Toronto, Ontario, Tuesday, May 13, 2003

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Canadian rights panel warned firm of hate literature

U.S. Internet giant pulls Zündel's Web site

Adrian Humphreys
National Post

A LARGE U.S. Internet service provider has pulled the plug on Ernst Zündel's controversial Web site after the Canadian Human Rights Commission warned the site contained hate literature.

In a March 27 letter to the chief executive officer of QWest Communications, a Denver-based company with 25 million customers, the commission brought the Zündel site to the Internet giant's attention.

"We have an acceptable use policy and when the Canadian Human Rights Commission brought to our attention that Mr. Zündel was publishing hateful material we worked ... to see it was removed," said Claire Maledon, spokeswoman for QWest.

QWest's policy prohibits distribution of material that is hateful, obscene, abusive or excessively violent.

Daniel Lavoie, spokesman for the commission, said Mr. Zündel's return to Canada in February after his deportation from the United States revived the commission's interest in the ruling that the Zündel site was spreading material inciting hatred against Jews, a violation of the Canadian Human Rights Act.

The site, however, re-emerged yesterday on another U.S. host server.

Mr. Zündel is in detention in Canada pending a Federal Court review of the government's declaration that he is a threat to national security, an order requiring removal to his native Germany.

He lived in Canada for decades, drawing criticism for his Holocaust denial and for publishing the views of neo-Nazis and white supremacists. Some of the material placed on the Zündel site brought public complaints to the commission in 1996.

It sparked a lengthy case before the Canadian Human Rights Tribunal. Hearings started on May 26, 1997, and ended on Feb. 28, 2001. A decision was rendered on Jan. 18, 2002.

By the time the decision was filed, Mr. Zündel had left Canada for Tennessee and the Zündel site was moved from a Canadian-based Internet server to one in the United States.

Jewish groups were pleased the commission is aggressive in enforcing the tribunal's ruling.

"It is important that all effective means be used against any individual who would support or spread hate. The content of the Web site he was found responsible for continues to contain much of the original material," said Anita Bromberg, in-house counsel for B'nai Brith Canada, a group accepted as an interested party in the original complaint against the site.

The actions of the commission drew the ire of Ingrid Rimland, Mr. Zündel's wife, who called the tribunal that ruled against her husband an "obscene, Marxist-flavoured outfit."

In an e-mail to supporters, she said:

"An administrative Canadian body with no enforcement powers of their own -- recently described by Ernst as a 'hick tribunal' that had ruled that historical truth not be allowed as a defense -- is telling an American communications giant like QWest to 'cease and desist' -- or have its employees face arrest at the northern border! And the giant falls to his knees and gives in."

Ms. Rimland did not return phone calls yesterday.

Mr. Lavoie and Ms. Maledon said no such threat against Qwest employees was ever made.

Meanwhile, Mr. Zündel's U.S. lawyer, Boyd W. Venable III, who lived near Mr. Zündel and his wife in Pigeon Forge, Tenn., said he was filing suit in U.S. court claiming Mr. Zündel's deportation to Canada was illegal.

"Zündel had been living with his wife peaceably in Tennessee for almost three years, awaiting immigration processing. He posed a threat to no one," Mr. Venable said in a written statement.

He said U.S. immigration authorities were sent written notification by Mr. Zündel's immigration attorney of a need to change a scheduled court appearance in Mr. Zündel's bid to be granted status in the United States. Despite that, when Mr. Zündel did not appear in court he was deemed to have abandoned his claim and was immediately deported to Canada, Mr. Venable said.

ahumphreys@nationalpost.com

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