THE CANADIAN HUMAN RIGHTS TRIBUNAL
TORONTO MAYOR'S COMMITTEE ON COMMUNITY
AND RACE RELATIONS AND SABINA CITRON
I, ERNST ZÜNDEL, of the City of Toronto, Province of Ontario, the
respondent herein, hereby make oath and say as follows:
1. The League for Human Rights of B'nai Brith Canada (hereinafter referred
to as "B'nai Brith") has applied for intervener status at the
hearing of this matter before the Human Rights Tribunal. This affidavit
is made for the purpose of opposing that application.
2. Since 1981, B'nai Brith has waged a campaign of legal complaints, demonstrations,
media vilification and legal interventions against me because of my firmly-held
and consistently-held opinions on the history of World War II. These same
opinions are now the subject of these two complaints laid with the Canadian
Human Rights Commission. B'nai Brith has refused all offers by me issued
in the past to meet with them to discuss our differences with reason and
civility. Its actions have been characterized by extremism, association
with groups which have taken violent action against me, maliciousness and
B'nai Brith Evidence of Malice and Lack of Objectivity
3. The actions B'nai Brith has taken against me are set out in the following
4. In May of 1981, B'nai Brith was one of five organizations which organized
a rally to stop "neo-Nazism" in Allan Gardens in Toronto, Ontario
which is one block away from my home at 206 Carlton St.. Over one thousand
violent demonstrators from the rally converged at my house and only the
intervention of Toronto police prevented violence. The demonstrators shouted "Burn him, kill him, shoot him!", "Let's storm the house,
we have the power!". They shouted in unison "How do we
want Zundel? We want Zundel dead!" Attached hereto and marked
Exhibit A, page 1 is a copy of the advertisement from the Canadian Jewish
News, May 28, 1981, showing B'nai Brith as a sponsor of the demonstration.
5. Since that time B'nai Brith has waged a lobbying campaign, both in the
media and in meetings with government officials, to have me and my views
on World War II criminalized as "hate" under the Criminal Code
of Canada, section 319. This unrelenting campaign, financed by the taxpayers
of Canada through B'nai Brith's charitable organization status and frequent
government grants given to it, has lasted to the present day.
6. In 1983, B'nai Brith demanded that I be charged under Canada's hate
laws for my views on World War II. Then Attorney General Roy McMurtry refused
to lay charges. Attached to this my affidavit and marked Exhibit A, pages
2-4 is a copy of an article from the Toronto Star, October 13, 1983 reporting
B'nai Brith's activities.
7. I was subsequently charged and convicted in 1985 of spreading false
news under the Criminal Code. Upon my conviction, B'nai Brith praised the
verdict as "just and noble" as reported in the Toronto
Sun of March 1, 1985. B'nai Brith slandered me as a racist, a hatemonger
and an anti-Semite. A few days after the conviction B'nai Brith co-sponsored
a massive rally of 5,000 people at O'Keefe Centre in Toronto where speaker
after speaker called for my immediate deportation. In the media, B'nai
Brith was constantly quoted as calling for my deportation. A typical quote
is that found in the Toronto Star of March 26, 1985 in which Frank Dimant,
executive president of B'nai Brith, was quoted as calling for the "deportation
of this hatemongerer." Attached to this my affidavit and marked
Exhibit A, pages 5-8, are the relevant clippings from the newsmedia at
8. Under this kind of pressure, the federal government ordered my deportation
on April 29, 1985 after an eleven minute hearing even though I had already
commenced an appeal of my conviction to the Ontario Court of Appeal. B'nai
Brith was again quoted in the media that the deportation was "the
proper process and the right decision." The deportation order
was later quashed in 1987 by the Immigration Appeal Board as having been
issued contrary to law. Attached to this my affidavit and marked Exhibit
A, page 9, is a copy of the Toronto Star April 30, 1985 article quoting
B'nai Brith spokesman Alan Shefman.
