Anti-semitism: Myth and Hate from Antiquity to the Present

CANADA’S ATTEMPTS TO CURB ERNST ZÜNDEL
ever, magnifies this problem and arguably makes it much easier to avoid the
ultimate goal of eliminating the material from telephonic communication.
[299] Nonetheless, as a Tribunal we are charged with the responsibility of
determining the complaints referred to us, and then making an Order if we
find that the Respondent has engaged in a discriminatory practise. We cannot
be unduly influenced in this case by what others might do once we issue our
Order. The Commission, or individual complainants, can elect to file other
complaints, or respond in any other manner that they consider appropriate
should they believe that there has been a further contravention of the Act.
[300] Any remedy awarded by this, or any Tribunal, will inevitably serve a
number of purposes: prevention and elimination of discriminatory practises is
only one of the outcomes flowing from an Order issued as a consequence of
these proceedings. There is also a significant symbolic value in the public denunciation
of the actions that are the subject of this complaint. Similarly,
there is the potential educative and ultimately larger preventative benefit that
can be achieved by open discussion of the principles enunciated in this or any
Tribunal decision.
[301] Parliament, on behalf of all Canadians, has determined that the telephonic
communication of hate messages is not to be tolerated in our society.
In our view, the victims of hate are entitled to obtain the benefit of the full
weight of our authority.
[302] We have determined that the Respondent Ernst Zündel has engaged
in a discriminatory practise by posting material to his website that is likely to
expose Jews to hatred or contempt, and the granting of the remedy requested
is warranted and appropriate.
[303] We therefore order that the Respondent, Ernst Zündel, and any other
individuals who act in the name of, or in concert with Ernst Zündel cease the
discriminatory practise of communicating telephonically or causing to be
communicated telephonically by means of the facilities of a telecommunication
undertaking within the legislative authority of Parliament, matters of the
type contained in Exhibit HR-2 and found on the Zundelsite, or any other
messages of a substantially similar form or content that are likely to expose a
person or persons to hatred or contempt by reason of the fact that that person
or persons are identifiable on the basis of a prohibited ground of discrimination,
contrary to s. 13(1) of the Canadian Human Rights Act.
Signed by: Claude Pensa, Chairperson of the Tribunal,
and Reva Devins, Member.
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