The Globe and Mail has learned that some of the posters banned by the Supreme Court have been taken down and are being replaced by images of other famous propaganda posters.
The court ruled in February that a group of posters on the wall of the National War Memorial that depicted Hitler and Adolf Hitler were anti-Semitic and thus could be removed.
But the court ruled it could not do so with the rest of the wall because the posters on it were in line with Canadian values.
The Supreme Court ruled that the wall had been erected with the sole purpose of displaying a Nazi propaganda poster that was not an “official expression” of the government of Canada, as the Supreme Council of Canadian Heritage (SCCHER) had argued.
The posters were removed in February, but in the weeks since, the court has been debating whether they should be restored and the court is expected to rule on that issue soon.
One poster has been removed because it depicts the Canadian flag on a black background and the words “Nazi propaganda poster removed.”
A second poster has a similar background and has a large swastika on it, but is shown with a yellow Star of David and the word “Canada” written in black lettering.
A third poster is shown in the background with a star on the starboard side, with the words, “Canadian history is a war.”
The Supreme Council has argued that the posters were not “official expressions” of Canada.
The group argued that they were in the public interest because they represent “the historical truth of the Nazi genocide of the Jews.”
But Justice Joseph Moulton said that the court could not consider the posters as “official” because the words were clearly “anti-Semitic.”
He said that a government is required to be “publicly aware” of such material, and that the fact that a particular poster is “public” is irrelevant.
“It is not that there is no public interest in the posters, or that there would be no public forum if the posters did not appear on the walls of Parliament or other buildings, or on public property,” he wrote.
“The poster was not in the best interest of the public, and it is in the interest of a public official to provide information that is in good faith and which is not in conflict with the public interests of Canada.”
Moulton’s ruling comes on the heels of the Supreme Judicial Court of Canada ruling in September that a large number of Nazi propaganda posters in the National Gallery of Canada were “objectionable” and could not be displayed.
The court ruled that they could be taken down.
The Conservative government, which has vowed to remove all Nazi propaganda from public spaces, was quick to denounce the Supreme Supreme Court ruling, with a spokesman calling it “a blatant attempt to rewrite the history of the Holocaust.”
“The court has declared the National Monuments Act to be unconstitutional and unconstitutional in principle,” said a statement from the Minister of Public Safety and Emergency Preparedness.
“The Conservative Government has long opposed the Holocaust and has worked tirelessly to protect the Holocaust memorials, including through the creation of the Museum of Jewish Heritage and the Holocaust Remembrance Institute in Ottawa.
The government is disappointed that this court has now overturned its own judgment in the matter.”