9. I appealed my 1985 criminal conviction and in August of 1986, B'nai
Brith applied to the Ontario Court of Appeal to intervene against me in
my appeal. The application was denied.
10. When I won my appeal in the Ontario Court of Appeal in 1987, B'nai
Brith immediately commenced a lobbying effort with Ian Scott, the Attorney
General of Ontario, to appeal the decision to the Supreme Court of Canada.
It also called for new charges against me under Canada's hate law, which
demands were published in the Globe & Mail on February 6, 1987. Ian
Scott acquiesced in their demands and sought leave to appeal to the Supreme
Court of Ontario. The leave application was denied. Immediately, Attorney
General Ian Scott ordered a new trial. Attached to this my affidavit and
marked Exhibit A, page 10, is a copy of the article from the Globe &
Mail, Feb. 6, 1987.
11. I was convicted a second time at my second trial in 1988 and again
B'nai Brith immediately called for my deportation. The Toronto Star (May
14, 1988) quoted Alan Shefman, then director of B'nai Brith, saying that
the nine month sentence I was given was long enough to ensure deportation
proceedings begin and "that was the real concern." Attached
to this my affidavit and marked Exhibit A, page 11, is a copy of the article
from the May 14, 1988 Toronto Star.
12. I appealed my second conviction to the Ontario Court of Appeal where
I lost, and then further appealed to the Supreme Court of Canada on the
issue of whether the false news law violated guarantees to freedom of expression
under section 2(b) of the Canadian Charter of Rights and Freedoms.
13. B'nai Brith was allowed to intervene against me in my appeal to the
Supreme Court of Canada. B'nai Brith argued that the false news law was
constitutional and that my conviction should stand. The case was argued
for B'nai Brith by its counsel, Marvin Kurz, who is a present member of
the Mayor's Committee which has laid the complaint against me.
14. I won my appeal and was acquitted in 1992 by the Supreme Court of Canada
which held that the false news section of the Criminal Code violated the
guarantees to freedom of thought and expression under the Canadian Charter
of Rights and Freedoms. The summary of the decision provided:
"Section 181 of the Code infringes the guarantee of freedom
of expression. Section 2(b) of the Charter protects the right of a minority
to express its view, however unpopular it may be. All communications which
convey or attempt to convey meaning are protected by s. 2(b), unless the
physical form by which the communication is made (for example, a violent
act) excludes protection. The content of the communication is irrelevant.
The purpose of the guarantee is to permit free expression to the end of
promoting truth, political or social participation, and self-fulfilment.
That purpose extends to the protection of minority beliefs which the majority
regards as wrong or false. "
B'nai Brith Refuse to Accept the Finality of the Legal Process
15. Immediately after my acquittal on August 27, 1992, B'nai Brith
called for the Attorney General of Ontario to lay new charges against me
under Canada's hate laws. This was reported widely in the mass media, including
the Toronto Star of August 28, 1992. Attached to this my affidavit and
marked Exhibit A, page 12, is a copy of the Toronto Star article.
16. Three weeks after my acquittal, B'nai Brith formed a coalition with
other groups to call for Ontario's Attorney General Howard Hampton to lay
hate charges against me. At a news conference held at B'nai Brith offices,
Janice Dembo, a representative of the Toronto Mayor's Committee, one of
the complainants in this case, announced that the committee had passed
a resolution calling for new charges against me under the hate law. Marvin
Kurz and Karen Mock spoke for B'nai Brith at the press conference. Karen
Mock was quoted in the Toronto Star (Sept. 11, 1992) as stating: "Holocaust
denial is an illegal activity." She stated this in spite of my
acquittal and the refusal of any Attorney General to charge me with hate
because of my views. Kurz announced a phone-in campaign to pressure the
Attorney General to charge me. This was quoted in the Canadian Jewish News,
Sept. 17, 1992. Attached to this my affidavit and marked Exhibit A, at
pages 13 and 14, are copies of the newspaper article referred to in this
17. In September of 1992, immediately after my acquittal, B'nai Brith started
an advertising and poster campaign to have me charged under the hate laws.
