Recently, the Government of Canada codified Holocaust denial as a criminal offence under section 319 of the Criminal Code.
However, this legislation is unconstitutional on the face of it (prima face) because the claim that Germany committed a Holocaust has not been proven beyond a reasonable doubt.
In light of the 1991 Zundel trial before the Supreme Court, the Crown has not satisfied its burden to prove that Germany ever committed a Holocaust because the evidence tendered in that trial, and the decision resulting from it, has not been refuted.
The decision rendered during the Zundel trial is the most relevant to Canada’s Holocaust claim. No other decision speaks to the allegation of a Holocaust in the way the Zundel trial has done:
“Even as of this writing, Zundel and the revisionist cause remain a subject of front page attention and comment in Canada. Try as they might to exorcise the phantom of this indefatigable sign of contradiction and stalwart defiance, Zundel and revisionism have had an indelible impact which bodes ill for the inquisitors, whose megalomania instigated what Noam Chomsky called the “disgrace” of arresting and trying a dissident publisher.”
- Michael A. Hoffman, The Great Holocaust Trial (1995)
Now, after quietly including this legislation in a budgeting bill, the Crown has begun using it to criminally proceed against Canadians.
Willful Promotion of Anti-Semitism
Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
- Section 319(2.1), Criminal Code
Saskatoon Police Service recently charged Brandon Taylor Moore under section 319 for allegedly “condoning, denying, or downplaying the Holocaust”. He was arrested and released from custody on December 18th and now faces court conditions prohibiting him from publishing the evidence against him.
He is next scheduled to appear on February 24th.
The City of Saskatoon should not forget that their enforcement of this legislation is, in part, predicated upon their infringement of our section 2(c) Charter right to peacefully assemble during the 43rd Federal Election:
- Civic Square Booking Request – 43rd Federal Election (September 24th, 2019)
- City of Saskatoon Response (September 27th, 2019)
It is possible to conceive that, had the Canadian Nationalist Party been permitted to make democratic use of Civic Square (as per our request), Holocaust denial would never have been codified as a criminal offense and Canadians would not be being tried on such allegations (Court of Appeal for Saskatchewan, CACV3747).
Instead, what we have is an apparent conflict of interest …
Therefore, if the City of Saskatoon is proceeding against Holocaust deniers with criminal charges under section 319(2.1) CC., it is incumbent on the court to make public these proceedings.
As part of this claim, it is incumbent on the prosecution to prove beyond all reasonable doubt that a Holocaust actually occurred:
Holocaust means the planned and deliberate state-
sponsored persecution and annihilation of European
Jewry by the Nazis and their collaborators from 1933 to
1945;
- Section 319, Criminal Code
In the criminal court of law, the burden of proof lies with the prosecuting authority. If they cannot refute the evidence tendered in R. v Zundel, then the accused person must be acquitted of wrongdoing.
Criminally proceeding against Holocaust deniers finds no legal precedent within the Commonwealth and this proceeding is the first of its kind in North America. Apparently, our interpretation of history can now be imprisonable …
“When the public have suffered, and when they, themselves, demand protection by such laws, then such laws shall be made. To make such laws beforehand, is to sin against the Most High.”
- OAHSPE, Book of Judgement Ch. 35 verse 9
These proceedings come on the heels of Bill C-9, which seeks to remove religious defences under section 319 against hate propaganda charges.
What these developments demonstrate is that there exists an utterly self-serving faction who are lobbying our Parliament to suppress free speech and silence dissenting opinion. This is abhorrent in a society that claims to be “free and democratic”.
It is legislation such as this that is being used to suppress our national identity.
Every Canadian should be paying attention to these proceedings because once a people are prohibited from determining their own history, they stand no chance at counteracting the encroachment of tyranny.
