A Saskatoon judge has acquitted David Ahenakew Monday on a charge of promoting hatred against Jews, but denounced comments the former aboriginal leader made in a speech and subsequent interview six years ago.
Ahenakew, the former head of the Assembly of First Nations, was charged after making inflammatory comments during a 2002 speech and interview with a journalist.
In his comments, the 75-year-old blamed Jews for the Second World War, called them a "disease" and seemed to justify the Holocaust.
However, provincial court Judge Wilfred Tucker said in his judgment that although the comments were "revolting, disgusting and untrue," it didn't appear to him that Ahenakew intended to promote hatred.
After hearing the verdict, Ahenakew hugged his daughter and told reporters outside court: "I'm glad it's over."
This was the second time that Ahenakew stood trial on the charge. He was found guilty at his first trial and ordered to pay a fine of $1,000. However, he appealed his conviction, which was overturned, and a new trial was ordered.
During the second trial, Ahenakew testified that he does not hate Jews but believes they caused the war.
"Everybody says I'm a Jew-hater," he told court. "I don't hate the Jews, but I hate what they do to people."
The controversy all began in December 2002, when Ahenakew gave a speech in Saskatoon during a health conference held by the Federation of Saskatchewan Indian Nations.
In his speech, Ahenakew blamed Jews for causing the Second World War. A newspaper reporter later asked him to clarify his remarks.
"How do you get rid of a disease like that, that's going to take over, that's going to dominate?" Ahenakew said to the reporter. "The Jews damn near owned all of Germany prior to the war. That's how Hitler came in. He was going to make damn sure that the Jews didn't take over Germany or Europe."
"That's why he fried six million of those guys, you know. Jews would have owned the God-damned world."
Ahenakew's comments cost him his position as a senator with the Federation of Saskatchewan Indian Nations, as well as his Order of Canada, which was taken from him following his first conviction.
Ahenakew's defence lawyer, Doug Christie, argued that the case should never have gone to trial.
Christie said his client was simply arguing with the reporter and did not want his comments published.
However, crown prosecutor Sandeep Bains told court that Ahenakew knew he was speaking to a reporter and agreed to be interviewed.
In his ruling, Tucker said he believed that Ahenakew did not intend to promote hate because he had not planned to speak to the reporter about his speech and had tried to end the interview.
Tucker also said he believed the comments Ahenakew made in his speech were not premeditated.
The Crown said it would review the ruling before deciding on whether to launch an appeal of the acquittal.
Officials with the Canadian Jewish Congress (CJC) said that while they respect the court's decision, Ahenakew's comments caused a great deal of pain to Canada's Jewish community.
"While Mr. Ahenakew has not been convicted, there is no doubt that his words and actions were anti-Semitic and we hope Mr. Ahenakew has come to understand the pain he has caused," CJC co-president Sylvain Abitbol said in a statement. "We urge Mr. Ahenakew to make amends so he can be remembered for healing rather than for hurting."
Monday, February 23, 2009
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