1 Speech and Harm: Genocide Denial, Hate Speech and Freedom Of
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Hate Crimes and Hate Group Activity in Canada
HATE CRIMES AND HATE GROUP ACTIVITY IN CANADA Mark Sandler* When I arrived in Fredericton, I expected to be asked questions such as “just how bad is hate group activity in Canada?”, and “how does freedom of speech limit the application of the criminal law to hate propaganda?” Instead, the first question I was met with was “what do you think of Professor Yaqzan and his comments about the male-female relationship?” Though I had not intended to address Professor Yaqzan, my combative nature and my strongly held views compel me to weave some comments about him, in some subtle way, into my presentation. I will attempt, here, to persuade you of three things. First, few appreciate the prevalence of hate group activity in Canada. Second, the criminal law is the most appropriate vehicle to combat that hate group activity in Canada. Third, freedom of speech does not prevent a democracy from dealing with the wilful promotion of hatred and racially motivated crimes. Whereas legitimate defenders of freedom of speech raise legitimate concerns about inhibiting this basic freedom, freedom of speech is also being used by the racists in our midst to disguise the true nature of their activity, and to seek immunity for hate propaganda that undermines the very fabric of our society. On 1 July 1990,1 had the misfortune of witnessing a Neo-Nazi rally held in Metcalfe, Ontario, near the nation’s capital. One hundred to two hundred and fifty Neo-Nazi “skinheads” congregated in a blasphemous celebration of Canada Day. Racists came together from Toronto, Montréal, Hamilton, Eastern and Western Canada, the United States, England and elsewhere. -
Judging Stories
LCB_18_1_Art_2_Novogrodsky (Do Not Delete) 4/25/2014 8:00 AM JUDGING STORIES by Noah Benjamin Novogrodsky This Article uses the confluence of incitement to genocide and hate speech in a single case to explore the power of stories in law. That power defines how we see the world, how we form communities of meaning, and how we speak to one another. Previous commentators have recognized that law is infused with stories, from the narratives of litigants, to the rhetoric of lawyers, to the tales that judges interpret and create in the form of written opinions. “Judging Stories” builds on those insights to address the problems posed by transnational speech and the question of which norms apply to inflammatory publications transmitted across borders. This Article introduces the term “master story” to make three related claims. First, states produce and rely upon master stories—constitutive legal narratives—that define political culture and shape the contours of permitted and forbidden speech. Second, judges play a unique role in constructing master stories. Judicial speech is different than other forms of commentary and serves to join law with communal fables in ways that legitimate some stories at the expense of others. Third, courts and tribunals are beginning to use incitement to genocide—but not hate speech—to write a new master story. As geographically and temporally removed tribunals are called upon to adjudicate hateful expression from outside the master story, a global process is unfolding that may serve to reset the balance between unfettered speech and the threat of dignitary harms posed by incendiary language. -
Holocaust-Denial Literature: a Third Bibliography
City University of New York (CUNY) CUNY Academic Works Publications and Research York College 1998 Holocaust-Denial Literature: A Third Bibliography John A. Drobnicki CUNY York College How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/yc_pubs/26 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Holocaust-Denial Literature: A Third Bibliography John A. Drobnicki This bibliography is a supplement to two earlier ones published in the March 1994 and Decem- ber 1996 issues of the Bulletin of Bibliography. During the intervening time, Holocaust revision- ism has continued to be discussed in both the scholarly literature and the mainstream press. The Holocaust deniers, who prefer to call themselves “revisionists” in an attempt to gain scholarly le- gitimacy, have refused to go away and remain as vocal as ever— Bradley R. Smith has contin- ued to send revisionist advertisements to college newspapers, generating publicity for his cause. Holocaust-denial, which will be used interchangeably with Holocaust revisionism in this bib- liography, is a body of literature that seeks to “prove” that the Jewish Holocaust did not hap- pen. Although individual revisionists may have different motives and beliefs, they all share at least one point: that there was no systematic attempt by Nazi Germany to exterminate Euro- pean Jewry. Hence, they claim that the Holocaust is a “hoax” perpetrated by Jews (“Zionists”) in an attempt to blackmail the rest of the world for sympathy, money, and legitimacy for the state of Israel. -
