Affidavit



THE CANADIAN HUMAN RIGHTS TRIBUNAL


Between:


TORONTO MAYOR'S COMMITTEE ON COMMUNITY
AND RACE RELATIONS AND SABINA CITRON

Complainants

-and-



ERNST ZÜNDEL
Respondent


AFFIDAVIT

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 hatred.

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 paragraphs:

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 the time.

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 paragraph.

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 10, 1992.

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 in 1992.

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 slogans.

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 office.

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, Stalinists.
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 poster.

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 pages.

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 activities.

DATED this _____ day of February, 1997.


_____________________________________
ERNST ZÜNDEL


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.