This widely-placed advertisement read:
"Help Stop Zundel. Ernst Zundel is a hatemonger. Two juries found
that Zundel was a fraud, and that Holocaust denial is a deceit. Holocaust
denial is but the latest in a series of deliberate lies which display Jews
as master conspirators who pretend to be 'victims'. These lies incite anti-Semitism.
They are a 'warrant for genocide.'...The League for Human Rights of B'nai
Brith Canada has fought Zundel for years. We know him. So do you. When
the Supreme Court struck down the 'false news' law, the League, which fought
him in court, immediately called for hate propaganda charges against him.
Now we need your help to fight Zundel. The decision to lay new charges
against Zundel rests which the Hon. Howard Hampton, Attorney General of
Ontario. Let the Attorney General know how strongly you feel about this
issue. Let the Attorney General know that Canadians of all walks of life
want to speak out against Zundel's hatemongering, and want to see him charged
with 'wilful promotion of hatred against any identifiable group' - the
hate propaganda law. For the sake of the six million. And for the sake
of our children. Call Now....We will not be silent."
Attached to this my affidavit and marked Exhibit A, page 15, is a copy
of this advertisement which appeared in the Canadian Jewish News, September
18. In the September 1992 issue of "The Covenant" a publication
of B'nai Brith, my photograph was featured on the cover with the large
words: "Arrest this man, says B'nai Brith. Coalition campaigns
for new charges against Zundel." The magazine announced a campaign
by B'nai Brith to print up and distribute thousands of "Stop Zundel"
posters designed to pressure Ontario's Attorney General into charging me
under the criminal hate law. Marvin Kurz was again quoted by the magazine
as B'nai Brith's regional chairman. Attached to this my affidavit and marked
Exhibit A, pages 16 and 17, is a copy of the September 1992 B'nai Brith
Covenant cover and article.
19. In March of 1993, B'nai Brith again received extensive publicity in
the media calling for me to be charged under the hate laws and calling
me "one of the world's most successful hate machines".
It also called on the federal government to revoke my mailing privileges.
This appeared in the Toronto Star, March 3, 1993, a copy of which I attach
to this my affidavit as Exhibit A, page 18.
20. In March of 1993, B'nai Brith helped pay for a slanderous ad in the
excalibur, a York University newspaper, which called me a "hatemonger"
and which urged students to sign a petition to the Attorney General of
Ontario to have me charged with hate. Attached to this my affidavit and
marked Exhibit A, page 19 is a copy of the advertisement.
21. In March of 1993, the Ontario Provincial Police announced, after a
six month investigation, that they would not be laying charges against
me for inciting hatred. The complaints which led to the six month investigation
had been laid by the Canadian Jewish Congress immediately after my acquittal
22. B'nai Brith simply dismissed the decision of the police and announced
to the press that they were confident I would be charged in the future.
Attached to this my affidavit and marked Exhibit A, page 20, is a copy
of an article from the Canadian Jewish News, March 18, 1993, quoting B'nai
Brith spokesman Mark Sandler.
23. In May of 1993, Jerry Rose, described as the national chair, communications
of B'nai Brith, and a member of the Toronto Mayor's Committee on Community
and Race Relations, wrote a revealing article in the Canadian Jewish News
of May 28, 1993 in which he stated: "Greenspan errs when he states
that Zundel was acquitted. This is not factual." This is an outright
lie. I was acquitted by the Supreme Court of Canada on August 27, 1992
in a judgment which stated: "The appeal is allowed and an acquittal
is entered." Rose went on to write: "Greenspan is obviously
unaware of the fact that surveys following the two Zundel trials indicated
that 'the $10 million in free publicity' he estimated Zundel received did
not adversely affect public attitudes towards Jews. In fact it made many
people more aware of the magnitude of the Holocaust." This reveals
that B'nai Brith is well aware that my views do not have the effect of
inciting hatred against Jews. Rose went on to say: "The Toronto
Mayor's Committee on Community and Race Relations is presently investigating
areas of non-criminal prosecutions that can be used against white supremacists
and their Nazi collaborators." Rose was a member of that committee
which has now laid one of the present complaints against me. Attached to
this my affidavit as Exhibit A, page 21, is a copy of the Rose article
of May 28, 1993 in the Canadian Jewish News.