Holocaust Denial Cases and Freedom of Expression in the United States
Holocaust Denial Cases and Freedom of Expression in the United States, Canada and the United Kingdom By Charla Marie Boley Submitted to Central European University, Department of Legal Studies In partial fulfillment of the requirements for the degree of … M.A. in Human Rights Supervisor: Professor Vladimir Petrovic Budapest, Hungary 2016 CEU eTD Collection Copyright 2016 Central European University CEU eTD Collection i EXECUTIVE SUMMARY Freedom of expression is an internationally recognized fundamental right, crucial to open societies and democracy. Therefore, when the right is utilized to proliferate hate speech targeted at especially vulnerable groups of people, societies face the uncomfortable question of how and when to limit freedom of expression. Holocaust denial, as a form of hate speech, poses such a problem. This particular form of hate speech creates specific problems unique to its “field” in that perpetrators cloak their rhetoric under a screen of academia and that initial responses typically discard it as absurd, crazy, and not worth acknowledging. The three common law jurisdictions of the United States, Canada, and the United Kingdom all value free speech and expression, but depending on national legislation and jurisprudence approach the question of Holocaust denial differently. The three trials of Holocaust deniers Zundel, Irving, and the the Institute for Historical Review, a pseudo academic organization, caught the public’s attention with a significant amount of sensationalism. The manner in which the cases unfolded and their aftermath demonstrate that Holocaust denial embodies anti-Semitism and is a form of hate speech. Furthermore, examination of trial transcripts, media response, and existing scholarship, shows that combating denial in courtrooms can have the unintended consequence of further radicalizing deniers and swaying more to join their ranks. -
Homophobic Hate Propaganda in Canada
\\server05\productn\G\GHS\5-1\GHS107.txt unknown Seq: 1 17-MAY-07 8:17 Homophobic Hate Propaganda in Canada Dr. Ellen Faulkner [email protected] I. INTRODUCTION While the typical hate crime is perceived to be of a violent nature perpetrated by individuals connected to Nazi and neo-Nazi groups and white supremacists, a more insidious form of hatred exists in the form of hate propaganda (Kinsella 1994; Martin 1995; Sher 1983; Sunahara 1981; Abella and Trooper 1982; Barrett 1987; Betcherman 1975; Bolaria and Li 1985; Frideres 1976). In Canada “hate messages take a variety of forms including flaming crosses, heckling at memorial services, music, and dese- cration of synagogues, mosques, or temples” (Commission for Racial Equality 1999, quoted in Kazarian 1998, 204). “In the winter of 1992, a lone protestor at an Ontario university disrupted a Kristallnacht (night of broken glass) ceremony in memory of the 1938 attack by Nazi soldiers on Jewish homes and businesses” (Gillis 1993, quoted in Kazarian 1998, 204). And “on a May 1993 weekend in London, Ontario, 40 members of the Ku Klux Klan—men, women, and children wearing white robes and conical hats—attended a cross-burning ceremony to celebrate the white race on a private property” (Swainson and Small 1993, quoted in Kazarian 1998, 204). In 1994, a skinhead in Toronto was sentenced to four years in prison for beating a Tamil immigrant into paralysis. Just before the attack, the man had attended a racist rock concert where he was inspired by such lyrics as “These boots are made for stompin’. -
Anti-Semitism: Myth and Hate from Antiquity to the Present by Marvin Perry and Frederick Schweitzer Tells a Story That Must Be Confronted and Overcome
PRAISE FOR ANTISEMITISM: “This book is timely, useful, and admirably readable. Its voice needs to be heard.” —Michael R. Marrus, Chancellor Rose and Ray Wolfe Professor of Holocaust Studies and Dean of the Graduate School, University of Toronto “A lucidly written work that reminds us that Man’s myth-making propensity lives side by side with his rationality.” —Henry L. Feingold, Board of Directors of the Center for Jewish History “[A] tour de force [that] follows upon the late Edward H. Flannery’s ground- breaking classic, The Anguish of the Jews.” —John Pawlikowski, O. S. M., President, International Council of Christians and Jews, Journal of Ecumenical Studies “[W]ell-written and insightful... well researched and quite worthwhile.” —Leonard Dinnerstein, Church History “A substantial, comprehensive, and updated historical survey of the main anti- semitic myths.” —Leon Volovici, Antisemitism International “Anti-Semitism: Myth and Hate from Antiquity to the Present by Marvin Perry and Frederick Schweitzer tells a