post, for analysis, in
TJC-JCRC-Zundel.

17. Zundel letter of application (April 10, 1981), re Directorship
Holocaust Bank Documenution Project (see n. 14, above).

18. Memo Kayfetz to Pearlson, "Zundel's autobiography" (n. 16,
above).

19. Ibid.

20. Ibid.

21. Ibid.

22. Christof Friedrich and Eric Thomson, The Hitler We Loved and Why
(Reedy, WV: White Power Publications, 1977), pp. 20, 23 in
TJC-JCRC-Zundel.

23. Memo, Kayfetz to Pearlson, "Zundel autobiography."

24. The Toronto Star, daily feature What Ever Became of...?" by
Hanoch Borda, attached to memo B. G. Kayfetz to J. C. Horwitz and
Rabbi Jordan Pearlson, "Re: Ernst Zundel" July 20, 1976, in
TJC-JCRC-Zundel.

25. Memo, Kayfetz to Pearlson. "Zundel autobiography"

26. Photocopy of advertisement submitted as part of his curriculum
vitae by Zundel to CJC re job application. Holocaust Documentation
Bank Project (see n. 14, above).

27. Zundel flyer "Truth-Declassified," addressed to "Dear UFO
Researcher." Part of enclosures re letter from B. G. Kayfetz to
Morris Saltzman (CJC Vancouver) March 29, 1977, in TJC-JCRC-Zundel.

28. Ibid.

29. Ibid.

30. Tenstzen, "Hate Literature Factory."

31. Mark Bonokoski, "Neo Nazi Leads Protest," The Toronto Sun, April
19, 1978 p. 16, in TJC-JCRC-Zundel.

32. Borda, "What Ever Became of...?"

33. Unidentified newspaper article reproduced in Zundel flyer headed
"Achtung: Act Now-Prevent Pogroms Later," and attached to a letter to
a subscriber from Eric Murray, an official with Concerned Parents of
German Descent, March 14, 1979 in TJC-JCRC-Zundel.

34. Zundel flyer addressed to "Comrades" and beneath his signature he
refers to his organization as SAMISDAT/COMBAT GROUP ZUNDEL, in
TJC-JCRC-Zundel.

35. See, for but one example, flyer headlined "Dear Member of
Parliament you are being lied to...," and flyer, "Dissent is not
hate. The 'Holocaust' is a hoax!" both part of a packet of Zundel
materials attached to memo Bob Willmot (Canada Israel Committee) to
Mark Silverberg (CJC Vancouver) cc'd to Ben Kayfetz, Ottawa April 19,
1984, in TJC-JCRC-Zundel.

36. Zundel flyer on letterhead of Concerned Parents of German Descent
addressed "To Our Fellow Canadians" [1979?], in TJC-JCRC-Zundel.

37. Zundel flyer addressed "To the People of Canada" and headlined
"Attorney General Attempts Cover-Up and Censorship," attached to memo
from B. G. Kayfetz to Morley Wolfe re "Zundel," December 3, 1979, in
TJC-JCRC-Zundel.

38. Zundel flyer titled "Is This 'Racism' or 'Hate'?" addressed to
politicians, media clergy and educators as "A Final Appeal for Help!"
attached to memo Kayfetz to M. Wolfe re "Zundel" ibid.

39. Zundel flyer headlined "Who Are the Hatemongers, Agitators and
Terrorists in Toronto?" p. 4 responding to an anti-Zundel march by
the Jewish community, May 31, 1981, in TJC-JCRC-Zundel.

40. Ibid.

41. Memo, B. G. Kayfetz to Rabbi Jordan Pearlson and four others, re
"Zundel's German Material," June 10, 1981, p. 2. It is a "precis"
with, in some cases, "direct translation" by Kayfetz of four Zundel
items, all bearing the title "Samisdat" in one form or another made
available to CJC by West German Consulate. Covering memo plus six
pages of text in TJC-JCRC-Zundel.

42. Ibid.

43. Ibid.

44. Ibid.

45. Rene Jean Ravault, "A Content Analysis of Two Mailed 'Messages'
Written by Mr. Ernst Zundel (Samisdat)" February 1982, p. 16, in
TJC-JCRC-Zundel. Ravault is quoting from p. 1 of Backlash. The other
publication analyzed was The West, War and Islam. Dr. Ravault, a
Professor of Communisations at the Universiry of Quebec in Montreal
did the analysis for Canada Post re the hearings into Zundel's mail
ban, February-March 1982.