24. In the September 1993 issue of B'nai Brith Covenant, it was reported
that B'nai Brith was constantly monitoring and recording my TV satellite
broadcasts looking for "hate" and was "continuing
to work closely with the various jurisdictions of law enforcement" regarding my views. Notwithstanding this constant "monitoring"
by B'nai Brith, no Attorney General has ever charged me with hate crimes.
Attached to this my affidavit and marked Exhibit A, page 22, is a copy
of the B'nai Brith Covenant article.
B'nai Brith's Condoning and Support of Violence
25. In 1993, posters from a new, radical, violent group called "Anti-Racist
Action" (hereinafter referred to as "ARA") began appearing
around downtown Toronto. These posters featured a photograph of my face
in the cross-hairs of a rifle with the words: "Guru of hate - Ernst
Zundel - Your days are numbered..." A second poster featured a
smaller version of my face with the rifle cross-hairs superimposed over
it with the words: "The one that got away...Not!...Stop Zundel." A further poster titled "BORED?" gave directions to my
home and directions on how to build a molotov cocktail. The ARA spray-painted
slogans in the back of my property such as "Zundel Watch Your Back
ARA". Attached to this my affidavit as Exhibit A, pages 23-26,
are copies of the posters which were posted by the hundreds in downtown
Toronto in 1993 and 1994 at various times and a photograph of the spray-painted
26. A violent demonstration by ARA took place at my home during November,
1993 when my house was pelted with paint, eggs, chain links and excrement
bombs. Only the presence and protection of massive numbers of Toronto police
and a large plastic covering over the house prevented serious damage. Karen
Mock of B'nai Brith excused the violence as being a result of the "frustration
felt by many young people because of perceived law enforcement and government
inaction." This was reported in an article the Canadian Jewish
News, Dec. 2, 1993, a copy of which I attach to this my affidavit as Exhibit
A, pages 27 and 28, together with a copy of an article from the Globe &
Mail, Nov. 25, 1993 covering the demonstration.
27. In 1994, B'nai Brith again entered the media with calls for my extradition
to Germany after it became public that I had applied for Canadian citizenship.
B'nai Brith took the position in a statement that I did not deserve to
be a Canadian citizen. Attached to this my affidavit and marked Exhibit
A, page 29, is a copy of an article from the Montreal Gazette dated July
28, 1994 referring to B'nai Brith's statement.
28. In 1994, B'nai Brith called for "Holocaust denial" to be
made a unique criminal offence. Attached to this my affidavit and marked
Exhibit A, page 30, is a copy of an article from the Canadian Jewish News,
October 27, 1994.
29. In a 1995 press conference announcing their annual audit of anti-Semitic
incidents, B'nai Brith again severely criticized Canadian governments for
failing to charge me with hate and again called for me to be charged. Attached
to this my affidavit and marked Exhibit A, page 31, is a copy of articles
from the Toronto Star and the Saturday Sun of March 4, 1995.
30. On May 7, 1995, an arsonist set fire to my home and caused massive
damage to the front half of the house. The entire third floor was destroyed
together with thousands of invaluable books and documents. I have no doubt
that the hysteria whipped up by B'nai Brith contributed to the lynch-mob
atmosphere of vigilantism and violence which permeated this period of time.
