IN THE FEDERAL COURT OF CANADA
TRIAL DIVISION

ERNST ZÜNDEL

APPLICANT

-AND-

THE ATTORNEY GENERAL OF CANADA

RESPONDENT

ORIGINATING NOTICE OF MOTION

YOU ARE HEREBY ADVISED that ERNST ZÜNDEL will be making an application to the Court, on a day and at a time and place to be set by the Court, for the purpose of obtaining

(a) an Order in the nature of certiorari with prohibition in aid quashing the decision of the Canadian Human Rights Commission under section 44 (3)(a) of the Canadian Human Rights Act, 1976-77, c. 33, s. 1 (herein after called "the Act") to request the President of the Human Rights Tribunal to appoint a Human Rights Tribunal to inquire into two complaints laid against the applicant by Sabina Citron and the Toronto Mayor's Committee on Community and Race Relations and prohibiting any hearing before the Human Rights Tribunal on the said complaints; as beyond the jurisdiction of Section 13(1) of the Act.

(b) relief under section 24(1) of the Canadian Charter of Rights and Freedoms in the nature of certiorari with prohibition in aid;

(c) an Order for a stay of proceedings pending the determination of this judicial review application, directing a stay of any inquiry by a Human Rights Tribunal under the Act;

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(d) a Declaration pursuant to Section 24(1) of the Canadian Charter of Rights and Freedoms that the actions of the Canadian Human Rights Commission is in contravention of Section 2(b) of the Charter and not a limit prescribed by law pursuant to Section 1 of the Charter and permanently enjoining any further proceeding upon the complaints referred to above;

(e) a Declaration that Section 13(1) of the Act is ultra vires the Parliament of Canada pursuant to Section 52 of the Constitution Act, 1982 for breach of section 2(b) of the Charter if section 13(1) applies in these circumstances, contrary to the above;

(f) such further and other relief as this Honourable Court may deem just.

The application is based on the following grounds:

(a) The passages complained of originate from and are exclusively contained in the "Zündelsite", an Internet World Wide Web site located at Web Communications in Santa Cruz, California, United States of America which website is created and operated by Dr. Ingrid Rimland. The Canadian Human Rights Commission is acting in excess of jurisdiction by claiming jurisdiction under section 13 of the Canadian Human Rights Act over an Internet site located in the United States. These messages are not caused by nor do they originate, wholly or in part, telephonically from a telecommunication facility within the jurisdiction of Parliament.

(b) The Canadian Human Rights Commission is acting in excess of jurisdiction by proceeding with complaints which are oppressive, vexatious and harassing in that they are an attempt to silence the applicant's same views on World War II which have been the subject of two criminal trials, one postal hearing and numerous requests for the laying of false news and hate charges against him, all of which resulted in the finding that the applicant's views on World War II do not constitute an incitement to hatred. The complaints are vexatious, an abuse of process, and a violation of sections 2(b), 7, 12 and 15 of the Canadian Charter of Rights and Freedoms and fall within the meaning of subsections 41(b) and (d) of the Canadian Human Rights Act.

(c) The Canadian Human Rights Commission is acting in excess of jurisdiction in that the Internet does not fall within the purview of section 13 of the Canadian Human Rights

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Act, 1976-77, c. 33, s. 1. It is a unique, interactive communications medium which is protected under section 2(b) and 7 of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights. If Section 13(1) of the Act can be so interpreted, this section should be re-considered under section 52 of the Constitution Act of Canada as entirely different than was considered in the Taylor case.

(d) That a reasonable apprehension of bias and abuse of discretion exists on the part of the Canadian Human Rights Commission arising out of internal documents of the Commission which reveal it prejudged or appeared to prejudge the applicant as a "hatemonger," classified his writings as "Holocaust denial" which it judged to be "hate", and made no effort to determine the truth or falsity or value of what it called "Holocaust denial" before classifying it as falling within section 13 of the Canadian Human Rights Act.

(e) The complaints are in violation of the Canadian Multiculturalism Act which the Canadian Human Rights Commission is bound to enforce pursuant to section 3. The statute requires all federal commissions and agencies to enhance and promote the understanding of and respect for the ethnic diversity of the Canadian population. This includes those of German ethnicity such as the applicant who bring a German viewpoint to the discussion of World War II history. The Canadian Human Rights Commission is violation both the Canadian Multiculturalism Act and the Canadian Charter of Rights and Freedoms, section 27 and its own mandate to protect the human rights of all Canadians, including Germans.

This application will be supported by the following material:

The affidavit of Dr. Ingrid Rimland.

The affidavit of Barbara Kulaszka.

Such further and other material as counsel may advise and the court permit.

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NOTICE TO THE RESPONDENTS:

You are required to take cognizance of the within application for judicial review and make opposition thereto in accordance with its terms and the appropriate provisions of the Rules of this Court.

If you fail to do so, you will be subject to have such judgment given as the Court may think just on the applicant's own showing.

Note: (1) Copies of the Rules of Court, information concerning the local offices of the Court, and other necessary information may be obtained on application to the Registry of this Court at Ottawa (telephone 613-992-4238) or at any local office thereof. (2) This application for judicial review is filed by Douglas H. Christie of Victoria, British Columbia, attorney or solicitor for the within name applicant.

DATED at Victoria, British Columbia, this 12th day of December, 1996.

[signed]
Douglas H. Christie,
Counsel for the Applicant

810 Courtney St.,
Victoria, B.C.
V8W 1C4
Phone: (604) 385-1022
Fax: (604) 479-3294

TO:
THE REGISTRAR OF THE FEDERAL COURT OF CANADA
THE ATTORNEY GENERAL OF CANADA
THE CANADIAN HUMAN RIGHTS COMMISSION

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