46. Ibid. p. 11.

47. Ibid. p. 28.

48. However, these Jews are far from denying the Holocaust. Thus
Richard Ahrens, in a press clipping that Zundel himself has
reproduced refers to "the massacre of Jews under Hitler in World War
II," and declares unequivocally: "I saw some of the death camps." Yet
Zundel, unfazed, includes this press clipping as part of a Holocaust
denial mailing!

49. See p. 2. For a text of the law, refer to Pocket Criminal Code
1990, ed. Gary P. Rodrigues (Toronto: Carswell. 1989), pp. 166-68.

50. Zundel flyer, attached to memo. Kayfetz to M. Wolfe re "Zundel,"
December 3, 1979 (see above. n. 37).

51. Ibid.

52. Zundel flyer, "Let's Take a Closer Look," addressed to
politicians, p. 4, headlined "Battle Royal Between Zundel and
Zionists?" in TJC-JCRC-Zundel.

53. Third page of flyer "Dissent Is Not Hate," etc., part of packet
attached to memo from Willmot to Silverberg, cc'd to Kayfetz (see
above, n. 35).

54. P. 2 of Zundel circular headlined: "Kaplan: Justice, Vengeance or
Hate?" attached to note from J. S. Midanik, Q.C. to Ben Kayfetz, July
7, 1980, in TJC-JCRC-Zundel.

55. Reverse side of flyer on letterhead of The German-Jewish
Historisal Commission titled "A Challenge to Simon Wiesenthal!" in
TJC-JCRC-Zundel. The question of Demjanjuk's identity has not been
settled by the Israeli courts.

[Transcriptor's Note:  The Israeli court later confirmed that
Demjanjuk was indeed an SS guard at Treblinka, but not the infamous
"Ivan the Terrible."
http://www.nizkor.org/ftp.cgi?people/d/demjanjuk.john ]

56. Zundel flyer with Star of David on one side and symbol for poison
on the other, titled "Hate, the 'New' Poison," p. 6 [late 1983] in
TJC-JCRC-Zundel.

57. Ibid.

58. Ibid., p. 10.

59. Memo, Kayfetz to Pearlson et al.. "Zundel's German mat'l." June
10, 1981, p. 5 (see above, n. 41).

60. Ibid., p. 3

61. Copy of six-page catalogue offerings from Samisdat Publishers,
attached to letter from a Universiry of Chicago Professor of Medicine
(who received the material unsolicited) to the FBI in Washington and
cc'd to B'nai B'rith Anti-Defamation League, in TJC-JCRC-Zundel.

62. The Mirror, October 10, 1979, copy of press clipping attached to
letter from Shirlee Fox (Atlantic Jewish Council) to Ben Kayfetz,
November 30, 1979 in TJC-JCRC-Zundel.

63. So reported Shelley Kesselman, when covering Zundel's postal
hearing for the Ottawa Jewish Bulletin and Review. March 19, 1982, p.
2.

64. Pat Cunningham. "Mail-Order Fascism Rewrites History," in The
Toronto Clarion, November 28-December 11 [1979?], in TJC-JCRC-Zundel.

65. Text of exchange in the Bundestag as translated by Ben Kayfetz,
attached to memo from Ben Kayfetz to Rabbi Jordan Pearlson re
"Zundel," May 11, 1981, in TJC-JCRC-Zundel.

66. Copy of letter, as translated by Ben Kayfetz, attached to ibid.

67. Paul Hofman, "Austria's Jewish Question." in the New York Times
Magazine, May 3, 1981, p. 144. Attached to memo from Ben Kayfetz to
Jordan Pearlson, June 16, 1981, in TJC-JCRC-Zundel.

68. In "Zundel's German material," p. 4 attached to memo from Kayfetz
to Pearlson et al., June 10, 1981 (see above, n. 41).

69. Geonze Jahn, "Bonn Fears Extremists Being Supported from Abroad,"
The Globe and Mail, October 30, 1981, p. 16. in TJC-JCRC-Zundel.

70. In "Zundel's German Mat'l," p. 5. attached to memo, Kayfetz to
Pearlson, et al. (see above, n. 41).

71. Zundel flyer/invitation in German. on obverse side announcing
program for June 4 and 5, 1983, attached to English translation by
Ben Kayfetz, in TJC-JCRC-Zundel.

72. See Zundel flyer attached to memo from B. G. Kayfetz to Rabbi J.
Pearlson and R. L. Ronson re "Zundel," August 20, 1979 and exchange
of correspondence between Kayfetz and Milton Ellerin (American Jewish
Committee), August 8 and 15, 1979, in TJC-JCRC-Zundel.

