|City Clerk's Department
Office of the Clerk
|Barbara G. Caplan
Sydney K. Baxter
Deputy City Clerk
100 Queen St. W.
Marbeth Greer, 392-0476
Please refer to: 94-08.15
January 3, 1995
The Honourable Marion Boyd
Attorney General Office of the Attorney General
720 Bay Street, 11th Floor Toronto, M5G 1K1
Dear Madam Minister:
I am writing this letter on behalf of the Toronto Mayor's Committee on Community and Race Relations to express our profound dismay regarding the lack of legal action that has been taken regarding Ernst Zundel.
As you certainly know, Ernst Zundel is one of the world's leading manufacturers and exporters of hate propaganda. In addition, the German government has complained on several occasions that Canada allows Mr. Zundel to export his hate propaganda to Germany with impunity.
We believe that there are a variety of methods of dealing with Mr. Zundel'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. We wish to be assured that a proper investigation is ongoing with regard to Mr. Zundel, and that the Crown Attorney's office is actively reviewing the possibility of laying criminal charges against Mr. Zundel. We would like to know whether police officials have recommended that charges be laid against Mr. Zundel, and if so, why such recommendations were not acted upon?
There are other legal avenues available to provincial law enforcement officials for dealing with Mr. Zundel. 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 is being charged on Samizdat materials being sold in Ontario and abroad as well.
Further, the Ontario government could make recommendations to the Federal government in regard to other civil remedies available to deal with Mr. Zundel. 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 commission of an offence. That provision could be used to deny the postal privileges of Samizdat or Mr. Zundel in Canada.
As you are no doubt aware, Mr. Zundel has applied for Canadian Citizenship. 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. Zundel is granted citizenship, Canada will lose the right to deport him even if he is convicted of a criminal offence. Citizenship may be refused to Mr. Zundel if the Minister finds that he is not of good character. Although this is a very discretionary remedy, and one rarely invoked, Mr. Zundel would be an ideal candidate for its imposition. He has a criminal record in Germany, and there may be no other individual in Canada who has worked as tirelessly as Mr. Zundel to abrogate all of the principles of democracy, egalitarianism, and tolerance for diversity that make Canada special. Deportation may be the most expedient method of ridding Canada of Mr. Zundel's noxious influence.
I would ask that you consider the suggestions contained in this letter so that you may work effectively with your colleagues, both in the Ontario Cabinet and in the federal government to assure the people of Ontario that we will not have to put up with Mr. Zundel's hate propaganda any longer. One need only look to recent events in countries like Rwanda to see the awful effect of hate propaganda. As a commentator once stated, this type of hate propaganda can be a "warrant for genocide".
Janice Bembo, Coordinator
Toronto Mayor's Committee on
Community and Race Relations
The Honourable Sergio Marchi, Ministry of Citizenship and Immigration|
The Honourable Alan Rock, Minister of Justice
The Honourable Art Eggleton