The Six Percent Solution: an Analysis of Hate Legislation in Canada

The Six Percent Solution: An Analysis of Hate Legislation in Canada

MARK SILVERBERG Executive Director, Pacific Region, Canadian Jewish Congress, Vancouver, B.C.

Deepening hostility to Israel, an increase in potentially violent anti-Semitic incidents, the growing militancy of right-wing and left-wing extremist groups, the formation of an intellectual right with its racist ideas and the efforts to falsify history by denying the Holocaust—this is the face of the new anti-Semitism, the new Jewish condition in Canada.

HE winds of discontent today, are ascertain the level and the extent of Tsweeping through the corridors of anti-Semitism and to measure the de power in Canada. They bring the gree to which it was either latent or wrath of a nation to a leadership too manifest. The results of the study are long indifferent, too apathetic and too generally favourable but the impact of distant from the needs of its minorities. its conclusions may well have a pro There is, in Canada today, a callous found effect upon the manner in which disregard for the realities and the man we perceive anti-Semitism in Canada. ifestations of hate. It is reflected in laws The study concludes that the major that are inadequate (and therefore ity of Canadians (over eighty percent) unenforceable) against purveyors of do not perceive Jews as being any dif hatred, who disseminate tape-recorded ferent from themselves. In short, over anti-Semitic sermons to their congre all attitudes towards Jews in Canada gants—with immunity; who speak of a are either positive or neutral as op world-wide Jewish conspiracy and of posed to negative. It is significant, how Jews as a cancer, a parasite on civili ever, that there remains a firmly established zation—with immunity; who today deny group of between six percent and twenty the existence of the Holocaust as an percent of Canadians who continue to ex historical fact and who argue that it is hibit varying degrees of prejudice towards yet a matter for continued debate, and Jews which manifests itself (in latent prej who do so, with immunity; who rely udiced attitudes) as a sensitivity towards upon the fundamental freedoms of the increased presence of Jews in their jobs, Canada to undermine those same free communities and social clubs. doms for other Canadians, and who do The core group (approximately six so, with absolute immunity and in fla percent) of anti-Semites, however, is grant violation of all that is right and more direct in its prejudice. For that just. The problem is as old as the Scrip group, the problem is not one that can tures and as clear as the Canadian readily be solved through the educa Charter of Rights and Freedoms and tional process. For this group (com the manner in which we, as Canadians, prised primarily of single, unemployed, deal with this travesty will, in large twenty-five years old or younger male measure, become a statement of Ca apartment dwellers with either very lit nadians as a People. tle education or a community college education and generally with no reli The Extent of Anti-Semitism gious affiliation), the Jew is viewed as Several months ago, the Canada-Is a modern day Shylock: less trust rael Committee commissioned a poll to worthy, less law-abiding, less honest,

54 JOURNAL OF JEWISH COMMUNAL SERVICE less charitable, more aggressive and munication between the Jewish com more influential with the media, in munity and significant numbers of con business and in politics than most other cerned Christians can resolve their Canadians. They are also of the belief prejudice, for their hatred is not the that Jews hold more important posi type of ignorance that necessarily can tions in Canada than do other Cana be dealt with at the level of social in dians. For the hard-core anti-Semites tercourse or community dialogue. Anti- the relationship between Canadian Jews Semitism in their case stems from an and Israel is not so much a question irrational, one-dimensional, all encom of dual loyalty as it is a matter of passing indictment and hatred of all disloyalty. To this group, there is no that is Jewish—without qualification. question of understanding or attempt Fixated on a specific rigid, racist ide ing to understand that the Jewish com ology, these groups see their functions mitment to their heritage does not nec as essentially messianic, requiring a race essarily conflict with the loyalty one war to purify the soul of Canada! Many feels to his or her country. It is this have formed themselves into organi attitude, that of the hard-core anti- zations which are part of a phenome Semite, that makes Jews vulnerable to non known as the "Identity Churches", attack from those who are prejudiced. a pseudo Christian movement which It is little wonder, then, that events in holds the belief that white-Anglo Sax the Middle East, while not creating anti- ons, not Jews, are the "true Israelites," Semitism, function as a vehicle to bring and God's chosen people.* Members out the latent prejudice which already of the movement refer to the "true forms part of their mentality. In short, identification of Israel," claiming that for the stereotypical anti-Semite, Israel Great Britain and, by extension, the is not the cause of anti-Semitism but United States, are the true Holy Land, his excuse for it.1 home to the true Israelites. Members The fact that the stereotypical hard of the "Identity" movement adhere to core anti-Semite represents a mere six the doctrine of the inherent superiority percent of Canada's population should of the white race which holds that not allow us to relax our vigilance over blacks and other non-white races are the activities of these groups. For them, on the same spiritual level as animals no amount of Holocaust symposia, no and therefore have no souls. Vicious amount of advanced high school or hostility toward these non-white races university curricula on Holocaust ed and relentless vilification of Jews are ucation, no amount of cultural dia major components of this movement's logue, no amount of bringing together theology of hate. teenagers of different cultures to pro According to a recent study, done mote understanding of each other's by the Anti-Defamation League of B'nai values and problems, no amount of in B'rith: volving educators in the development of exciting, remedial curricula, no Many "Identity" adherents also believe that amount of continuing educational ef the second coming of Jesus Christ is at hand and that American cities will go up in flames forts through the utilization of every preceding that event. This apocalyptic vision, technique or device for effective com- according to "Identity" followers, will come

