Date: Subject of Ruling and / or Motion:
1996
Nov. 22/96 CHRC refers case to the Tribunal
Dec. 12/96 Respondent filed motion with Federal Court, Trial Division to stay proceedings. (File T2765-96)
1997
May 26/97 First day of Hearing
May 26/97 Tribunal ruling on Respondent's request to hear viva voce evidence during submissions on preliminary motion to stay the proceedings. ">(Ruling on the record)
May 27/97 Tribunal ruling on Respondent's motion to stay the proceedings.
Motion denied. (Ruling on the record)
May 27/97 Tribunal reserves ruling on request from the League for B'nai Brith Canada, Canadian Holocaust Association and the Simon Wiesenthal Centre for interested party status.
June 19/97 Tribunal ruling on request from the League for B'nai Brith Canada, Canadian Holocaust Remembrance Association and the Simon Wiesenthal Centre for interested party status. Request granted. (See book of rulings #1)
June 19/97 Practice direction issued by the Tribunal re: disclosure and expert reports. (See book of rulings #2)
Sept. 25/97 Supplementary Practice Direction re: 10 day rule. (See book of rulings #3)
Oct.14/97 Tribunal ruling on request from the Canadian Jewish Congress for interested party status. Request granted. (Ruling on the record)
Oct. 14/97 Tribunal ruling on Tribunal Members' support or link to any of the complainants or interested party organizations. Tribunal provides no response on the issue. (Ruling on the record)
Oct. 17/97 Tribunal ruling on request to allow the introduction of a witness (CHRC witness: Irene Zündel) to appear out of order due to security concerns. Request granted. (Ruling on the record)
Nov. 18/97 Tribunal ruling on Respondent's objection to the testimony of Dr. G. Prideaux. Testimony allowed. (See book of rulings #4)
Dec. 15/97 Tribunal ruling on interested party application by Marc Lemire and the Canadian Association for Free Expression Inc. Request from Marc Lemire denied. Canadian Association for Free Expression Inc. granted interested party status. (Ruling on the record)
Dec. 17/97 Tribunal ruling on questions being asked of witness Barbara Hall regarding the Anti-Racism Association. (Ruling on the record)
Dec. 19/97 Ruling on types of questions allowed by Mr. Freiman during re-examination of Mrs. Zündel. (Ruling on the record)
1998
Apr. 8/98 Tribunal reserved ruling on application to stay proceedings as a result of the proposed reference in the Mills case and the McGillis decision in Bell Canada. (Note: Mills reference was never filed).
Apr. 22/98 Tribunal ruling on Respondent's application to stay proceedings as a result of the McGillis decision in Bell Canada. Application is denied. (See book of rulings #5)
May 5/98 Federal Court, Trial Division, dismissed motion to stay proceedings filed by the Respondent on Dec. 16/96. (File T-2765-96)
May 11/98 Tribunal Ruling on the acceptance of Dr. F. Schweitzer as an expert in Jewish history and anti-Semitism. Witness accepted as an expert. (Ruling on the record)
May 12/98 Respondent filed motion with the Federal Court, Trial Division re: Tribunal's ruling dated Apr. 22/98 (dismissal of complaint/stay proceedings-pursuant to Justice McGillis' decision in Bell). (File T-992-098)
May 14/98 Tribunal ruling on the question of admissibility of questions being asked of Dr. Schweitzer during cross-examination. (Ruling on the record)
May 15/98 Further Tribunal ruling on the line of questions asked during cross-examination of Dr. Schweitzer. Questions should be in line with the witness' expertise. (Ruling on the record)
May 15/98 Tribunal reserved ruling on the issue of Truth is not a defence.
May 25/98 Tribunal ruling on types of questions being asked of Dr. Schweitzer during cross-examination. (Ruling on the record)
June 2/98 Tribunal ruling on qualification of Dr. Alexander Jacobs as an expert in the field of anti-Semitism. Request denied. (Ruling on the record)
June 8/98 Respondent filed motion with the Federal Court, Trial Division re: Tribunal Ruling dated May 25/98 (Truth is not a defence). (File T-1154-98)
June 8/98 Tribunal ruling on the qualification of Dr. Robert Countess. Witness not qualified as an expert. (See book of rulings #7)
June 8/98 Respondent filed motion with the Federal Court, Trial Division re: Tribunal Bench ruling rendered on June 2/98 (Qualification of Dr. Jacobs). >(File T-1155-98)
June 9/98 Witness is not an expert, testimony should be on fact evidence, not expert opinion. (Ruling on the record)
June 10/98 Tribunal reserves ruling on the issue of bias, public statements made concerning Mr. Zündel by the Ontario Human Rights Commission. Member Devins was a member of the Ontario Human Rights Commission at that time.
June 18/98 Tribunal ruling on issue of bias of Tribunal Member Devins. Motion denied. (See book of rulings #8)
July 10/98 Respondent filed motion with Federal Court, Trial Division, re: Tribunal Ruling dated June 18/98 (Apprehension of bias - R. Devins). >(File T-1411-98)
Nov. 12/98 Tribunal ruling on amendments to the CHRA and how they apply to these proceedings. (Ruling on the record)
Nov. 12/98 Tribunal ruling on request for subpoenas for S. Citron, B. Kayfetz, Mayor Lastman and D. Jones. Request denied. (Ruling on the record)
Nov. 12/98 Motion by Mr. Christie re: Institutional Bias, Tribunal to hear submissions on motion on Dec. 9/98.