Police were given a surveillance tape of the arsonist in action, but so
far no arrests have been made. Attached to this my affidavit as Exhibit
A, pages 32-34, is a copy of an article from the Toronto Star, May 8, 1995
reporting the fire and showing Toronto Mayor Barbara Hall watching it.
31. Shortly after the arson, on May 12, 1995, two ARA leaders, one of whom
I identified as Ajith Aluthwatta, appeared outside of my house with two
leaders of the Jewish Defence League (JDL): Meir Halevi, from the Canadian
JDL and Irv Rubin from the United States JDL. The JDL has been classified
by the FBI in the United States as a terrorist organization. The two men
attempted to break into the boarding I had put up around the burnt-out
house. I called the police who questioned them, checked their identities
and let them go because they had caused only a "minor" mischief.
Attached to this my affidavit as Exhibit A, pages 35, 36, are photographs
of the police questioning the ARA and JDL leaders and a copy of an article
describing the incident in NOW magazine, May 18-24, 1995.
32. Two weeks after the arson a pipe bomb was sent to my address in a suspicious
package which I did not open. Police exploded the bomb later in a safe
area and informed me that had the bomb exploded, it would have killed the
person who opened the package and anyone within a 90 meter radius. Other
groups were also targetted with pipe bombs during this period. Attached
to this my affidavit and marked Exhibit A, pages 37, 38, is a copy of articles
from the Toronto Sun, July 21, 27 1995 on the pipe bombs.
33. On March 14, 1996, B'nai Brith again called for me to be charged under
the hate laws at a major press conference where it released its annual
audit of anti-semitic activities. These comments were given nation-wide
media coverage. I was again called a hate monger. Attached to this my affidavit
and marked Exhibit A, page 39, is a copy of an article from the Toronto
Star, March 15, 1996.
34. In November of1995, Sabina Citron, laid two further private criminal
charges against me of conspiracy to incite hatred and defamatory libel
of named Jewish individuals. Again, after a four month investigation by
Hate Crimes unit investigators and senior Crown Attorneys expert in hate
propaganda, the Crown intervened in the case and withdrew the charges on
March 15, 1996.. On the steps of the courthouse after the charges were
withdrawn Karen Mock of B'nai Brith angrily demanded some four feet from
where I stood that new charges should be laid against me under the hate
laws. I attempted to ask her if she had not heard what had happened inside
the courtroom, where she had sat during the entire proceedings within two
rows of me. She ignored me and continued shouting at the assembled press
that I was a hate monger. Attached to this my affidavit and marked Exhibit
B is a videotape of the Mock comments.
35. In June and July1996, B'nai Brith played a major role supporting
an application by the violent ARA for a grant from Toronto's Metro Council. Karen Mock of B'nai Brith made an impassioned speech to Metro Council for
the grant to ARA which was carried on local cable TV. Both Mock and Kurz
wrote letters to the Metro Council supporting the grant. Kurz wrote in
his capacity as member of the Toronto Mayor's Committee on Community and
Race Relations. Attached to this my affidavit and marked Exhibit A, pages
40-42, are copies of the letters from Mock and Kurz to Metro Council supporting
the ARA grant and the covering letter of Charles Smith, Metro Council Access
and Equity Centre.
36. In fact, the Metro Toronto Hate Crimes unit sent information to Metro
Council about ARA's Internet Website which contained such words as "Fuck
Authority" and "Fuck Hierarchy. Organize Horizontally
Not Vertically. Fight and resist fascist asskissers of the corporate state
- remember, Hitler was also elected to office - and who groomed Hitler?
Racist anti-Semites..." Attached to this my affidavit and marked
Exhibit A is a copy of the fax to Metro Council's administrative office
from the Metro Toronto Police Hate Crimes Unit. Attached to this my affidavit
and marked Exhibit A, pages 43-47, is a copy of the five page fax from
the Police Hate Crimes Unit to Metro Council.