1 Report of the Canadian Polling Institute, Project * The Movement claims 6,000 members, but #827048, A Study Commissioned by the Canada responsible Jewish organizations believe this fig Israel Committee, Ottawa, Canada, 1983. ure is grossly inflated.

55 HATE LEGISLATION IN CANADA

about as a result of a gigantic race war that ocide; the incitement to hatred of a will follow an attack upon the United States group in a public place where that in by the Soviet Union. They further believe citement is likely to lead to a breach that only members of the "Identity" move ment will survive to build a "new Israel" in of the peace; and all oral or written America. "Identity" followers are preparing statements made in public that willfully now for the race war and political and eco promote hatred against any identifiable nomic chaos which they envision will precede group. However, no move to combat the "second coming" 2 anti-Zionism (as anti-Semitism) or Hol In Canada, the major organizations ocaust denial literature is even seriously forming part of the Identity movement contemplated at this time. Although churches are the Aryan Nations both the Canadian Jewish Congress and Organization (known as the "Church the League for Human Rights of B'nai of Jesus Christ Christian" ) based in B'rith have proposed amendments to Fort Langley, British Columbia and op section 281 of the Code which would erating throughout the Lower Main make it an offense in Canada to deny land of B.C.* and certain elements of historical events (such as the Holocaust) the Ku Klux Klan, the national office for the purpose of inciting hatred of which is now based in New West against identifiable groups of people, minster, British Columbia. the likelihood of success is small. It is to these groups and others who In Canada today, the 1975 U.N. Res indulge in more sophisticated forms of olution equating Zionism with racism anti-Semitism across Canada** that the has opened the door through which hard-core anti-Semites will be most at the anti-Semites may freely pass. The tracted in difficult socio-economic times. resolution is used today by hate groups A democratic system can not afford the and known anti-Semitic publishing luxury of postponing action against such houses to disseminate hate literature organizations nor rely upon their mod against Zionists (read: Jews) under the est numbers for consolation. Organized guise of academic freedom and free bigotry and racism must be dealt with dom of speech. (The irony in permit immediately and at all levels of gov ting this is simply that it has never been ernment. This paper presents, in part, Canadian policy that individuals under certain specific remedies which can be the guise of freedom of speech and utilized to deal with this problem. freedom of action can say things or take steps to incite or advocate the Hate Literature destruction of freedom which all of us enjoy. In fact, Parliament has ordained Section 281, the Criminal Code of that certain kinds of speech have to be Canada,3 outlaws the advocacy of gen- curtailed in the public good as the po tential to harm outweighs the value to 2 A.D.L. Facts: The "Identity Churches": A The society in the guarantee of unrestricted ology of Hate; New York: 1983). Pps. 5, 12; Hate freedom of speech.4) Groups in America (N.Y.: A.D.L. Publications, 1982), pps. 54-59; Extremism on the Right: A Hand book (N.Y.: A.D.L. Publications, 1983), Pps. 1-3. 5 Criminal Code, R.S.C. 1970, c.C-34 as * Branch offices are soon to be established in amended, S.281.1-281.3. Calgary, Alberta and Regina, Saskatchewan. 4 Canadian Human Rights Commission v. Western ** Canadian League of Rights; Canadian Intel Guard Party and Taylor, July 20th, 1979 unre ligence Publications (Fleshenon Ontario); The ported; see also E. Lipsett, "Freedom of Expres Institute of Economic Democracy (Vancouver, sion and Human Rights Legislation," Manitoba British Columbia); Samisdate Publications Ltd. L.J., Vol. 12 (No. 3), 1983, pp. 285-336 at pp. (Toronto, Ontario). 313-319.

