Opinion: Any prosecution for Holocaust denial inevitably involves providing a bullhorn to deniers and their cause, as has occurred in trials around the world.
It appears Ottawa has already answered the first question. In an effort to criminalize Holocaust denial quickly, the feds havebill that will amend the Criminal Code to “prohibit the communication of statements, other than in private conversation, that willfully promote anti-Semitism by condoning, denying or downplaying the Holocaust.”
As unpleasant as it might be, we ought to remember Ernst Zundel, the Holocaust denier who was twice prosecuted and twice convicted of publishing false news, which in his case involved denying the Holocaust. Zundel successfully appealed both his convictions, with the second appeal coming in 1992 when the Supreme Court of Canada declared the law an unconstitutional abridgement of the Charter right to freedom of expression.
The theatrics didn’t end at the courtroom door, either, as Zundel’s trial included testimony from notorious Holocaust denier historian David Irving, effectively coating denialism with an ersatz element of academic respectability. Rather, the entire circus worked to the advantage of Zundel and other deniers. Ever aware of the value of publicity, Zundel summed up his experience best when he remarked, “It cost me $40,000 in lost work — but I got $1 million worth of publicity for my cause. It was well worth it.”
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