37. In a fax to Toronto Metro Councillor Norm Gardner's office, Sam Title
of B'nai Brith wrote:
"Here's the info you requested on ARA. Just so you are aware
we have have (sic) worked with them before, and we presently have a very
workable and amiable relationship with ARA...despite their 'tactics.'"
Attached to this my affidavit and marked Exhibit A, page 48, is a copy
of the fax from B'nai Brith to George Berger of Councillor Norm Gardner's
38. B'nai Brith supported and participated in the conference held by the
ARA in June of 1996 called "Youth Against Hate." Karen Mock appeared
as a panelist in a seminar entitled "Anti-Fascist Strategies" along with B'nai Brith's prominent member and counsel, Marvin Kurz, who
in this instance represented the Toronto Mayor's Committee on Race Relations,
one of the complainants in this case. Sabina Citron, the other complainant
in this case, also appeared as a panelist in a seminar entitled "Holocaust
Survivors Speak Out." Attached to this my affidavit and marked
Exhibit A, pages 49-52, is a copy of the ARA "Youth Against Hate"
program identifying Mock, Kurz and Citron as panelists.
39. In ARA's magazine "On the Prowl" from the fall of 1996, Karen
Mock of B'nai Brith is pictured at the conference sitting under the logo
of ARA which has been banned as a hate group logo from at least one Toronto
school board. The article referred to me and Toronto Sun columnist Christie
Blatchford as follows: "Racist media grandmongers, like Christie
Blackbutt from the ill reputed Toronto Sun to Ernie 'no neck' Zunie, had
to stop scratching their white asses and start lobbying to keep us from
getting this money." The article gave a "special fuck to that
right wing shit-head Christie Blatchford of the Toronto Sun, who predicted
that the conference would never happen!" The ARA article endorsed
violence as a political means in its references to Mandela and Rabin. Attached
to this my affidavit and marked Exhibit A, page 53, is a copy of the "On
the Prowl" article.
40. ARA has been banned as a violent hate group by some school boards in
Ontario. The Scarborough Board of Education banned the group from school
property after consultation with Metro Toronto Police Hate Crimes Unit
officers. The Board of Education described the group as a violent group
known to the Toronto police. The Durham Board of Education has banned the
ARA from its schools as a group whose tactics involve physical confrontation
and extreme violence. The Wellington County Board of Education has banned
the ARA from school property as a group whose "tactics involve physical
confrontation and extreme violence that has lead to bodily injury and police
intervention." Attached to this my affidavit and marked Exhibit A,
pages 54-57, is a letter from the Scarborough Board of Education regarding
ARA and the Durham Board of Education and Wellington Board of Education
directives to all principals regarding the ARA.
41. Apart from the threatening posters and violent demonstrations in front
of my house by the ARA, this organization has been implicated by the Canadian
Security Intelligence Service (CSIS) in the arson of my house in 1995.
A Kitchener electronics businessman, Michael Rothe, was interviewed by
two CSIS agents who identified themselves as such and showed identification
badges. Their names were given as Angela and Peter. The interview was taped
on a security camera in the store on February 7, 1996. The following transcript
is as close as I have been able to come having listened to the tape closely:
ANGELA: Have you heard of the Canadian Security Intelligence Service?
PETER: You can bet it's real!...I'll explain to you what we are first....We're
the political police. Angela and I are from the counter-terrorism branch...We
are interested in the Heritage Front.
PETER: In Toronto, Wolfgang has much trouble with a group that calls itself
Anti-Racist Action, ARA. This is a collection of anarchists, Trotskyists,
ANGELA: One of the problems that we've also had with the ARA as Peter was
describing is that they bomb and they firebombed, you know, Ernst Zundel,
I'm sure you've heard about the problems he has and the various leaders
of the so-called right wing groups have received firebombs.
PETER: So, we're interested to know...were there threats ever made to you.
