Two weeks after the May 7th arson which nearly destroyed his house, Zündel received an unusually heavy package with a return address in Vancouver. Suspicious of the package, Zündel took it to 51 Metro Police Division in Toronto who determined the package was indeed a pipe bomb containing metal shrapnel and nails. It was later exploded by police leaving a crater 46 centimeters deep. Police told reporters the bomb would have killed whoever opened it and could have injured or killed anyone within 90 metres of the blast. (Globe & Mail, May 22, 1995)

The mail bomb sent to Zündel turned out to be part of a wider campaign by leftists targetting the right. Bombs were also sent to the McKenzie Institute in Toronto, an Alberta cattle-breeding company, and the head of Aryan Nations in British Columbia. The attempted bombings sparked a Canada-wide police warning to people to show extreme caution when receiving unexpected or suspicious-looking packages or letters. (Globe & Mail, July 20, 1995)

THEFT FROM THE MAILS

The problems which Zündel had experienced with the post office over the years had never ended and in fact escalated after his victory in the Supreme Court of Canada. Nevertheless, Canada Post has never arrested a single culprit of the mail thefts and tampering since the arrests that occurred in the early 1980s.

FOURTH AND FIFTH CHARGES LAID BY SABINA CITRON AGAINST ZÜNDEL - 1995

On November 7, 1995, Sabina Citron laid further charges against Zündel. These charges alleged conspiracy to incite hatred and criminal defamatory libel of the leading members of the Holocaust Lobby, including Deborah Lipstadt, professor of Jewish and Holocaust Studies at Emory University, Simon Wiesenthal, self-styled "Nazi hunter" Beate Klarsfeld of the Klarsfeld Foundation in Paris, Rabbi Cooper of the Simon Wiesenthal Centre in Los Angeles, and Michael Berenbaum of the U.S. Holocaust Memorial Museum in Washington, D.C..

In support of her charges, Citron tendered a videotape of a CBC TV production entitled "Hi-Tech Hate" which aired on April 2, 1995, a transcript of the highly edited television show, "the 5th Estate" which aired on February 23, 1993, and a document that appeared to be a pamphlet published by the accused entitled "Power" dated May 10, 1995.

At Zündel's first court appearance on December 19, 1995, a 200 page brief was provided to the prosecution "on behalf of the Jewish community."

Zündel was forced to appear again in person for an adjournment on February 9, 1996 in spite of police warnings to the prosecutor concerning death threats. He walked a gauntlet through a motley crowd of Marxist-Anarchist ARA members and hissing, cursing Holocaust survivors both inside and outside the courtroom.

On March 14, 1996, the day before Zündel was to appear again on the charges, B'nai Brith in a press conference called on the Attorney General of Ontario to charge Zündel with promoting hatred against Jews.

On his third court appearance on March 15, 1996, however, the Crown withdrew all charges against Zündel in the following statement read to the court by a special prosecutor from the Attorney General's office:

"Investigators at the Hate Crime Unit of the Metro Toronto Police arranged through Ms. Citron's lawyer to receive copies of the material reviewed by the Justice of the Peace. Her lawyer provided them with the material on December 11, 1995

The material was reviewed by the Hate Crime investigators and senior Crown Counsel of the Crown Law Office - Criminal of the Ministry of the Attorney General. Crown Law officers involved in the review of this material have an expertise in analyzing material characterized as hate literature pursuant to s. 319 of the Criminal Code. I should emphasize that our review was contained to the material previously mentioned, that being the CBC videotape, the 5th estate transcript and the "Power" pamphlet.

In this province, all criminal charges are screened to determine whether or not there is a reasonable prospect of a conviction as discussed in the Martin Committee Report and the charge screening guidelines found in the Crown Policy Manual. If in the view of the prosecutor, the anticipated evidence fails to meet this test, the Crown Attorney is duty bound to withdraw the charge. For reasons about to be set out, it is the opinion of the Crown Counsel involved in the review of this matter that the charge fails to meet our charge screening criteria. Accordingly, I intend to withdraw these two charges before the Court against this accused, and with the Court's permission, I would like to put our reasons for doing so on the record."

