
Rochelle Wilner President	Frank Dimant Chief Executive Officer	Prof. Stephen Scheinberg National Chair	Ruth Klein National Director of Advocacy

1996 Audit of Antisemitic Incidents

THE STRUGGLE AGAINST ANTI-SEMITISM AND HATE

In addition to responding on a case-by-case basis to reported incidents, it is by using the tools of education and research, legal/legislative interventions, community action and coalition building that the League strives to fulfill its goals of combatting anti-Semitism, racism, and bigotry, and to promote and achieve human rights for all Canadians.

Education, Training and Research

Education is one of the major tools with which to counteract hate in high schools, colleges and universities. Through its Education and Training Centre, the League provides educational materials for students and teachers, conducts countless professional development workshops in school boards and on campuses, and provides training programs in the public and private sectors. In 1996 the Centre conducted anti-racist education workshops, courses on human rights and workplace harassment, programs on and for the criminal justice system, and public lectures and symposia on Holocaust education. Participants in the League’s “Holocaust & Hope Study Tour” to Germany, Poland and Israel assist in anti-racism education in British Columbia, Alberta, Saskatchewan, Ontario, New Brunswick, indeed right across the country, including many communities targeted by hate group recruitment.

In 1996, the League concluded a research study for the Municipality of Metropolitan Toronto on the Nature and Extent of Racism and Hate Activity in Metropolitan Toronto, authored by Dr. Karen Mock, the League’s National Director. The results were presented to Metro Council where all the recommendations were accepted unanimously. The study added to the League’s earlier investigation of Victim Impact of Racially Motivated Crime, conducted for the Commission on Systemic Racism in the Justice System whose final report was released last year. The Metro study correlated demographic data with incidents of hate and bias crime, utilized our 1-800 number for direct reporting of incidents (1-800-892-BNAI), and conducted extensive focus group discussions and interviews to determine a more effective model of coordinated action, data collection, service delivery and victim protection against hate motivated crime.

The League is in the process of completing several other projects including a comprehensive training manual and program entitled Taking Action Against Hate: Guidelines for Community Action, funded in part by the Trillium Foundation. This project will allow for direct training of a wide variety of community groups to counter anti-Semitism and hate activity. A compendium of Canadian and international hate crimes legislation and case law is also being prepared to assist prosecutors and law enforcement agencies.

The League was also a significant contributor to two manuals this year – one by the Metropolitan Toronto Anti-Racism, Access and Equity Centre, and the other by the Ontario Ministry of Education on how to counter hate activity and racism. The League contributed to two kits by the Toronto, and Windsor and Essex County Boards of Education. By conducting and disseminating in-depth primary research, the League provides law enforcement officials, the media, and the public at large with up-to-date accurate information on hate groups, and strategies to counteract their influence.

The League continues to monitor hate on the Internet and to propose educational curricula and policy development to regulate, in some way, the transmission of hateful messages. The League is working closely with Ken McVay’s Nizkor Project (http://www.nizkor.org) through the “Holocaust and Hope” program. The League and Nizkor have prepared a workbook entitled Hate and the Internet: Selected Readings to assist in workshops on this topic. The creation of a B’nai Brith Canada web site facilitates the dissemination of information to counter hate and also provides a means of reporting incidents directly to the National Office.

Legal/ Legislative Initiatives

Supreme Court Decisions

In 1996, two important Supreme Court decisions strengthened the struggle against anti-Semitism in Canada. In March, the Supreme Court upheld the conviction of James Keegstra. Keegstra was charged 12 years ago under the Criminal Code for “…willfully promoting hatred against an identifiable group” after it was learned that he promoted Holocaust denial and Jewish conspiracy theories to his high school history classes. In 1996, Keegstra attempted to relitigate one aspect of the constitutionality of this section of the Criminal Code of Canada. The unanimous 9-0 decision of the Supreme Court confirmed its earlier decision against Keegstra and sent a strong message that the Canadian anti-hate laws are constitutional. The League had leave to intervene in the Keegstra case.

