Aboriginal leader acquitted of Jew hatred

SASKATOON — A judge has acquitted a former aboriginal leader of willfully
promoting hatred against Jews.

It was the second trial for David Ahenakew, who was found guilty in
2005 of promoting hatred against Jews and fined $1,000. But the
conviction was overturned on appeal and a new trial was ordered.

Ahenakew, the former head of Canada’s Assembly of First Nations, was
charged after a controversial speech and subsequent interview with a
reporter in 2002. In the interview he called Jews a "disease … that’s
going to take over."

He went on to say that "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."

On Monday, Judge Wilfred Tucker of Saskatoon said the comments were
"disgusting" but acquitted Ahenakew, saying he didn’t believe the
accused intended to promote hatred.

Ahenakew, 75, testified at his second trial that he doesn’t hate
Jews, but "I hate what they do to people." He said he still believes
Jews caused World War II.

Commenting on the trial’s outcome, Canadian Jewish Congress (CJC),  co-president Sylvain Abitbol said, "While the court has determined that Mr. Ahenakew’s statements were revolting, disgusting and untrue, he did not demonstrate the required intent to meet the rightfully high threshold required for a guilty verdict in hate crimes cases under s. 319 of the Criminal Code, and we respect the court’s decision.

"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. We urge Mr. Ahenakew to make amends so he can be remembered for healing rather than for hurting," said Abitbol.
 
"Today’s verdict is less important than the fact that members of First Nations, as well as non-Native Canadians, recognized from the outset that Mr. Ahenakew’s statements and actions were clearly antisemitic.  As a consequence, he rightfully lost the respect of so many," said CJC co-president Rabbi Reuven Bulka.
 
"The silver lining is that this case acted as a catalyst to bring the Jewish and First Nations communities closer than we have ever been. We will continue moving forward together to strengthen our relationship.  That will be the legacy of this sad story," said Bulka.
 
CJC CEO Bernie M. Farber commented on the importance of s. 319.  "This section of the Criminal Code is an important element of the fence of protection around vulnerable minorities in Canada. Today’s decision should not be extrapolated to conclude that s. 319 of the Criminal Code cannot work," said Farber. 
 
"We commend the Crown and the court for the seriousness and diligence with which they proceeded on this case, and appreciate their efforts to bring about a resolution. We continue to urge law enforcement officials and provincial attorneys-general to enforce the law going forward."