The Crown explained that the charge of conspiracy to promote hatred was not supported by the evidence:

"This charge is problematic for three reasons.

First, the evidence of the alleged conspiracy relates to the videotape and the 5th estate transcript. While there are many references on these to the dissemination of hate propaganda by the accused in both the United States and Germany, neither discloses the actual material produced and/or communicated by the accused in those countries. According to the television documentary, it is the videotapes that the accused is distributing in other countries that promote hatred against an identifiable group. Unfortunately, those videotapes were not included in the material presented at the pre-enquete and the Crown does not have copies of them at this point. In the absence of this material, we are currently unable to make the requisite assessment as to whether this is hate material.

Second, the evidence of a conspiracy among the accused and the named co--conspirators based on the information before the Justice of the Peace is very weak. For example, the only reference to a conspiracy between Ernst Zündel and David Macleer is found on the 'Hi-tech Hate' documentary. While it is clear from the videotape that MacLeer, who lives in Vancouver, is a hate-monger, the only evidence of an agreement between him and Zündel is a comment by MacLeer that 'we co-operate with each other, we work with Ernst Zündel.' Without, however, more evidence as to the nature of the agreement, that is, without knowing more specifically what material they are 'cooperating' on and 'working on', there is not sufficient evidence that the relationship between these two constitutes a conspiracy to disseminate hate propaganda.

The other two named co-conspirators, Ewald Althans and Christian Worch are referred to on the 5th estate transcript as Zündel's proselytizers in Germany. They are neo-Nazis who apparently distribute Zündel's material throughout Germany. While it appears on the basis of the transcript that an agreement between Zündel and these two named alleged co-conspirators exists for the purpose of distributing what was referred to on the transcript as hate literature in Germany, once again, the evidentiary foundation before the Justice of the Peace does not include the actual material distributed by Zündel to them. Without possession of this material, it is, in our view, impossible to establish a prima facie case of conspiracy to promote hatred.

Third, as previously noted, the charge as drafted alleges that the statements communicated in a public place are likely to lead to a breach of the peace. There is simply no evidence in the material of any statements that would likely lead to the breach of the peace."

With respect to the charge of defamatory libel, the Crown stated:

"The defamatory libel count alleges that the reputation of a number of individuals who are active in the international Jewish community were defamed by certain comments made by Zündel in his May 10, 1994 newsletter entitled "Power." Authorship of the newsletter is not in dispute due to the fact that it is signed by the accused and he states that the contents of the newsletter are the 'personal opinion of the author." (...)

...it is our view that the alleged defamatory comments must be a deliberate form of character assassination on the plain reading of the words at issue in order for there to be a reasonable prospect of a conviction. The publication at issue appears to impugn the motives and integrity of well-known individuals who have devoted their lawful efforts to, or have written on the subject of, bringing war criminals to justice. Turning to the part of the "Power" newsletter in which the individuals named in the information are allegedly defamed, our opinion is that there may be two interpretations that may be placed upon these words. One is that these words, objectively viewed are a form of character assassination. Arguably, the description of the named individuals by anyone's standards is offensive.

However, the impugned wording suggests a second interpretation that is not as extreme as the first which does not reach the threshold of character assassination suggested by the Stevens case. Accordingly, given the fact that two equally reasonable interpretations could be placed on the same words, the Committee was of the view that there was no reasonable prospect of a conviction. As a result, it is our view that this count charging Ernst Zündel with defamatory libel should not proceed."

An "outraged" Sabina Citron demonstrated with a coterie of friends outside the Attorney General's office and vowed: "We will do everything within the limits of the law to stop him. We will not allow racism in this country." Citron indicated that she was demanding a meeting with Attorney General Charles Harnick to ask for new charges. She also said she would sue Zündel for libel in the civil courts.

