The Charge
Ernst Zündel was charged on 18 November 1983 under section 177
of the Criminal Code of Canada which provides:
Every one who wilfully publishes a statement, tale or news that he knows
is false and that causes or is likely to cause injury or mischief to a
public interest is guilty of an indictable offence and liable to imprisonment
for a term not exceeding two years.
The charge was originally laid under a private complaint by Canadian Holocaust
Remembrance Association founder Sabina Citron. The carriage of the charge
was later assumed by the Crown, however, under an indictment dated 26 July
1984 which read as follows:
1. Ernst Zündel stands charged that he, during the year 1981, at the
Municipality of Metropolitan Toronto in the Judicial District of York,
did publish a statement or tale that he knows is false, namely the article
"The West, War, and Islam", and the said article is likely to
cause mischief to the public interest in social and racial tolerance, contrary
to the Criminal Code.
2. Ernst Zündel stands further charged that he, in or about the year
1981, at the Municipality of Metropolitan Toronto in the Judicial District
of York, did publish a statement or tale, namely "Did Six Million
Really Die?" that he knows is false and that is likely to cause mischief
to the public interest in social and racial tolerance, contrary to the
Criminal Code.
On 28 February 1985, after a thirty-nine day trial, Zündel was acquitted
on the charge concerning The West, War and Islam but convicted on the charge
concerning Did Six Million Really Die?. The conviction was overturned on
appeal to the Ontario Court of Appeal on 23 January 1987 and a new trial
was ordered.
The second trial of Zündel, which concerned only the booklet Did Six
Million Really Die?, commenced on 18 January 1988. This book summarizes
the evidence that was heard at the second trial over a period of three
months. The last witness appeared on 26 April 1988.
The case was heard before District Court Judge Ron Thomas. Appearing for
the Crown were attorneys John Pearson and Catherine White. Acting for the
accused, Ernst Zündel, was defence attorney Douglas H. Christie.
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concepts expressed in this document are protected by the basic human
right to freedom of speech, as guaranteed by the First Amendment of the
Constitution of the United States, reaffirmed by the U.S. Supreme Court
as applying to the Internet content on June 26, 1997. |
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