Skip to main content

Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


21811

Ernst Zundel v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-15 Appeal closed
1992-11-18 Correspondence (sent by the Court) to, sent to Court of Appeal for Ontario Re: Court records sent back.
1992-10-08 Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa,ON)
1992-10-08 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON)
1992-10-08 Copy of formal judgment being prepared, Soloway, Wright (Ottawa,ON)
1992-10-08 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-10-08 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa,ON)
1992-10-07 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1992-08-27 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa,ON)
1992-08-27 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-08-27 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-08-27 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1992-08-27 Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa,ON)
1992-08-27 Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is allowed and an acquital is entered, Gonthier, Cory and Iacobucci JJ. dissenting.
Allowed, no order as to costs
1992-03-18 Correspondence (sent by the Court) to, from A. Roland sent to Mr. W.J. Blacklock, Q.C. c/o Ministry of the Attorney General (Tor,ON) acknowledging receipt of letter dated March 12, 1992 and enclosed English Translation of the judgment of the German Court involving Mr. Zündel. Have been instruc
1992-03-16 Correspondence (sent by the Court) to, from W.J. Blacklock with copy of the judgment under the seal of German Court
1992-02-24 Correspondence (sent by the Court) to, dated Feb 19, 1992 from Douglas Christie (Re: Matter should not be placed before the Court in the way it has been. If matter should be placed before the Court again, it should be in affidavit form to give Mr. Christie the opportunity to cross-examine the
1992-02-18 Correspondence (sent by the Court) to, from W.J. Blacklock; re: vary the terms of bail before the Supreme Court
1992-02-18 General proceeding, to note copy of letter dated Feb 12, 1992 from Mr. W.J. Blacklock submitted to Justices LaForest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci for adjudication.
1992-02-06 Correspondence (sent by the Court) to, from Douglas Christie dated Jan. 29/92; re: letter of Mr. Blacklock
1992-02-03 Correspondence (sent by the Court) to, from Douglas Christie; re: letter from Mr. Blacklock
1992-02-03 General proceeding
1992-02-03 Correspondence (sent by the Court) to, sent to Douglas Christie (by Fax) re: letter dated Jan 29, 1992 has been received and distributed to the panel of the Court that heard the appeal. (cc) Mr. W.J. Blacklock.
1992-01-22 Correspondence (sent by the Court) to, of W.J. Blacklock along with a letter from the Consulate General of Germany re conviction of Mr. Zundel (distributed to the justices)
1992-01-06 General proceeding, Transcripts received (170 pgs.) & distributed to the justices.
1991-12-10 Affidavit, of Dr. iur. Klaus Goebel; re: video tapes Ernst Zundel
1991-12-10 Hearing of the appeal, 1991-12-10, LaF L'HD So G Co McL Ia
Decision reserved
1991-12-10 Decision on miscellaneous motion, (To vary bail)
Traversed, no order as to costs
1991-12-10 Hearing of miscellaneous motion, 1991-12-10, (To vary bail)
Decision reserved
1991-12-10 Submission of miscellaneous motion, 1991-12-10, (To vary bail)
Decision reserved
1991-12-06 General proceeding, 10 copies of VOL. IV ON MOTION TO VARY BAIL, with service Her Majesty the Queen
1991-12-05 General proceeding, 10 copies of vol. III MATERIALS ON MOTION TO VARY BAIL Her Majesty the Queen
1991-12-05 Proof of service, of Respondent's materials on motioin to vary bail pending disposition of appeal
1991-12-05 Intervener's factum, 22 copies, with service Attorney General of Manitoba
1991-12-05 Book of authorities, 10 copies, with service League for Human Rights of B'nai Brith Canada
1991-12-05 Intervener's factum, 21 copies, with service League for Human Rights of B'nai Brith Canada
1991-12-02 General proceeding, AUTHORITIES ON MOTION TO VARY BAIL 10 copies of vol. I & II, with service Her Majesty the Queen
1991-11-29 General proceeding, respondent's factum on miscellaneous motion TO VARY INTERIM RELEASE (TO VARY BAIL) 10 copies, with service Her Majesty the Queen
1991-11-22 Book of authorities, (JOINT) 10 copies of vol. IV to VII Ernst Zundel
1991-11-19 Intervener's factum, 24 copies, with service Canadian Civil Liberties Association
1991-11-15 Service, of intervener's book of authorities
1991-11-15 Service, of Intervener's factum
1991-11-14 Book of authorities, 16 copies, with service Canadian Jewish Congress
1991-11-14 Intervener's factum, 20 copies, with service Canadian Jewish Congress
1991-11-14 Intervener's factum, 24 copies, with service Attorney General of Canada
1991-11-07 Book of authorities, 10 copies of vol. I, II & III, with service Ernst Zundel
1991-11-01 Respondent's factum, 24 copies Her Majesty the Queen
1991-10-24 Notice of miscellaneous motion, TO VARY INTERIM RELEASE ORDER (book form) 10 copies, with service Ernst Zundel
1991-10-18 Respondent's factum, 24 copies (returned for correction), with service Her Majesty the Queen
1991-10-02 Appeal hearing scheduled, 1991-12-10
Decision reserved
1991-09-10 Appeal court record, 4 boxes (with Trial record)
1991-09-10 Trial court record, 4 boxes (with C/A record)
1991-09-06 Notice of hearing, With service Ernst Zundel
1991-09-04 Certified casebook, With service Ernst Zundel
1991-09-03 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-08-12 Appellant's factum, 21 copies, with service Ernst Zundel
1991-07-19 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1991-07-04 Case on appeal, 21 copies Ernst Zundel
1991-07-04 Correspondence (sent by the Court) to, from A. Rolnad sent to Mr. D. Martin Low C/O Dept. of Justice (Ottawa,ON) confirming that a further formal notice by the A.G. of Canada in relation to the additonal constitutional questions formulated by the Chief Justice on June 14, 1991 will not be requ
1991-06-28 Correspondence (sent by the Court) to, from D. Martin Law; re: will submit arguments on the additional constitution questions
1991-06-25 Notice of constitutional question(s) Ernst Zundel
1991-06-24 Correspondence (sent by the Court) to, from Douglas Christie; re: motion to be considered by the whole court
1991-06-20 Decision on miscellaneous motion, For details see file or Reg's Red book #8 @ p.144., Co
Dismissed, no order as to costs
1991-06-20 Hearing of miscellaneous motion, 1991-06-20, For details see file or Reg's Red book #8 @ p.144., Co
1991-06-20 Submission of miscellaneous motion, 1991-06-20, For details see file or Reg's Red book #8 @ p.144., Co
1991-06-19 Order on motion to state a constitutional question, ( Order to the additional questions), with service
1991-06-14 Decision on the motion to state a constitutional question, (additional questions). " For Constitutional Question see Reg's Red Bk. @8 @ p.140. Intentions of intervention to be filed by July/19/91.", Co
Granted, no order as to costs
1991-06-14 Hearing of the motion to state a constitutional question, 1991-06-14, (additional questions). " For Constitutional Question see Reg's Red Bk. @8 @ p.140. Intentions of intervention to be filed by July/19/91.", Co
1991-06-14 Submission of motion to state a constitutional question, 1991-06-14, (additional questions). " For Constitutional Question see Reg's Red Bk. @8 @ p.140. Intentions of intervention to be filed by July/19/91.", Co