56 JOURNAL OF JEWISH COMMUNAL SERVICE

In contrast, Europe, and in particular proof—that is, something more than France and Germany, have recognized beyond a reasonable doubt. that denial of the Holocaust through Given the proliferation of Holocaust the perversion of history is tantamount denial pamphlets, booklets and mate to inciting hatred against the Jews. In rials surfacing in all regions of Canada France, Robert Faurisson, a former (materials which are deemed illegal in professor at the University of Lyon, most of the European countries), given was recently found guilty of incitement the generally laid back and unabridged to racial hatred by accusing interna interpretations placed by Canadian ju tional Zionism of a "gigantic swindle" rists upon such concepts as freedom of in inventing the Holocaust. Faurisson speech and academic freedom (which was ordered to pay damages for injury are not only dissimilar from interpre caused to Holocaust survivors in vio tations placed upon these concepts by lating his duties as an historian through European Courts but do not recognize his denial of the Holocaust. On appeal, any effective limitation in the interests the Court found that by so acting, of preserving those freedoms), given Faurisson had committed not merely a the recent multiplicity of extreme right- provocation but a racial slander.5 wing Identity Movement Churches in Canadian law, however, refuses to Canada who use their own interpre recognize these forms of anti-Semitism, tation of the New Testament to pro for Section 281 adds provisos which mote and justify so called "Aryan Cul make the possibility of any successful ture" and themselves as the "real and prosecution virtually negligible: con true People of Israel", it is likely that victions are barred where (a) the state Adolf Hitler himself could successfully evade ments made are proved to be true or criminal prosecution under the present pro (b) where the statements are an opinion visions of the Criminal Code. In short, in a religious argument or (c) where Section 281 of the Criminal Code of they are part of a discussion "for the Canada does not work if its purpose is public benefit" and can reasonably be to stop the dissemination of literary believed to be true, or (d) where the hatred. In the thirteen years that the statements are, in effect, part of an hate propaganda sections have been in assault on hatred. An additional stum the Criminal Code, only four cases have bling block under that section is the been prosecuted and any initial con requirement that the Prov. Attorney victions obtained have been overturned General involved give his or her con on appeal. sent for any Code prosecution. Critics Nor can one argue that the Canadian have argued that Attorneys General Human Rights Act fills the void created have refused to act even in clear cut by the Criminal Code of Canada. Firstly, cases of inciting racism. Furthermore, the impact of the new Canadian Charter no conviction under Section 281 can of Rights and Freedoms (enacted April be obtained under this Federal hate 17th, 1982) on both Section 281 of the law unless it is proven that the state Criminal Code and the Federal and ment was made willfully which the Provincial Human Rights Acts is yet to Courts have now determined to be far be interpreted. Litigation may deter beyond the criminal standard of mine that the new Charter may have made these Codes either unconstitu

5 tional or in possible contravention of Research Report: Institute of Jewish Affairs (Lon don: World Jewish Congress, December, 1982, specific provisions of the Charter itself. Nos. 20 & 21) Pps. 24-25. In any event, a great deal of time and