story that must be confronted and overcome. Times such as these put the Perry-Schweitzer book on the required reading list.” —Editorial, Richmond Times-Dispatch “Perry and Schweitzer navigate the history of anti-Semitism with a firm hand, utilizing the latest scholarship and confronting controversial issues without fear.” —Library Journal “An extensive and informative survey and analysis of anti-Semitic myths... Antisemitism should be found upon the Judaic Studies shelves of every college and community library in the country.” —Midwest Book Review “[The authors] have rendered an invaluable service... explor[ing] and expos[ing]... anti-Semitism, a perennial plague of Western civilization.” —Rabbi Israel Zoberman, The Virginian Pilot “A wonderful read on a poignant topic. -
HOLOCAUST DENIAL Kenneth S
HOLOCAUST DENIAL Kenneth S. Stern The American Jewish Committee New York Kenneth S. Stern is program specialist on anti-Semitism and extremism for the American Jewish Committee. The American Jewish Committeeprotects the rights andfreedoms ofJews the world over; combats bigotry and anti-Semitism andpromotes hwnan rights for all; works for the security of Israel and deepened understanding between Americans and Israe- lis; advocates public policy positions rooted in American democratic vulues and the perspectives ofthe Jewish heritagr: and enhances the creative virality of the Jewish people. Founded in 1906, it is the pioneer human-relations agency in the United States. Copyright 0 1993 The American Jewish Committeen All rights reserved Library of Congress catalog number 93-070665 ISBN 0-87495-102-X First printing April 1993 Second printing June 1993 Third printing July 1994 This publication is dedicated to the memory of Zachariah Shuster, who gave 40 years of extraordinary service to the cause of world Jewry, human rights, and Jewish-Christian understanding. He opened AJC's European office in 1948, helping thousands of Holo- caust survivors, and, later, North African Jews fleeing anti-Semi- tism, rebuild their lives. On behalf of the AJC, he had a hand in establishing the Conference on Jewish Material Claims Against Germany, the passage of Nostra Aetaze-which marked a turning point in Catholic attitudes toward Jews-and the publication of German textbooks containing accurate information about Jews, Judaism, anti-Semitism, and the Holocaust. In the early 1950s, Zachariah Shuster was one of the first to speak out about the plight of Soviet Jewry. -
A Discourse Analysis of Holocaust Denial Web Sites
City University of New York (CUNY) CUNY Academic Works Publications and Research College of Staten Island 2004 Rewriting the Holocaust Online: A Discourse Analysis of Holocaust Denial Web Sites Mark Aaron Polger City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/si_pubs/157 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Rewriting The Holocaust Online: A Discourse Analysis of Holocaust Denial Web Sites by Mark Aaron Polger A thesis presented to the University of Waterloo in fulfilment of the thesis requirement for the degree of Master of Arts in Sociology Waterloo, Ontario, Canada, 2004 ©Mark Aaron Polger 2004 Table of Contents Author’s Declaration ii Borrower’s Page iii Abstract iv Acknowledgements v Dedication vi Table of Contents vii Chapter One: Introduction 1 Why Holocaust Denial? 1 What is Holocaust Denial? 2 Where Does Holocaust Denial Flourish? 4 Definitions 5 Anti-Semitism 5 Digital Library 7 Discourse 8 Discourse Analysis 8 Hate Group 9 Historical Revisionism 9 Holocaust 11 Holocaust Trivialization 12 Legitimacy 14 Race 15 Zionism 16 The Holocaust Today 18 Thesis Questions 20 How do deniers attempt to attain legitimacy through their web pages? 20 What rhetorical strategies do they employ on their web sites? 21 Thesis Outline 22 Chapter Two: Literature Review 23 Holocaust Denial on the Internet 23 Holocaust -
The Canadian Experience 1 Bruce P. Elman" Table of Contents I
CO MBA TTING RACIST SPEECH 623 COMBATTING RACIST SPEECH: THE CANADIAN EXPERIENCE 1 BRUCE P. ELMAN" This article traces a decade of Canadian Dans le present article, /'auteur examine une jurisprudence on hate speech and Holocaust denial decennie de jurisprudence canadienne a /'egard des historical revisionism. It first compares the cases of discours haineux et du neorevisionnisme. II compare Keegstra and Zundel and examines the d'abord le cas de Keegstra et de Zundel, et etudie constitutionality and efficacy of Criminal Code la constitutionnalite et /'efficacite des art. 319(2) et sections 319(2) and 181 as invoked in each case 181 du Code criminel invoques, respectivement. II respectively. The article then examines alternative considere /es mesures qui pourraient sanctionner le methods to the imposition of criminal sanctions for probleme de la propagande haineuse. II evoque /es addressing the problem of hate propaganda. The cas de Malcolm