1991-06-14 General proceeding, 1 copy of memorandum of argument; 1 copy of history of clause 6 of the Bail order Ernst Zundel
1991-06-11 Motion to state a constitutional question, ADDITIONAL; 2 copies, with service Ernst Zundel
1991-06-11 Order granting leave to appeal, on an additional question from the decision of the Court of Appeal., with service
1991-06-03 Order granting leave to appeal, on an additional question, with service
1991-05-28 Affidavit, for an Order to vary the bail; Ernst Zundel, with service Ernst Zundel
1991-05-28 Notice of miscellaneous motion, for an Order to vary the bail, with service Ernst Zundel
1991-05-10 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1991-05-10 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-05-09 Decision on miscellaneous motion, (The application for leave to appeal is granted/ La requête en autorisation de pourvoi est accordée.), CJ So McL
Granted, no order as to costs
1991-05-09 Hearing of miscellaneous motion, 1991-05-09, (The application for leave to appeal is granted/ La requête en autorisation de pourvoi est accordée.), CJ So McL
1991-05-09 Submission of miscellaneous motion, 1991-05-09, (The application for leave to appeal is granted/ La requête en autorisation de pourvoi est accordée.), CJ So McL
1991-03-05 Notice of miscellaneous motion, 5 copies + 5 copies of authorities, with service Her Majesty the Queen
1991-03-01 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1991-02-20 Correspondence (sent by the Court) to, from Robert Houston, re: Respondent has 20 days from the date of service of the application in which to respond
1991-02-14 Notice of constitutional question(s), With service Ernst Zundel
1991-02-13 Hearing of miscellaneous motion, 1991-02-13
Decision reserved
1991-02-13 Submission of miscellaneous motion, 1991-02-13
Decision reserved
1991-02-13 Notice of miscellaneous motion, for an order granting leave to appeal on the additional Constitutional Question, (As suggested by CJ) pursuant to section 181 of the Criminal code. (5 copies), with service Ernst Zundel
1991-02-13 General proceeding, ********ENTERED IN ERROR*********
1991-02-12 Order on motion for leave to intervene, With service
1991-02-12 Order on motion for leave to intervene, With service
1991-02-08 Order on motion to state a constitutional question, With service
1991-02-05 Order on motion for leave to intervene, With service
1991-01-29 Decision on the motion for leave to intervene, L'HD
Dismissed, no order as to costs
1991-01-29 Hearing of motion for leave to intervene, 1991-01-29, L'HD
1991-01-29 Submission of motion for leave to intervene, 1991-01-29, L'HD
1991-01-29 Decision on the motion for leave to intervene, L'HD
Dismissed, no order as to costs
1991-01-29 Hearing of motion for leave to intervene, 1991-01-29, L'HD
1991-01-29 Submission of motion for leave to intervene, 1991-01-29, L'HD
1991-01-29 Decision on the motion for leave to intervene, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
Granted, no order as to costs
1991-01-29 Hearing of motion for leave to intervene, 1991-01-29, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
1991-01-29 Submission of motion for leave to intervene, 1991-01-29, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
1991-01-29 Decision on the motion for leave to intervene, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
Granted, no order as to costs
1991-01-29 Hearing of motion for leave to intervene, 1991-01-29, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
1991-01-29 Submission of motion for leave to intervene, 1991-01-29, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
1991-01-29 Decision on the motion for leave to intervene, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
Granted, no order as to costs
1991-01-29 Hearing of motion for leave to intervene, 1991-01-29, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
1991-01-29 Submission of motion for leave to intervene, 1991-01-29, to file a factum and present oral argument of 10 minutes, no order as to costs., L'HD
1991-01-28 Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p.53. Interventions by Mar/04/91., CJ
Granted, no order as to costs
1991-01-28 Hearing of the motion to state a constitutional question, 1991-01-28, " For Constitutional Questions see file or Reg's red book #8 @ p.53. Interventions by Mar/04/91., CJ
1991-01-28 Submission of motion to state a constitutional question, 1991-01-28, " For Constitutional Questions see file or Reg's red book #8 @ p.53. Interventions by Mar/04/91., CJ
1991-01-28 Hearing of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Submission of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Hearing of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Submission of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Hearing of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Submission of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Hearing of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Submission of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Hearing of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-28 Submission of motion for leave to intervene, 1991-01-28
Decision reserved
1991-01-25 Affidavit, 2 copies; Helen Smolack, with service Canadian Holocaust Remembrance Association
1991-01-25 Motion for leave to intervene, 2 copies, with service Canadian Holocaust Remembrance Association
1991-01-24 Motion to extend time, to serve and file leave to intervene to Jan. 21\91 League for Human Rights of B'nai Brith Canada
1991-01-24 Affidavit, 2 copies; Sol Littman, with service Simon Wiesenthal Center
1991-01-24 Motion for leave to intervene, 2 copies, with service Simon Wiesenthal Center
1991-01-24 Service, of notice of intervention and affidavit, with service
1991-01-22 Affidavit, With service Canadian Civil Liberties Association
1991-01-22 Motion for leave to intervene, With service Canadian Civil Liberties Association
1991-01-21 Affidavit League for Human Rights of B'nai Brith Canada
1991-01-21 Motion for leave to intervene League for Human Rights of B'nai Brith Canada
1991-01-15 Motion to state a constitutional question Ernst Zundel
1990-12-17 Affidavit, 2 copies; Manuel Prutschi, with service Canadian Jewish Congress
1990-12-17 Motion for leave to intervene, 2 copies, with service Canadian Jewish Congress
1990-12-05 Order granting leave to appeal, With service
1990-12-03 Notice of appeal, With service Ernst Zundel
1990-11-15 Close file on Leave
1990-11-15 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-11-15 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-11-15 Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted on the constitutional issue only.
Granted, no order as to costs
1990-11-15 Hearing of the application for leave to appeal, 1990-11-15, W So McL
1990-11-15 All materials on application for leave submitted to the Judges, 1990-11-15, W So McL
1990-05-24 All materials on application for leave submitted to the Judges, W So McL
1990-04-10 Book of authorities, 5 copies Her Majesty the Queen
1990-04-10 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1990-03-21 Application for leave to appeal, 5 copies, with service, Completed on: 1990-03-21 Ernst Zundel
1990-02-08 $30.00 filing fee, receipt #16611 Ernst Zundel
1990-02-08 Notice of application for leave to appeal, 2 copies, with service Ernst Zundel

