Ahenakew not guilty of inciting hate with Hitler comments

Published: Monday, February 23, 2009

Betty Ann Adam, Canwest News Service

SASKATOON -- Former aboriginal leader David Ahenakew has been found not guilty of inciting hatred for remarks he made seven years ago that praised Hitler and blamed the Jews for the Second World War.

Provincial court Judge Wilfred Tucker announced his verdict Monday, after a November trial that examined a speech and interview during which Mr. Ahenakew, now 75, compared Jews to a disease.

The judge had Mr. Ahenakew stand and looked directly at him as he revealed his decision.

"Mr. Ahenakew, the statements you made about Jewish people were revolting, disgusting and untrue," Judge Tucker said.

However, Judge Tucker found Mr. Ahenakew did not have the necessary intent to make him guilty of the offence.

Mr. Ahenakew was visibly relieved as he spoke outside court after the verdict.

"Thank God it's over, and I mean that," he said. "It was awful. Thank God it's over."

It was Mr. Ahenakew's second trial on the charges; he was convicted in 2005, but that conviction was set aside on appeal and a new trial was ordered.

Mr. Ahenakew was asked if the experience has changed him.

"I'm still the same guy that was born, that served the world with the army, that served the people," he said.

"I'm still that same guy. I'm too damn old to change."

Mr. Ahenakew told delegates to a December, 2002, health conference, sponsored by the Federation of Saskatchewan Indian Nations, that when he was a young man stationed in Germany, people told him Jews created the Second World War.

Later that morning, Mr. Ahenakew told former Saskatoon StarPhoenix reporter James Parker in a recorded interview that Hitler "cleaned up a lot of things," and did the right thing when "he fried six million of those guys."

At his trial, Mr. Ahenakew said he didn't like the reporter challenging him and continued the argumentative interview because he didn't want Mr. Parker to have the last word.

"I would say I understand Hitler had his reasons, but I still don't support them," Mr. Ahenakew said at the trial.

Crown prosecutor Sandeep Bains said Mr. Ahenakew was angry, sought to rile his audience during the speech, and tried to convince Mr. Parker of his views during the interview.

The taped interview was broadcast across Canada and caused a massive public outcry. Mr. Ahenakew made a tearful, televised apology and resigned his seat on numerous boards and commissions, and as chair of the Federation of Saskatchewan Indian Nations senate.

He was later stripped of the Order of Canada.

The federation hinted Monday that Mr. Ahenakew could be reinstalled in its senate, an advisory body of elder leaders.

"Indian and Northern Affairs Canada placed restrictions on the federation from hiring David Mr. Ahenakew when Mr. Ahenakew was found guilty at his first trial. At the moment, the federation awaits for INAC's decision, now that Mr. Ahenakew has been cleared of any wrongdoing," a statement read.

"The federation agrees with the court ruling that Mr. Ahenakew's comments about Jewish people were revolting, disgusting and untrue. No one should say those things," stated federation Chief Lawrence Joseph.

"We do, however, also agree he did nothing to wilfully promote hatred."

Defence lawyer Doug Christie said during the trial that the circumstances around Mr. Ahenakew's remarks were different from those of former Alberta school teacher James Keegstra, who taught students the Holocaust never happened.

Mr. Christie said Monday he hopes the matter is over.

"It would be a good lesson for government to realize that opinions are notoriously difficult to prosecute," he said.

Sylvain Abitbol, president of the Canadian Jewish Congress, said his organization respects 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," Mr. Abitbol said.

"We urge Mr. Ahenakew to make amends so he can be remembered for healing rather than for hurting."

Crown prosecutor Sandeep Bains said he will review the decision and decide how to proceed within the next 30 days.