57 HATE LEGISLATION IN CANADA money will be expended before these that interim and permanent orders matters are resolved. Secondly, Section prohibiting the delivery of mail ad 13 of the Canadian Human Rights Act dressed to or posted by a specific per applies only to telephone messages, not son will be issued where it can be es others, such as those transmitted by tablished that a person is using the broadcasting. In addition, the provision mails to commit or attempting to com refers to repeated communications mit an offense or at least assisting an rather than a single one and makes it other to commit an offense, or is using clear that the telephone facilities must the mail in an attempt to commit an be a "telecommunications undertaking offense. The Zundel decision7 (October under the legislative authority of Par 18th, 1982) creates more ambiguities liament." Thus, telephone companies, than it resolves. It is unclear whether particularly in Western Canada are not the decision was based on the necessity covered by the provision. There would to prove a conviction under Section appear to be no defense such as truth, 281 of the Criminal Code as a pre fair comment or public good. It should condition to a prohibitory order or also be noted that the offense is that whether the decision was based on in of the person(s) communicating the sufficient evidence to sustain the order. message as opposed to the carrier by What is clear from the decision, how which the message was conveyed. The ever, is that the administrative board greatest inadequacy of the Canadian hearing the case was not satisfied that Human Rights Act, however, is that it a case had been established that Zun- can only order (under Section 13) that del's material amounted to the pro the communicator cease and desist from motion of hatred contrary to Section the discriminatory practice. Conse 281.2 (2) of the Criminal Code al quently, no order for payment of dam though they did not appear to base ages can be made. The fact that the their decision upon that point. The only successful application of this sec reason for concern over the adminis tion (i.e.: stopping a "dial-a-hate mes trative board's decision was its stated sage" in Toronto) is now before the view that the question of Holocaust courts again, except this time as a con denial was essentially "a much larger stitutional challenge to Section 13 (as problem or struggle between two peo being in possible violation of the new ples, i.e. the Germans and the Jews." Canadian Charter of Rights and Free The statement does not only represent doms), may bode ill for the future en a complete lack of understanding of forcement of human rights legislation events and legislation in Europe but it in Canada generally. fails to take cognizance of the reali Furthermore, the reinstatement of zation that Holocaust denial is, in real postal privileges to Samisdat Publishers ity, a sophisticated manifestation of in Toronto has now cast some doubt what today is called the "new anti- on the application of Section 41 of the Semitism". Again, a great deal of time Canada Post Corporation Act to future and money will be expended before cases involving the dissemination of the matter of future postal injunctions Holocaust denial literature through the is resolved. Canadian mails. Section 41 provides

7 Postal Board of Review decision on S.41 of 6 Canada Post Corporation Act, (29-30 Elizabeth the Canada Post Corporation Act, Samisdat Pub II), C.54, S.41, as amended. lishers Ltd.: October 18th, 1982.

58 JOURNAL OF JEWISH COMMUNAL SERVICE

Proliferation of Hate Literature Provincial Legislation It comes as no surprise then that Given the inherent inadequacies of Canada is one of the largest distribu federal criminal legislation it is neces tors of hate literature in the world. It sary to probe the possibility of using is a relatively simple matter for indi civil law suits and provincial libel and viduals to obtain (at less than $2.00 slander laws to stop the dissemination each) materials on Jewish Ritual Murder, and proliferation of hate literature in Protocols of the Elders of Zion, Debunking Canada. the Genocide Myth, The Hoax of the 20th Generally, provincial Human Rights Century, Anne Frank's Diary—A Hoax, Codes do not specifically deal with the For Those Who Can Not Speak, Did Six question of hate literature. In Ontario, Million Really Die?, Nurenberg: A New although an Ontario Human Rights Look, Six Million Lost and Found, The Commission Report in 1977 had rec "Problem of The Gas Chambers" or "The ommended adding a hate section to Rumour of Auschwitz, The Talmud Un Ontario's Code, the amendment has masked, The Jews and Their Lies, Ausch yet to take place. Such statutes gen witz: Truth or Lie? Israel's Five Trillion erally protect the individual from in Dollar Secret, The Zionist Rape of The fringements of his rights on a wide Holy Land, The Devil's Disciples and The religio-cultural range, e.g., religion, Hidden Hand of Judah. race, national origin and sex. Among It is a relatively simple matter for the provisions contained in Human individuals to obtain mailings in and Rights Codes across Canada is a pro from Canada, the effect of which is to hibition against the publication, display attribute all of the evils that have pla or broadcasting of signs, symbols or gued mankind through the millennia other representations "indicating dis to the "Zionist Troublemakers", the crimination or an intention to discrim "Zionist Hoax Artists", the "Zionist inate". In both Manitoba and Saskatch Henchmen", the "Zionist Tyranny and ewan the Acts are much broader in Terror" and the "Zionist Genocide that the specific provisions cover not Program". In Europe, individuals who just discrimination but also hate mes publish statements such as these are sages. In Saskatchewan, a further either fined or imprisoned. In Canada, amendment has extended the areas cir however, they are free to publish under cumscribed to include publications the guise of academic freedom and on which expose or tend to expose indi the unqualified principle of freedom of viduals to hatred, ridicule, or indignity. speech. The major problem with enacting leg islation at the provincial level to deal It is a relatively simple matter to tune with the problem of hate literature is in radio talk shows in Canada to hear primarily and fundamentally that crim so called "pastors" from the Identity inal law, per se, falls under federal not Churches speak of their fight for an provincial jurisdiction. If the problem Aryan National State where "it will be of hate literature is to be attacked pro- a capital offense to be a living Jew or vincially, the questions which will arise a race traitor." necessarily will involve whether such In short, the proliferation of hate provisions are beyond the jurisdiction literature in this country represents a of the provinces to the extent that they growing challenge to the democratic may apply to radio, television and/or system. cable broadcasting. There is also the