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Zundel, Ernst Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Canadian Jewish Congress Intervener Active
League for Human Rights of B'nai Brith Canada Intervener Active
Canadian Civil Liberties Association Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Manitoba Intervener Active

Counsel

Party: Zundel, Ernst

Counsel
Douglas H. Christie
810 Courtney St.
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
W.J. Blacklock, Q.C.
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2302
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Canadian Jewish Congress

Counsel
Neil Finkelstein
Blake, Cassels & Graydon LLP
Commerce Court West
P.O. Box 25, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2266
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: League for Human Rights of B'nai Brith Canada

Counsel
Marvin Kurz
Mark J. Sandler
Dale, Streiman & Kurz
480 Main St. N.
Brampton, Ontario
L6V 1P8
Telephone: (905) 455-7300
FAX: (905) 455-5848
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Civil Liberties Association

Counsel
Marc Rosenberg, Q.C.
Shayne Kert
Greenspan & Associates
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Attorney General of Canada

Counsel
Graham R. Garton, Q.C.
James Hendry
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Attorney General of Manitoba

Counsel
Aaron L. Berg
Attorney General of Manitoba
730 - 405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2851
FAX: (204) 948-2826
Agent
Madeleine Renaud
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

February 5, 1990
Court of Appeal for Ontario

Not available

Appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13