Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site looking.UUCP Path: utzoo!watmath!looking!brad From: brad@looking.UUCP (Brad Templeton) Newsgroups: net.politics,net.legal Subject: Who was damaged by the hate literature Message-ID: <449@looking.UUCP> Date: Fri, 25-Oct-85 15:08:37 EDT Article-I.D.: looking.449 Posted: Fri Oct 25 15:08:37 1985 Date-Received: Sat, 26-Oct-85 04:16:52 EDT References: <913@decwrl.UUCP> <863@lsuc.UUCP> <73@ubc-cs.UUCP> Reply-To: brad@looking.UUCP (Brad Templeton) Organization: Looking Glass Software Ltd. Waterloo, Ontario Lines: 25 Xref: watmath net.politics:11680 net.legal:2499 Summary: Don't put people in jail for a tort that isn't there While Sherman's defence of the conviction of Zundel under the criminal code is probably correct, I think it's important to question if showing that the defendant knowingly said nasty lies about a group is enough. Shouldn't the jury also be shown solid evidence that somebody, somewhere suffered a loss, and shouldn't this be proven beyond a reasonable doubt? If I say, perhaps as a joke, that some public figure has no brain cells, or make a generalization like "All Judges are corrupt" or "members of the Nazi party are all sodomites", I might be guilty under this act. I think in Zundel's case the crown should have been required to produce people who had read Zundel's writings and had their opinions changed to falsehoods by them. ------- When passing laws that restrict fundamental rights, we must always consider how they might be used by an evil government. We must ask questions like, "how could the government stretch this law to get somebody they wanted to get?" I don't think this law lives up to that test. -- Brad Templeton, Looking Glass Software Ltd. - Waterloo, Ontario 519/884-7473