Ross, de John Ross Taylor et des cases of Malcolm Ross, John Ross Taylor and the Aryan Nations pour evaluer le bien-fonde du Aryan Nations are reviewed in order to evaluate the recours a la legislation sur /es droits de la use of human rights legislation to combat hate personne. L 'auteur conclut que, bien qu 'ii soil speech. The author concludes that while it is important de maintenir le Code criminel, la important for Canada to maintain criminal legislation sur /es droits de la personne presente legislation, human rights legislation has some des avantages considerables sur /es sanctions considerable advantages over criminal sanctions. prevues pour /es actes criminels. Elle donne lieu a Human rights hearings are less expensive, less time des audiences moins couteuses, moins longues et consuming, and less complicated than criminal moins compliquees que /es procedures criminelles. -
The Web of Hate: an Exploratory Study of Holocaust Denial on the Net
THE WEB OF HATE: AN EXPLORATORY STUDY OF HOLOCAUST DENIAL ON THE NET Daniela Di Giacomo B.A. (Hon), University of Ottawa, 2002 D.E.C., CEGEP John Abbott, Ste. Anne de Bellevue, 1999 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS In the School of Criminology O Daniela Di Giacomo 2005 SIMON FRASER UNIVERSITY Summer 2005 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. Simon Fraser University Ethics Approval The author, whose name appears on the title page of this work, has obtained human research ethics approval from the Simon Fraser University Office of Research Ethics for the research described in this work, or has conducted the research as a member of a project or course approved by the Ethics Office. A copy of the approval letter has been filed at the Theses Office of the University Library at the time of submission of this thesis or project. The original application for ethics approval and letter of approval is filed with the Office of Research Ethics. Inquiries may be directed to that Office. Bennett Library Simon Fraser University Burnaby, BC, Canada Holocaust denial is one manifestation of racist and antisemitic thought, the scope of which has increased dramatically over the last decade, especially on the Internet. This thesis applies an anti-racism framework to the study of Holocaust denial on the Internet with the objectives of identifying the key claims made by Holocaust deniers, the themes emerging from these claims, and how practitioners working in the fight against hate understand and identify the phenomenon of Holocaust denial. -
Keegstra Stories Made Up: Student by LINDA HOSSIE Subject of Jews Did Not Come up Globe and Mall Reporter Until Well Into the First Term
ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. Readings in Critical Thought and Cultural Literacy a humanities core curriculum linking knowledge, understanding, judgement and choice Edited by Stephen Duguid Humanities Core Curriculum Volume One IC 5219 Introduction and R4 Introductory Lesson 1987 V.1 S2, 90 v• 1 Readings in Critical Thought and Cultural Literacy7 A Humanities Core Curriculum Linking Knowledge, Understanding, Judgement, and Choice Volume One: Introduction and Introductory Lesson ttte ie this document does*timed %Abele Urn tothe author imfight ot Propei etithortzation imistbe use. -
Holocaust, Genocide and the Law
Holocaust, Genocide and the Law Spring 2006 Professor Michael Bazyler Whittier Law School Professor Stephen Feinstein University of Minnesota TABLE OF CONTENTS CHAPTER 1: INTRODUCTION ............................................................................1 1. Food For Thought....................................................................................................................................... 1 2. Death By Government - R.J. Rummel........................................................................................................ 2 3. The War Against The Jews - Lucy S. Dawidowicz.................................................................................... 5 4. The Destruction of The European Jews - Raul Hilberg.............................................................................. 6 5. Definition Of 'Genocide'............................................................................................................................. 8 6. Institute For The Study Of Genocide.......................................................................................................... 8 7. Modern Use and Misuse of Holocaust Terminology and Imagery........................................................... 10 a. PETA’s “Holocaust On Your Plate” Campaign................................................................................... 10 b. Holocaust comparisons resume ........................................................................................................... 14 c. After Peace: The First Palestinian-Israeli