Malcolm Ross (anti-Semite)
Encyclopedia
Malcolm Ross is a former schoolteacher from the Canadian
city of Moncton
, who became notable for his antisemitic writings, including Holocaust denial
.
In 1991, a local Jewish parent, David Attis, filed a human rights
complaint against Ross's employers, New Brunswick School District 15, on the grounds that Ross's continued employment created a poisoned environment for Jewish students (including Attis's daughter, who - although not a student at Magnetic Hill School
where Ross taught - had been intimidated out of attending interscholastic activities at Magnetic Hill).
After a lengthy hearing, during which Ross was represented by Doug Christie
, the human rights commission ordered the District to remove Ross from the classroom, and to terminate his employment unless Ross's school could find a non-teaching position for him (and in fact, he was made the school librarian
). In addition, the District warned Ross that, if he continued to publish or distribute antisemitic literature, his non-teaching position would be terminated as well. Attis was not awarded any damages.
The New Brunswick Court of Appeal subsequently ruled that these decisions were in violation of Ross's rights to freedom of religion
and freedom of expression, and overturned the District's orders.
However, in 1996, the Supreme Court of Canada
ruled that Ross's removal from the classroom was justifiable, on the grounds that, although it did constitute a violation of his freedoms, this was a reasonable limit, as schoolteachers must be held to a higher standard of behaviour.
The Court further ruled that the District's "gag order" (that Ross be dismissed from his non-teaching position should he continue to publish and distribute antisemitic material) was invalid.
In 2000, Ross' appeal to the UN Human Rights Committee
was rejected, stating that 'the removal of the author from a teaching position can be considered a restriction necessary to protect the right and freedom of Jewish children to have a school system free from bias, prejudice and intolerance'.
In 1998, Ross filed a defamation lawsuit against Josh Beutel, an editorial cartoon
ist for the Telegraph-Journal
, who had compared Ross to Joseph Goebbels
; the Court of Queen's Bench of New Brunswick
ruled that, as Nazism
was an anti-religious philosophy, and Ross was profoundly religious, Ross's extreme degree of antisemitism could not fairly be labeled as Nazistic. Beutel was ordered to pay Ross $7500 in damages; a 2000 appeal overturned this decision.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
city of Moncton
Moncton, New Brunswick
Moncton is a Canadian city, located in Westmorland County, New Brunswick. The city is situated in southeastern New Brunswick, within the Petitcodiac River Valley, and lies at the geographic centre of the Maritime Provinces...
, who became notable for his antisemitic writings, including Holocaust denial
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
.
In 1991, a local Jewish parent, David Attis, filed a human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
complaint against Ross's employers, New Brunswick School District 15, on the grounds that Ross's continued employment created a poisoned environment for Jewish students (including Attis's daughter, who - although not a student at Magnetic Hill School
Magnetic Hill School
Magnetic Hill School is a K-8 school in Lutes Mountain, New Brunswick, Canada.Today's Parent named it one of the top 40 schools in Canada, and former...
where Ross taught - had been intimidated out of attending interscholastic activities at Magnetic Hill).
After a lengthy hearing, during which Ross was represented by Doug Christie
Doug Christie (lawyer)
Douglas Hewson "Doug" Christie, Jr. is a Canadian lawyer and far-right political activist based in Victoria, British Columbia.-Career:...
, the human rights commission ordered the District to remove Ross from the classroom, and to terminate his employment unless Ross's school could find a non-teaching position for him (and in fact, he was made the school librarian
Librarian
A librarian is an information professional trained in library and information science, which is the organization and management of information services or materials for those with information needs...
). In addition, the District warned Ross that, if he continued to publish or distribute antisemitic literature, his non-teaching position would be terminated as well. Attis was not awarded any damages.
The New Brunswick Court of Appeal subsequently ruled that these decisions were in violation of Ross's rights to freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
and freedom of expression, and overturned the District's orders.
However, in 1996, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
ruled that Ross's removal from the classroom was justifiable, on the grounds that, although it did constitute a violation of his freedoms, this was a reasonable limit, as schoolteachers must be held to a higher standard of behaviour.
The Court further ruled that the District's "gag order" (that Ross be dismissed from his non-teaching position should he continue to publish and distribute antisemitic material) was invalid.
In 2000, Ross' appeal to the UN Human Rights Committee
Human Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
was rejected, stating that 'the removal of the author from a teaching position can be considered a restriction necessary to protect the right and freedom of Jewish children to have a school system free from bias, prejudice and intolerance'.
In 1998, Ross filed a defamation lawsuit against Josh Beutel, an editorial cartoon
Editorial cartoon
An editorial cartoon, also known as a political cartoon, is an illustration containing a commentary that usually relates to current events or personalities....
ist for the Telegraph-Journal
Telegraph-Journal
The Telegraph-Journal is a daily newspaper published in Saint John, New Brunswick, Canada. It publishes a hybrid newspaper, serving as a provincial daily while catering to the Saint John audience in its City and Sports sections. The newspaper is published by Brunswick News, owned by J. K. Irving...
, who had compared Ross to Joseph Goebbels
Joseph Goebbels
Paul Joseph Goebbels was a German politician and Reich Minister of Propaganda in Nazi Germany from 1933 to 1945. As one of Adolf Hitler's closest associates and most devout followers, he was known for his zealous oratory and anti-Semitism...
; the Court of Queen's Bench of New Brunswick
Court of Queen's Bench of New Brunswick
The Court of Queen's Bench of New Brunswick is the superior court of the Canadian province of New Brunswick.- Structure :...
ruled that, as Nazism
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
was an anti-religious philosophy, and Ross was profoundly religious, Ross's extreme degree of antisemitism could not fairly be labeled as Nazistic. Beutel was ordered to pay Ross $7500 in damages; a 2000 appeal overturned this decision.
External links
- Summary of Ross v. District 15 at the University of New BrunswickUniversity of New BrunswickThe University of New Brunswick is a Canadian university located in the province of New Brunswick. UNB is the oldest English language university in Canada and among the first public universities in North America. The university has two main campuses: the original campus founded in 1785 in...
.