73 Zundel flyer on letterhead of The German-Jewish Historical
Commission announcing the Commission's founding, with Zundel as
"Director and Spokesman" and "Prof." R. G. Dommerque as "Research
Analyst (France)." For specific reference see reverse side of flyer.
In TJC-JCRC-Zundel.

74. "German Raids Find Metro Nazi Propaganda," The Toronto Star,
March 25, 1981, p. A25 (UPI wire story) in TJC-JCRC-Zundel.

75. Ibid.; Dick Chapman "Metro Man Branded a Nazi" The Toronto Sun,
March 25, 1981, p. 22; "City Man Link to Nazis" The Toronto Sun,
March 30, 1981, p. 27; Jahn "Bonn Fears Extremists," p. 16; and
Bonokoski, "Neo Nazi Leads Toronto Protest."

76. In Zundel's German material, p. 4 attached to memo Kayfetz to
Pearlson et al., June 10, 1981 (see above n. 41).

77. Letter from Ernst Nielsen, "Student of History," to William J.
Callahan, Chairman, Department of History, University of Toronto,
November 10, 1980, turned into Zundel flyer headlined "Race Hatred
Taught at University of Toronto," p. 2, attached to letter from Ray
D. Wolfe to Ben Kayfetz, January 13, 1981, in TJC-JCRC-Zundel.

78. Ibid.

79. Ibid., p. 1.

80. Ibid., p. 2.

81. Ibid., p. 1.

82. Zundel flyer likewise attached to letter from R. D. Wolfe to
Kayfetz January 13, 1981, (see above, n. 77).

83. Ibid.

84. Zundel letter of application April 10, 1981, re Holocaust
Documentation Bank Project.

85. Ibid.

86. Zundel letter on German-Jewish Historical Commission letterhead,
September 14, 1981, in TJC-JCRC-Zundel.

87. Zundel letter on German-Jewish Historical Commission letterhead,
with attachments, to Rabbi W. Gunther Plaut, c/o The Canadian Jewish
News. September 1 1981, in TJC-JCRC-Zundel.

88. Zundel letter on German-Jewish Historical Commission letterhead
with attachments, to Professor M. Marrus, c/o History Department,
University of Toronto, September 14, 1981, attached to letter from
Michael M. Marrus to Ben Kayfetz, September 24, 1981, in
TJC-JCRC-Zundel.

89. Zundel letter in German to Rabbi Plaut [probably June 1981] on
plain white paper and signed "the non-hater." Zundel letter on plain
white paper to "The Directors, The Canadian Jewish Congress,"
November 4, 1982, in TJC-JCRC-Zundel.

90. Ibid.

91. Zundel letter artached to blue covering note sent by a recipient
to Ben Kayfetz, p. 1, in TJC-JCRC-Zundel.

92. Ibid., p. 6.

93. Ibid.

94. Copy of a letter from B. G. Kaytetz to Mark Silverberg in
Edmonton, April 16,1979, in TJC-JCRC-Zundel.

95. Bonokoski, "Neo-Nazi Leads Toronto Protest."

96. Friedrich and Thomson. The Hitler We Loved and Why, pp. 72.78.

97. Ibid., p. 83.

98. Ibid., pp. 77, 86.

99. Ibid., p. 116.

100. Tensrzen, "Hate Literature Factory."

101. Reproduced on a Zundel flyer, the obverse side of which bears
the Ietterhead of the "Western Unity Movement" and the inscnption
"There is a world to be conquered together, or to be lost alone," in
TJC-JCRC-Zundel.

102. Reproduced on Zundel flyer, the obverse side of which has the
letterhead of Concerned Parents of German Descent and the inscription
at the foot of it "Only the Blind Can't See," in TJC-JCRC-Zundel.

103. Second page of flyer, "Dissent Is Not Hate," etc., part of
packet attached to memo, Willmot to Silverberg, April 19, 1984, (see
above, n. 35).

104. Manuel Prutschi, "Holocaust Denial Today," in Canadian Jewry
Today: Who's Who in Canadian Jewry, ed. Edmond Y. Lipsitz (Downsvicw.
ON: J.E.S.L. Educational Product,1989), p.31.

105. Reproduced in a Zundel flyer attached to letter from Eric Murray
of Concerned Parents of German Descent to a subscriber, March 14,
1979 (see above, n. 33).

106. Tensrzen, "Hate Literature Factory."

107. Chapman, "Metro Man Branded a Nazi."

                              Work Cited

Prutschi, Manuel. "The Zundel Affair," in Davies, Alan, Ed.
Antisemitism in Canada: History & Interpretation. Waterloo, Ontario:
Wilfrid Laurier University Press, 1992, pp. 249-277. Courtesy
Canadian Jewish Congress.

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