In April, the Supreme Court of Canada upheld unanimously the New Brunswick Human Rights Commission’s tribunal decision to keep Malcolm Ross out of the classroom. Ross is a known purveyor of Holocaust denial and other racist material. Canada’s highest court sent a clear message that teachers who write or disseminate hate material, regardless of whether they bring it into the classroom or not, are unsuitable role models. Such hate mongers may create a poisoned environment and thus forfeit their right to teach. The League for Human Rights of B’nai Brith Canada also intervened in the Ross case.

Somalia Inquiry

B’nai Brith Canada continues to intervene, with full standing, in the Somalia Inquiry, the investigation of the murder of a Somali teenager by soldiers of the First Airborne where there had been known members of white supremacist groups and evidence of racist activity. At various times representatives of B’nai Brith questioned witnesses appearing before the Inquiry. B’nai Brith expressed deep reservations concerning the Federal Government’s decision to end the Somalia Inquiry before all outstanding issues are resolved, including the infiltration by right-wing groups into the Canadian Armed Forces and the tolerance of systemic and overt racism in the military. These issues were highlighted when a sergeant major testified that he found nothing racist with soldiers having swastika tattoos. Others have testified that confederate flags were deemed acceptable to be hung in soldier’s barracks and that there was no racism, even when a Black soldier was walked around on a leash with “KKK” sprayed on his back. The League’s research will be filed on this topic with the Commission of Inquiry.

Criminal Code Amendments

Bill C-41 (Criminal Code amendments including enhanced sentencing for hate/bias crime) was passed in 1995 and enacted into law in September 1996. There is evidence that this amendment is being taken very seriously, as expert witnesses are increasingly being invited to offer testimony during trials and sentencing hearings. B’nai Brith Canada was called upon to provide expert testimony on hate groups and hate crimes in a recent case of two juveniles who spray painted anti-Semitic and Nazi graffiti on the road and outside walls of a house in Sarnia, Ontario. The mischief was deemed hate motivated and the two young offenders received enhanced sentences (18 months probation, two months of house arrest and 100 hours of community work) due to the nature and victim impact of their crimes.

Hate on the Internet

B’nai Brith has been at the forefront in examining the issue of hate on the Internet and recognizes that this must be done on a number of fronts, including legal, legislative and educational. B’nai Brith strongly supports legal efforts to combat hate on the Internet and has proposed that the Government of Canada examine the adequacy of the Criminal Code and related statues to address the dissemination of hate propaganda and, where necessary, seek to amend the Criminal Code to rectify jurisdictional or other impediments to the successful prosecution of criminal activity via the Internet.

While acknowledging the complexity of jurisdictional issues related to the Internet, the League maintains that the Internet is no different than other forms of communication and that those disseminating hate must be prosecuted. To this end, B’nai Brith Canada has applied to be granted interested party status in the Canadian Human Rights Tribunal examining Ernst Zundel’s web site. The case was based on a complaint filed against Zundel by Sabina Citron and the Toronto Mayor’s Committee on Community and Race Relations regarding Zundel’s dissemination of hate material and Holocaust denial via the Internet. The CHRC has ordered a tribunal to adjudicate the complaint. The hearings will likely begin in the spring of 1997, and will undoubtedly be precedent setting in dealing with the complex legal jurisdictional issues related to the Internet.

(To view examples of hate on the internet, visit Hatewatch at http://www.hatewatch.org)

And Still Zundel

The League has also requested leave to intervene in another case against Zundel which involves an appeal by the Federal government of a Federal Court decision quashing a finding by the Security Intelligence Review Committee (SIRC) that Zundel constituted a security threat to Canada. Zundel won the decision on the grounds of reasonable apprehension of bias by SIRC who had mentioned Zundel in their investigation of the Heritage Front and “Grant Bristow Affair.” If the government wins the appeal, the SIRC finding will effectively make citizenship for Zundel impossible and will ease any future attempts by the government to deport Zundel.