Karen Mock, a director of the League for Human Rights of B'nai Brith, appeared before TV cameras after the hearing (in which she had heard the Crown prosecutor withdraw the charges on the grounds there was insufficient evidence to sustain hate charges) shouting in fury that Zündel was a hatemonger and calling once again for hate charges against him. (Saturday Sun, March 16, 1996)

Spokesman for the Canadian Jewish Congress Steven Shulman stated: "We will maintain this as the highest priority - that Zündel's hatemongering business is put out of business." (Canadian Jewish News, March 21, 1996).

ZÜNDEL'S ACTIVITIES AND ACCOMPLISHMENTS

In spite of the violence of some Jewish and anti-racist organizations, and the repeated attempts by the Canadian Jewish Congress and B'nai Brith to have his opinions about the Holocaust again criminalized, Zündel accomplished a great deal in the four years following his acquittal by the Supreme Court of Canada.

Zündel wrote to Premier Bob Rae in September of 1992 indicating that he and members of the German-Canadian community had repeatedly requested a meeting with Attorney General Howard Hampton to obtain:

"some kind of guidelines from your government as to what we German-Canadians can or cannot say or write in order to avoid and prevent running afoul of the hate law, especially when debating or writing about the thorny Holocaust topic, which is of particular importance to our ethnic group...Speaking for myself, I have lived with pesky and restraining gag-orders which have restricted my freedom of speech, so your guidelines would be followed to the letter of the law. The current policy seems to be to scare writers, such as myself, by government officials stating in the media 'We are studying and watching everything he writes, does and says' and this is truly intolerable. Either we have freedom of speech or we do not. If we do not, then you are duty-bound to inform the citizenry via guidelines as to what is permissible and what is not."

Four months later, by letter dated January 7, 1993, the Attorney General of Ontario Howard Hampton wrote Zündel informing him that it "would be neither necessary nor appropriate to meet with you at this time. Further, it is not the intention of the Ministry to issue guidelines as to the scope of section 319 of the Criminal Code, as suggested by you."

To his supporters in his newsletter (Jan. 17, 1993) , Zündel wrote:

"The Attorney General had met with Jewish leaders already, who wanted to have me re-charged under a different law, this time the Hate Law Section (Section 319 of the Criminal Code). No meeting with German-Canadians ever took place, which is typical of politicians in this country. They demand our taxes, our unquestioning loyalty, if not our subservience. There is an obvious double standard at work here. You get to see government officials if you are Jewish but the brush off if you are German."

By letter dated January 5, 1993, Zündel wrote to Premier Bob Rae requesting compensation and an official apology for the denial of human rights since 1983 for his prosecution under an unconstitutional "false news" law. In the letter Zündel recounted the effect the prosecution had had on his life and the destruction of his once-thriving graphic arts business in which he had had many Jewish clients. He concluded:

"My political opinions and viewpoints on history should have no bearing on my entitlement to adequate compensation and impartial treatment. Any other treatment would itself constitute a new infringement of the Charter of Rights. I have expressed my political and historical opinions in a strictly democratic, constitutional and non-violent way for 34 years in Canada.

It is important that a democratic government acknowledge wrongdoing and send a message to the public at large in this multi-ethnic society that members of all ethnic minorities, including Germans, are entitled to their own interpretation of their own people's history and are safe to express their viewpoints in Canada without being physically hurt, financially ruined, psychologically traumatized or being criminalized by wrongful government action."

The government refused compensation.

He sent letters to Jewish organizations repeating his offer to meet with them to calm the fears of their community. He wrote to the Canadian Jewish News newspaper, offering to hold a dialogue with the Jewish community "in the interest of truth and as an attempt at achieving some inter-ethnic harmony." No replies were received.

"DID SIX MILLION REALLY DIE?"

In 1993, Zündel published a massive, 562 page book on his second trial written by one of his lawyers, Barbara Kulaszka, entitled "Did Six Million Really Die? Report of the Evidence in the Canadian 'False News' Trial of Ernst Zündel - 1988." The book reproduced and summarized the testimony of all Crown and defence witnesses at the trial. It also included a copy of the original pamphlet he was prosecuted for and a copy of the Leuchter Report.