59 HATE LEGISLATION IN CANADA

question of whether provincial legis Administrative Remedies lation dealing with notices, signs, etc., It is perhaps because Europe has is, in fact, beyond the jurisdiction of known the ravages of war and wit the provinces. Separate and apart from nessed the trauma of the Holocaust considerations arising from the new that its member states have moved to Canadian Charter of Rights and Free deal with the problems of racism and doms, there is Canadian law to the the manifestations of anti-Semitism. It effect that although the provinces have may well be that the absence of such jurisdiction to regulate property and tragedies on Canadian soil can explain civil rights, the prohibition of the dis Canada's bald naivete on such matters. semination of ideas, particularly on po In any event, it is certain that a national litical and religious subjects, is part of 8 strategy must be devised to deal with the criminal law power of Parliament. this problem—greater community According to the recently published awareness, organized bias task forces, work of Professor Walter Tarnopol-

9 greater sensitivity in educational, reli sky, unless there is evidence to show gious and public institutions, tighter that the effects of such messages would police vigilance and co-ordination of be to enhance discrimination against activities with police integrated intel the target groups (i.e. Jews) by ways or ligence units, stiffer judicial discipline by means prohibited by provincial hu and targeted laws. man rights legislation, the jurisdiction is federal. Separate and apart from the normal educational, social and religious dia It should be noted that one province, logue that has characterized the Jewish namely Manitoba, has a "group libel" community in its ongoing relationship provision included in its Defamation with the general Canadian population, Act. Although there have been very it is time to apply ourselves to the few cases on this provision, one notable specific task of how to deal with the case, Courchene vs. Marlborough Ho hard core anti-Semites and the Identity tel10, suggests that portions of the Act Churches who overtly and covertly vi may well be beyond the jurisdiction of olate the hate literature provisions of the province as being, in effect, "crim the Criminal Code but who can not be inal libel." The judge noted that mat prosecuted successfully because of in ters "tending to raise unrest or dis adequacies in that statute. order among the people" are for Parliament alone to decide. This does Given the inherent inadequacies of not, however, take away from the right legislation at the federal and provincial of an individual to use civil law suits level, it is time to deal with the problem in provincial libel and slander laws to of manifest anti-Semitism through ad seek redress from the Courts. The suc ministrative and structural channels. cess or failure of the action, in such Using administrative and structural ve case, will depend upon the manner in hicles already present within most com which the libel or slander was con munities will allow the Jewish com veyed. munity to combat the manifestations of anti-Semitism by attacking it in ways sSwitzman v. Elbing, (1957) S.C.R. 285. which are least likely to be covered by 9 Walter Tarnopolsky, Discrimination and the the media, through vehicles which will Law in Canada; Toronto: Richard De Boo, 1982, involve the smallest amount of cost and pp. 335, 338. 10 Courchene v. Marlborough Hotel (1971), 20 in all likelihood will involve the great D.L.R. (3rd) 109 (Manitoba Q.B.O. est probability of success.

