Canadian Judge Strikes Down Bequest Left to Neo-Nazi National Alliance
A Canadian court today struck down a bequest valued at about $220,000 that was left by a citizen of that country to the (NA), a neo-Nazi group based in the United States that has long promoted violence against minorities. The presiding judge found that the bequest violated Canadian law and public policy.
鈥淭he evidence before this court convinces me that in the case of the NA the purpose for which it exists is to promote white supremacy through the dissemination of propaganda which incites hatred of various identifiable groups which they deem to be non-white and therefore unworthy,鈥 wrote Justice William T. Grant of St. John, New Brunswick, in a 44-page ruling (PDF). 鈥淭hose purposes and the means they advocate to achieve them are criminal in Canada and that is what makes this request so repugnant.鈥
The judge permanently enjoined any transfer of funds or other parts of the estate, which includes a collection of ancient Greek and Roman coins, to the NA. Instead, he ordered it distributed to the brother and sister of Harry Robert McCorkill, a longtime Canadian NA member who died in 2004. McCorkill鈥檚 sister, Isabelle Rose McCorkill, initially challenged the bequest, and she was later joined by two Jewish human rights groups in Canada as well as the provincial attorney general.
The judge brushed aside claims by NA representatives and supporters that the group had been unfairly tarred in affidavits from the Southern Poverty Law Center (人兽性交) and others that quoted the group鈥檚 foundational documents as well as other written and spoken materials produced by its officials. 鈥淎ll of these publications can only be described as racist, white supremacist and hate-inspired,鈥 the judge wrote.
鈥淭hey are disgusting, repugnant and revolting.鈥
The court decision comes at a time when the NA, once the dominant hate group in America, is . It has gone from an organization that once brought in about $1 million a year and had some 1,400 dues-paying members to a group that is nearly bankrupt and has only a smattering of supporters left. The group鈥檚 current leader is trying to sell off much of its West Virginia headquarters compound to raise money, and a faction led by the brother of the group鈥檚 late founder has sued it in civil court in an attempt to regain control of the organization. The loss of the bequest could help finally destroy the remnants of the once-storied NA.
The Canadian bequest was first in June 2013, when the 人兽性交 revealed that NA officials appeared close to settling the probate matter and forwarding the proceeds to the NA. Shortly after that, McCorkill鈥檚 sister, who like her other brother was estranged from her radical brother and did not even know he was alive, filed suit, saying she did not want to see the money go to a neo-Nazi group and she also hoped to keep the coin collection in Canada.
The case against the bequest could never have been made under American law, which has unusually strong free speech and association protections. But Canadian law has much fuller concept of the public good, and its foundational Charter of Rights and Freedoms imposes speech and other 鈥渞easonable limits prescribed by law as can be demonstrably justified in a free and democratic society.鈥
, the chairman of the NA, claimed in affidavits submitted to the court that the 人兽性交 and others were trying to 鈥渟mear鈥 the organization by quoting its foundational documents and later statements from Gliebe and others. But the court found that the NA had done nothing to distance itself from those documents.
And they were hair-raising. The 人兽性交鈥檚 affidavit (submitted over this writer鈥檚 signature) quoted the group鈥檚 鈥淲hat is the National Alliance?鈥 as saying that it would do 鈥渨hatever is necessary鈥 to achieve 鈥渁 White living space鈥 and that it would not be deterred by any 鈥渢emporary unpleasantness.鈥 The document went on to call from 鈥渢he racial cleansing of the land鈥 and 鈥渁 long-term eugenics program involving at least the entire populations of Europe and America.鈥
The 人兽性交 affidavit also quoted an NA bulletin written by the group鈥檚 founder celebrating racial violence as 鈥渁 healthy, red-blooded response to the current situation in America鈥檚 cities.鈥 鈥淯ltimately,鈥 the document read in a particularly candid passage, 鈥渨e will win the war only by killing our enemies.鈥 In yet another document, the group spoke of packing 鈥渢he homosexuals, racemixers, and hard-case collaborators鈥 into cattle cars and plunging them into abandoned coal mines.
Although Gliebe tried to suggest that the NA had evolved into a kinder, gentler organization since the 2002 death of founder , Justice Grant pointed out that Gliebe had used a July 2011 radio program to allege that 鈥渢he Jews have lied for decades about the Holocaust鈥 and used that claim as a 鈥渕oney-making scheme.鈥
鈥淸T]here is nothing 鈥榙ated鈥 about the anti-semitic rantings of Mr. Gliebe, the current Chair of the National Alliance, in his 2011 broadcast,鈥 the judge wrote. 鈥淣either is there any evidence before the court that the NA has distanced itself from its 鈥榙ated鈥 foundational documents,鈥 a reference to 鈥淲hat is the National Alliance?鈥
Justice Grant repeatedly referred to the strength of the case against the NA. The evidence 鈥渃onsistently show[s] that the National Alliance stands for principles and policies, as well as the means to implement them, that are both illegal and contrary to public policy in Canada,鈥 he wrote. 鈥淸W]hat it stands for, anti-semitism, eugenics, discrimination, racism and white supremacy, violates numerous statutes and conventions that have been passed by Parliament and the [provincial] Legislatures and endorsed by the Government of Canada, including the Criminal Code.鈥
The judge also mocked Gliebe鈥檚 attempts to portray the NA as primarily a cultural organization interested in European civilization, saying 鈥渢he feeble protestations only call to mind the attempts by the Nazis in Hitler鈥檚 Germany to mask their true intentions through organizations like the Hitler Youth. History tells us that behind the mask lurked some of the worst evil ever visited upon the human race.鈥
It wasn鈥檛 immediately clear if the NA intends to appeal the Canadian decision. Already, the estate, originally valued at about $250,000, has been diminished by probate, tax and other costs. Now it will be further whittled down by the judge鈥檚 order that legal costs for both the NA executor and Isabelle McCorkill be drawn from that source. An appeal conceivably could eat up whatever is left in the bequest.