The Charge

Ernst Zündel was charged on 18 November 1983 under section 177 of the Criminal
Code of Canada which provides:
Every one who willfully publishes a statement, tale or news that he knows is false and
that causes or is likely to cause injury or mischief to a public interest is guilty of an
indictable offence and liable to imprisonment for a term not exceeding two years.
The charge was originally laid under a private complaint by Canadian Holocaust
Remembrance Association founder Sabina Citron. The carriage of the charge was
later assumed by the Crown, however, under an indictment dated 26 July 1984 which
read as follows:
1. Ernst Zündel stands charged that he, during the year 1981, at the Municipality of
Metropolitan Toronto in the Judicial District of York, did publish a statement or tale
that he knows is false, namely the article "The West, War, and Islam", and the said
article is likely to cause mischief to the public interest in social and racial tolerance,
contrary to the Criminal Code.
2. Ernst Zündel stands further charged that he, in or about the year 1981, at the
Municipality of Metropolitan Toronto in the Judicial District of York, did publish a
statement or tale, namely "Did Six Million Really Die?" that he knows is false and
that is likely to cause mischief to the public interest in social and racial tolerance,
contrary to the Criminal Code.
On 28 February 1985, after a thirty-nine day trial, Zündel was acquitted on the charge
concerning The West, War and Islam but convicted on the charge concerning Did Six
Million Really Die?. The conviction was overturned on appeal to the Ontario Court of
Appeal on 23 January 1987 and a new trial was ordered.
The second trial of Zündel, which concerned only the booklet Did Six Million Really
Die?, commenced on 18 January 1988. This book summarizes the evidence that was
heard at the second trial over a period of three months. The last witness appeared on
26 April 1988.
The case was heard before District Court Judge Ron Thomas. Appearing for the
Crown were attorneys John Pearson and Catherine White. Acting for the accused,
Ernst Zündel, was defence attorney Douglas H. Christie.