Out-Law / Your Daily Need-To-Know

The Canadian Human Rights Tribunal has delivered what is believed to be the first ruling in a human rights complaint involving a web site. Ernst Zundel, who ran a Holocaust denial site, was found to have contravened the Canadian Human Rights Act.

In its ruling, the Tribunal concluded that the site at zundelsite.org created conditions that allow hatred to flourish. In its view, the "tone and expression of these messages is so malevolent in its depiction of Jews, that we find them to be hate messages within the meaning of the Act."

As for the effect of the Act to limit freedom of speech, the Tribunal wrote: "the benefit continues to outweigh any deleterious effects on [Zundel's] freedom of expression."

The Canadian case was fraught with substantial delays caused by numerous motions and appeals by Zundel. Consequently, more than 50 days of hearings were held over a period of four years.

However, the ruling this month may only be symbolic. The site continues to operate and Ernst Zundel now lives in the US where he is protected by the country's broad Constitutional right of free speech.

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