60 JOURNAL OF JEWISH COMMUNAL SERVICE

Administrative Actions X. Defacing Public Property Any by-laws or ordinances which deal with Special legal committees should be the defacement of public property; established in each Canadian Jewish XI. Institutional Vandalism, Ethnic Intimi Federation with a mandate to review dation and Civil Remedies Any by-laws or ordinances dealing with (a) specifically all existing city and/or mu the defacing of structures or places used for nicipal by-laws for legislation relating religious worship or other religious purposes; to: (b) the desecration of places used for the purpose of burial or memorializing the dead; I. Marches or Parades or (c) any defacement of schools, educational Committees should study and analyze the facilities or community centers (or the grounds procedures which must be followed by groups adjacent to each of the aforementioned or or organizations in obtaining formal march personal property contained within or on or parade permits for any projected dem them). onstrations that they may have in order to Separate and apart from any criminal pros ensure that each procedure has been followed ecution which may result from these activities, to the letter (e.g. trespass); a civil remedy should be statutorily estab lished which would permit general and special II. Unlawful Assembly damages for relief. The Anti-Defamation Any by-laws relating to the unlawful assem League of B'nai B'rith has recently put forth bly by individuals or organizations at or near a model statute upon which such legislation public places; (with adaptation and modification for use by III. Prohibited Publications Canadian institutions) can be based. Any by-laws relating to the public display of any prohibited publications; Other administrative actions which may be IV. Distribution to Youth of use in dealing with anti-Semitic individuals Any by-laws relating to the distribution of or organizations at the grass roots level would morally offensive materials to children; include: V. Littering Incorporations and Charitable Societies Individuals or organizations distributing anti- A check on the possible incorporation of Semitic leaflets (e.g., on car windshields) with any suspected right-wing extremest organi out proper approval, may fall under this bylaw zations into local branch Registrar of Com or some variation of it; panies. If any of the "Identity Churches" for VI. Breach of the Peace example, are incorporated, the corporate doc Any by-laws relating to activities of groups uments including the Objects and the by-laws or individuals which may be interpreted as can be reviewed and monitored so as to en being in breach of the peace; sure absolute compliance without deviation. VII. Licences Corporate members are normally entitled to In many cases, a criminal record can serve make Chambers Applications in such an event. as a circumstance in denying various kinds of Furthermore, as such organizations may be licences. Some consideration may be given to using charitable societies as covers for racist a remedy of this nature depending upon the activities, monitoring the activities of such particular situation; "charitable" societies is vital. Violations of its VIII. City Graffiti Lines objects may result in revocation of the soci Federations may wish to consider the pos ety's charitable tax status (and related mem sibility of applying to their local city councils bership benefits that accrue by virtue of that for a 24-hour graffiti hot-line which would status). The Ku Klux Klan, for example, is provide that the Department of Public Works incorporated in the Province of Alberta; would be empowered to remove any anti- Monitoring Semitic graffiti from public places within 24 (a) Mailings: hours of the report being made; It is imperative that any agency moni IX. Open Fire Ordinances toring suspected right-wing extremest organi Any by-laws or Ordinances dealing with zations in Canada should arrange to be placed individuals or organizations starting open fires upon the mailing list of such an organization (ie: cross-burnings) in unauthorized locations and to monitor, actively and passively, any or, alternatively, without having obtained the scheduled meetings for either prohibited and/ proper permit, where required; or racist materials. In addition, Jewish com-