Nov. 12/98 Tribunal ruling on the Mission Statement for Electronic Frontier Canada. Statement not allowed in evidence. (Ruling on the record)
Dec. 7/98 Tribunal hears Respondent motion regarding the effect of Member Jain's resignation.
Dec. 9/98 Tribunal reserved ruling on the issue of Mr. Jain's resignation as a member of the Panel.
Dec. 10/98 Tribunal deferred ruling on the qualification of Mr. Weber as an expert witness to Dec. 15/98.
Dec. 15/98 Tribunal ruling on the resignation of Harish Jain, motion dismissed. (Ruling on the record)
Dec. 15/98 Tribunal ruling on the Qualification of Mark Weber as an expert. Mr. Weber is accepted as an Holocaust Revisionist for the purpose of establishing how the Holocaust Revisionist Community operates, etc. (Ruling on the record)
Dec. 15/98 Tribunal reserved ruling on the question of institutional bias.
Dec. 18/98 Tribunal reserved ruling on the qualification of Dr. Faurisson as an expert to refute Dr. Prideaux's analysis of the Zundelsite.
1999
Jan. 21/99 Tribunal ruling on the qualification of Dr. Faurisson as an expert to refute Dr. Prideaux's analysis of the Zundelsite. (See book of rulings #9)
Jan 21/99 Tribunal Ruling on Reasonable apprehension of bias based on wording of sec. 48.1(2) of CHRA, in force in 1998. (See book of ruling #10)
Mar. 23/99 Federal Court quashed Respondent's motion (No. T-992-98) re: Tribunal's ruling dated Apr. 22/98. (Dismissal of complaint/stay of proceedings /McGillis Decision in Bell Canada)
Apr. 13/99 Federal Court quashed Motion (File T-1154-98) re: Tribunal's ruling dated May 25/98 (Truth is not a defence).
Apr. 13/99 Federal Court quashed Respondent Motion (File T-1155-98) re: Tribunal's Bench ruling dated June 2/98 (Qualification of Dr. Jacobs).
Apr. 13/99 Federal court upheld Respondent Motion (File T-1411-98) re: Tribunal ruling dated June 18/98 (Apprehension of bias - R. Devins).
Apr. 15/99 Hearing adjourned sine die.
Apr. 22/99 Simon Wiesenthal Centre filed motion with the Federal Court of Appeal to review decision of the F.C. Trial Division re: Apprehension of bias -Member Devins (File T-1411-98). CHRC, Complainants, Canadian Holocaust Association and League for B'Nai Brith to participate. (File A-253-99)
June 15, 1999 Federal Court Trial Division dismisses Respondent application to review the decision of the Canadian Human Rights Commission to refer these complaints to the Canadian Human Rights Tribunal.
2000
May 18/00 Federal Court of Appeal upheld motion filed by the Simon Wiesenthal Centre re: Apprehension of bias - Member Devins (File A-253-99). Matter remitted to Tribunal for completion of hearing.
Oct. 4/00 Hearing resumed.
Oct.5/00 Tribunal ruling on questions to Mr. Weber in direct-examination. Examination is limited to the revisionism theme only, as per the Tribunal's ruling of Dec. 15/98. (Ruling on the record)
Oct. 5/00 Tribunal ruling on admissibility of Respondent documents. Documents will be entered on the record and filed as the Respondent's next exhibits. Counsel will not be permitted to examine on these exhibits. (Ruling on the record)
Nov. 9/00 Tribunal ruling on Respondent's request for an adjournment of the hearing until the Federal Court of Appeal rules on Justice Evans' decision rendered June 15, 1999. Request for an adjournment denied. (Ruling on the record)
Nov. 9/00 Tribunal ruling on Respondent Counsel's request to proceed with the constitutionality motion by way of affidavits. Request denied. (Ruling on the record)
Nov. 9/00 Tribunal ruling on the qualification of Dr. Martin as an expert in history. Request is denied. Witness not accepted as an expert. (Ruling on the record)
Nov. 13/01 Respondent files Notice of Motion challenging the constitutionality of s. 13(1) of the Canadian Human Rights Act.
Nov.27/00 Tribunal Chairperson reads, for the record, the reasons for the Tribunal's ruling rendered on Nov. 9/00 with regard to the qualification of Dr. Martin
Nov. 28/00 Tribunal ruling on Mr. Fromm's (Interested Party - Canadian Association for Free Expression) request to re-call Bernard Klatt as a witness. Request granted with certain restrictions as per Counsel' submissions. (Ruling on the record)
Dec.5/00 Tribunal ruling on the qualification of Kevin Michael Grace, called by Mr. Fromm as an expert in journalism. Witness is accepted as an expert in journalism. (Ruling on the record)
Dec. 6/00 Tribunal ruling on the qualification of Professor Heinz-Joachim Klatt, called by Mr. Fromm as an expert in languages, linguistic and freedom of speech. Witness is not accepted as an expert. (Ruling on the record)
Dec. 7/00 End of the presentation of evidence on both the merits and the constitutionality issue. Hearing to proceed to final argument on both issues by way of written and final argument. (Schedule established by Tribunal)
2001
Feb. 26/01 Final oral submissions (3-days)
Feb. 28/01 Decision on both the merits and the constitutionality issue reserved.
[ Reasons for Decision ]
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