In an article on Zündel and Holocaust revisionism, SKEPTIC Magazine in the United States commented that the book "provides a bibliography, and an index in addition to the testimony and is a valuable resource." (Skeptic, Vol. 2, No. 4, 1994, p. 69)

The book was sent out on a massive mailing to academics, media persons and other people of influence all over the world! One of Germany's most famous professors called it a veritable encyclopedia of the Holocaust topic.

DAVID IRVING

David Irving was convicted of "disparaging the memory of the dead" in 1992 after stating in a speech in Munich in 1990 that Crematory I in Auschwitz was a "phony reconstruction" made by the Communist Polish authorities after the war to impress tourists. Irving was not allowed to call any expert witnesses to establish the truth of his statement, including Dr. Piper from Poland, the director of the Auschwitz State Museum.

The truth of Irving's statement was admitted by Dr. F. Piper in a videotaped interview with Jewish revisionist David Cole. The interview, entitled "David Cole Interviews Dr. Franciszek Piper," is available for sale by Cole and the Institute for Historical Review.

The fact that the alleged gas chamber at Auschwitz I was a phony reconstruction was later admitted in an article published Jan. 19-25, 1995 in one of France's most influential and reputable magazines, L'Express. In an article entitled "Auschwitz: The Memory of Evil", anti-revisionist author and historian Eric Conan wrote:

"In 1948, when the Museum was created, Crematory I was reconstructed in a supposed original state. Everything in it is false; the dimensions of the gas chambers, the locations of the doors, the openings for pouring in Zyklon B, the ovens (rebuilt according to the recollections of some survivors), the height of the chimney. At the end of the 70s, Robert Faurisson exploited those falsifications all the better because at that time the Museum officials balked at admitting them. An American revisionist [David Cole] has just shot a video in the gas chamber (still presented as authentic): one may see him questioning the visitors with his 'revelations.'"

In reporting on the David Irving case to his supporters in his newsletter of Jan. 17, 1993, Zündel stated:

"This confronts every truth-loving German with the choice of going to jail, paying outrageous fines or fighting for his right to speak out and state the findings of his historical research and go broke in the process.

I myself paid more than twice the amount of my fine in legal fees and flights for witnesses, hotels and accommodations, my own flights back and forth to Europe and had to stay there for over 5 weeks which also meant I could not run my business properly here.

The German judge held court only once a week, one day at a time, so my attorney had to fly from Hamburg to Munich for that one day. A roundtrip which costs (with taxi fare) a cool $800 each day, plus the actual legal fees, plus the Munich lawyers legal fees.

By the time I was through with being jerked around, I would have been better off and would have gotten off cheaper, if I had paid the outrageous initial fine for DM 31,500 demanded of me in the jail.

That's the reality of present-day Germany's legal and judicial system and their version of a democratic society.

The New York Times and Sabina Citron are very happy with this state of affairs. It just proves that they don't care how draconian the dictatorship is, as long as it protects their own interests.."

After reviewing further anti-revisionist laws and actions in France and Canada, Zündel continued:

"The pattern is the same all over the world. The same people lobby for similar laws in different countries, but everybody knows that there is no worldwide coordination of these Freedom suppressing laws!

What can we do?

We can give up, run or fight, or go to our enemies with hardhat in hand and beg them for forgiveness for daring to have our own viewpoint and opinions on our history.

This simply means that a German has no right to his German version of history. That a German has to adopt the prevailing viewpoint, largely shaped by Jewish writers or he is subject to prosecution after he has already suffered a lot of persecution.

This is an intolerable affair and will not lead to more inter ethnic harmony, but much less! It won't promote tolerance - it will create intolerance!

German people will be criminalized for merely not wanting to think like Jewish people.

I foresee massive problems! How to solve this dilemma? I don't know! In the meantime, I too have a life to live and want to be left alone for awhile.

I am naturally angry at the shallowness and poor intellectual caliber of our lawmakers, not to refuse to vote for such repressive laws, but this illness or condition of poor quality leadership seems to plague us in every country at every level of our societies."

Continue . . .