Telephonic Hate

The League has also requested leave to intervene in another case which is also likely to have significant implications for the codification of international standards regarding the transmission of hate speech via telecommunications. The Canadian Liberty Net operates a telephone line through which it disseminates hate messages. In 1992, the Federal Court of Canada imposed a temporary restraining order preventing the Canadian Liberty Net from offering the recorded messages, which originated in Vancouver, pending the outcome of a human rights tribunal to determine the permanent status of the phone messages. The organization subsequently began to offer its messages from a telephone number in Washington State. As a result, the Federal Court imposed an interlocutory injunction, ordering the Liberty Net to stop its activities via the USA. On appeal by the Liberty Net, the presiding justice ruled that the Federal Court lacks the power under the Canadian Human Rights Act to issue interlocutory injunctions because they are found to violate freedom of speech. Now before the Supreme Court of Canada is the question of whether the Federal Court has the power through the Federal Court Act and/or the Canadian Human Rights Act to issue such an injunction.

Community Partnerships

Intercultural Dialogue

In the wake of rising tensions between minority groups, and scapegoating of one by another it is important for communities to work together to promote harmony and social cohesion. In March a very successful Black/Jewish Relations program was conducted in Quebec by the League in collaboration with the Quebec Black Coalition. Issues they identified have led to a joint employment project for minority youth. In Ontario increased outreach to the Black community followed Farrakhan’s visit to Toronto and efforts are being made to strengthen the existing Black/Jewish dialogue program.

The Women’s Interfaith Dialogue Program continues to break down myths and stereotypes among different faith communities and racial groups. Finding common experiences and common causes forges better relations between Christians, Muslims and Jews.

Joint Community Action

The League for Human Rights is active in promoting grassroots responses to anti-Semitism. The case of Paul Fromm, a Peel Board of Education teacher and Director of the Canadian Association for Free Expression, is a case in point. In late 1996, the League initiated a joint community program with a local synagogue in the Peel Region, the Halton/Peel B’nai Brith Lodge and the local multicultural association to have Fromm removed from the Peel Board of Education for violating terms of his contract prohibiting him from engaging in activities contrary to the Board’s multicultural and multi-ethnic policies. The League provided videotape and printed evidence that Fromm continued his activities despite a 1993 Ministry of Education finding and Board warning. In addition, the League, the Halton Peel lodge and a local Rabbi briefed a coalition of area clergy, who subsequently spoke out on the issue. The League also presented its evidence formally to the Peel Board.

As a result of this grassroots initiative, the Peel Board gave notice to Fromm that the Board of Trustees would terminate his contract. Fromm retained Victoria lawyer Doug Christie, who made numerous in camera representations to the Board. As the Audit went to press, the League was informed that the Board of Trustees accepted the recommendation that Fromm’s teaching contract be terminated.

Joint community action is also underway in Winnipeg. In 1996, in conjunction with the annual Media Human Rights Awards, the League held a symposium for representatives from community, education, government and police entitled “Community Action Against Racism and Hate — Protection, Prevention and Partnerships.” A follow-up symposium will be held in Winnipeg in the coming year. The League was also invited to contribute to similar conferences held by other organizations. In 1996, we participated in hate crimes seminars and symposia in Vancouver, Edmonton, Calgary, Halton Region, Durham Region, Ottawa, Toronto, and Halifax.

Inter-Jurisdictional Cooperation

In late June, it came to the attention of the League for Human Rights of B’nai Brith Canada that a new version of The Turner Diaries by William Pierce,published by Barricade books in the U.S., had slipped into Canada and was to be distributed by a large book company into mainstream bookstores. This book is one of the most violent, racist and anti-Semitic books in print. The League contacted the company and informed them of the nature of the book and the possibilities of prosecution. The book company agreed to voluntarily stop distribution. The League contacted Revenue Canada for verification that this latest version of The Turner Diaries would be placed on the list of prohibited materials as hate propaganda as earlier editions had been. B’nai Brith conducted numerous consultations with various government agencies, Metro Toronto’s Hate Crimes unit, and community human rights groups, as well as with the Independent Book Sellers Association. This collaboration and the legal scrutiny and assessment of the book on the part of Revenue Canada culminated in the decision to again prohibit the importation and distribution of this book in Canada. This case, as many others described above, illustrates once again the importance of our three pronged approach in the struggle against anti-Semitism and hate:

Protection, Prevention, and Partnerships