Attached to this my affidavit and marked Exhibit B is a copy of the videotape
which was given to me by Mr. Rothe.
42. On October 25, 1996, the ARA held a seven hour demonstration in front
of my house after advertising the demonstration in posters plastered all
over downtown Toronto which invited people to come to a "kosher
barbecue" at my house. On the day of the demonstration, members
of the ARA wore ski masks and held signs saying: "Burn Zundel down!". They shouted: "Lock the Nazis in - burn the house down!".
Given the ARA's Molotov cocktail poster and the arson of my home in 1995
and the comments of CSIS, these threats were not taken lightly by me. Attached
to this my affidavit and marked Exhibit A, page 58, is a copy of the ARA
43. Marvin Kurz, a professed supporter of the ARA and their conference,
a member of and counsel for B'nai Brith and chair of its legal committee,
is presently a member of the Toronto Mayor's Committee on Community and
Race Relations which is one of the complainants in this case. Kurz was
the person who instigated the complaint and brought the matter on to the
Mayor's Committee agenda. It is highly improper that B'nai Brith be allowed
to intervene in this case in these circumstances. Attached to this my affidavit
and marked Exhibit A, page 59-60, is a copy of the Kurz memo to the Mayor's
Committee concerning bringing the present complaint against me before the
Canadian Human Rights Commission.
44. B'nai Brith has continued their vendetta against me and used its close
and amiable relationsihp with the ARA even though it knows that publication
of my views does not incite any hatred towards Jews. This was proven by
a book financed by B'nai Brith entitled Hate on Trial which was
published by Mosaic Press in 1986. In fact the book found that people became
more sympathetic to the Jewish community as a result of the massive media
coverage of my 1985 trial. Attached to this my affidavit and marked Exhibit
A, pages 61-64, is a copy of the title page of Hate on Trial and relevant
B'nai Brith Connection to International Crime
45. In the affidavit of Karen Mock, sworn on January 15, 1997 before
Marvin Kurz, and filed in support of B'nai Brith's application for intervention,
Mock in para. 5 states:
"In furtherance of its human rights mandate, the League acts
in co-operative association with the Anti-Defamation League of B'nai Brith
("the Anti-Defamation League") our American sister organization.
The Anti-Defamation League has a mandate similar to that of the League,
and in furtherance of that mandate, it has intervened in numerous American
civil and criminal cases."
46. Allegations were made against the Anti-Defamation League (ADL) in the
United States in the early 1990s that it had used illegal methods of spying
against various groups. Privileged police information on 1,400 groups and
individuals was seized by police from the possession of the ADL. Prosecutors
in the United States agreed not to prosecute the ADL for illegally buying
confidential data from police sources in exchange for the agreement from
the ADL to pay up to $75,000 to fight hate crimes and a pledge not to engage
in improper information-gathering activities. Attached to this my affidavit
and marked Exhibit A, pages 65, 66, are copies of articles from the Atlanta
Journal and the Kansas City Jewish Opinion from 1993 describing the settlement.
47. In September of 1996, the ADL settled a civil lawsuit brought against
it by numerous Arab and African-American groups which had alleged that
the ADL illegally spied on their organizations. It agreed to pay $25,000
to an anti-racism fund and to an injunction restraining it from obtaining
information from any state employee or officer where the ADL knows or is
reckless in failing to know that the person disclosing the informatin is
forbidden by law to do so. Attached to this my affidavit and marked Exhibit
A, pages 67, 68, is a copy of a Los Angeles Times article from the Internet
Electric Library dated September 4, 1996.
48. I make this affidavit in opposition to the intervention of B'nai Brith
on the grounds of the lack of objectivity, pre-existing malice, the similarity
with the complainant, and the association of B'nai Brith with criminal
DATED this _____ day of February, 1997.
Sworn before me at the City of
Toronto in the Municipality of
Metropolitan Toronto, this ______
day of February, 1997.
A Commissioner for taking affidavits, etc.