61 HATE LEGISLATION IN CANADA

munity leaders throughout the province should seminates hate literature through the Cana be advised of the dates, times and places of dian mails. It is important that both the en such meetings in their localities as well as the velope and the contents containing suspected names (and pseudonyms) of both the organi anti-Semitic material be forwarded to local zation and its leaders. Monitoring such activ Federation offices. ities in outlying areas is particularly vital and Customs the relaying of information to the nearest Familiarity with any and all relevant Cus Federation office will ensure the continuity toms Regulations as well as the lists of all and completeness of all information. publications and publishing houses whose ma (b) Radio talk shows: terials and books may be prohibited in Can Monitoring radio talk shows in local com ada. A great deal of material from numerous munities should also form an essential part publishing houses in the United States and of the monitoring process. Several commu Europe has already been prohibited and par nities have, to date, arranged a telephone ticular attention should be paid to Schedule response system whereby individuals who ob "C" of the Tariff Section which deals with tain air time to broadcast racist attitudes and Prohibited Goods and, in particular, Item philosophies are responded to rapidly and 99201-1 which states that "books, printed efficiently by specified individuals in each paper, drawings, paintings, prints, photo community who are fully knowledgeable about graphs or representations of any kind of a the subject areas." treasonable or seditious, or of an immoral or (c) The written media: indecent character" may be prohibited. Knowledge of the names, pseudonyms and Therefore, knowledge of the Customs regu philosophies of such organizations on a con lations in this regard is absolutely imperative. tinual basis will ensure that letters to the Monitoring these prohibited materials at the editor (for instance) are replied to by indi meetings of extreme right-wing organizations viduals whose task it is to monitor newspapers should be maintained. All Customs stamps which for such publications. Information on both may appear on such materials either directly the individuals and their organizations will or on the envelopes containing them should assist in consultations with the editorial boards be retained. of local newspapers which normally require Disciplinary Proceedings correct names and addresses prior to publi Where local school board committees on cation. Newspaper editors do not take kindly racism have not yet been established in local to publishing letters signed by authors using school districts, efforts to do so should be fictitious names. On another matter, while undertaken in order to establish guidelines freedom of the press is accepted as a given, in the schools on the process by which racial it would not be inconsistent to request that incidents are to be dealt with. Teachers who activities of such organizations not appear on consistently violate the accepted teaching the front page of a particular newspaper. standards set by their respective departments However, where press councils exist, careless of education should remain subject to disci and/or ill-considered actions or expressions plinary proceedings. The manner in which by a newspaper must be challenged. the Keegstra case was dealt with represents Postal Information the classic example of using existing provin Section 41 of the Canada Post Corporation cial legislation to maintain commonly ac Act, as discussed, allows for the possibility of cepted standards of educational instruction. an injunction against any distributor who dis- Any provincial Acts relating to public school education in Canada should be seriously re viewed and scrutinized. 11 However, where radio stations consistently feature racist and/or anti-Semitic speakers and where they are emphatic about continuing such Conclusions a course of action, Federations should consider application to the Canadian Radio and Television Deepening hostility to Israel, an in Commission (C.R.T.C.) and should focus their at crease in potentially violent anti-Sem tention on the renewal of the station's broad itic incidents, the growing militancy of casting licence. Attention should be paid to the right-wing and left-wing extremist station's responsibility to the public and its ques tionable right to continue the transmission of groups, the formation of an intellectual such threatening and blatently inflammatory pro right with its racist ideas and the efforts grams. to falsify history by denying the Hol-

62 JOURNAL OF JEWISH COMMUNAL SERVICE

ocaust—this is the face of the new anti- new anti-Semitism is more likely to in Semitism, the new Jewish condition in volve acts of vandalism and possibly Canada. terrorism than discrimination, which To this and more, to the rue Cop- means that it will have to be fought ernics of our time, the Jewish response with greater militance by Jews around must be, quite simply, to let none of the world. it pass. As a community we must cease The right to freedom of expression worrying about making waves, the is a right to freedom of expression of waves are being made for us. The no opinion. Hatred is not an opinion. It tion that if Jews acted any differently, is an emotion. Jean Paul Sartre, in his so would their enemies, is ridiculous. book Anti-Semite and Jew, has written: The Jew is the victim of anti-Semitism, "I refuse to characterize as opinion a not its cause. Goldenberg's restaurant doctrine that is aimed directly at par in Paris would have been bombed even ticular persons and that seeks to sup if Arik Sharon was not having his way press their rights or to exterminate with the West Bank. them". Hatred, itself cannot be abol A recent report on anti-Semitism is ished. The propagation of hatred can sued out of London by the Institute of and should. Jewish Affairs concluded with these The substitution of administrative words: remedies for what are essentially crim inal problems does not, in any way, Anti-Semitism can not be cured. It can only diminish a government's constitutional be fought. And it has been demonstrated responsibility to enact effective crimi many times that Jews are the only people who can be counted upon to fight it. nal legislation capable of dealing with those factors which could ultimately What then is the sum total of all of threaten its entire population. I say its this? It is probable that we are indeed entire population because Jews have in for a new wave of anti-Semitism, traditionally been the barometers of one that will be most difficult to fight the societies in which they have lived, by our traditional methods. The ques and as it has gone with the Jewish tion is not so much the existence of people, so it has generally gone with anti-Semitism but whether it is manifest democracy. Canada's refusal to deal or latent. There is little question that with the realities of hatred in the 1980's after a generation of latency, it is be will not only be seen as a reflection of coming more manifest today. In a very this country's stand in the area of en real sense, the mid 1970s mark, among forcement of human and civil rights, other things, the demise of the taboo but may be the harbinger of things to against Jewish hatred. Therefore, the come.