Canadian Native leader found guilty of hate crime

Canada
Canadian Native leader found guilty of hate crime
Monday, July 11, 2005

A prominent Native leader who praised Adolf Hitler for the Holocaust was found guilty on Friday of violating Saskatchewan's hate crimes law.

David Ahenakew, 71, later apologized for his remarks and offered explanations for them when he was put on the stand. But Provincial Court Judge Marty Irwin rejected the defenses and found him guilty for "willfully promoting hatred" against Jewish people.

"To suggest that any human being or group of human beings are a disease is to invite extremists to take action against them and to give a justification for violence against them," Irwin wrote in his 20-page decision, which was also delivered in court.

Ahenakew escaped a one-year jail sentence for the crime but was ordered to pay a $1,000 fine, a punishment he is refusing to accept. After the verdict was handed down, the defiant leader lashed out against the justice system, saying it was biased against Native people.

"If an Indian slips a little bit, you are crucified," he said at a press conference.

Facing expulsion from the Order of Canada, Ahenakew said he would fight to keep his membership in the prestigious organization. "They are going to have to take it away," he said of his membership pin, which he wore on Friday.

Inducted in the order in 1978, Ahenakew was selected for his leadership of the Federation of Saskatchewan Indian Nations. He later served as chief of the Assembly of First Nations, the largest inter-tribal organization in Canada.

Ahenakew has been widely respected in the Native community but his remarks were condemned by most Native leaders. The AFN immediately reached out to Jewish leaders and the two groups made a joint trip to Israel last year to promote healing and improve relations.

Just last Thursday, a day before the verdict, the Canadian Jewish Congress addressed AFN's annual session for the first time. The group, which has worked with First Nations on different issues, praised Ahenakew's guilty conviction.

"His hateful remarks negate core Canadian values and are an affront to the Order's goal of rewarding those who contribute to the country's betterment," CJC National President Ed Morgan said.

Some Native leaders felt Ahenakew was singled out for prosecution in a province and country where racism against Native people is well documented. In two different cities in Saskatchewan, police officers have been implicated or convicted in the harassment of Native men. An inquiry into the death of a Native man at the hands of police in Ottawa has documented racist statements by officers.

The feelings spilled out during the trial, which was attended by large numbers of Native and Jewish people. They heard Ahenakew try to explain why he said Hitler was right when he "fried" Jewish people during World War II. "I just feel so sad about this whole thing, I really do, and there is nothing I can do but to say it's not going to happen again," he testified.

At the same time, he was defiant about the racism he said he has suffered. During the trial, he called himself a "victim" of the holocaust against Native people.

"We lost over 100 million people over the last 500 years," he said.

Ahenakew blamed his outburst on diabetes and a glass of wine he drank the night before he made his remarks that He suggested that his diabetic condition made him "tired" -- a defense offered by former South Dakota governor and Congressman Bill Janklow during his manslaughter trial.

The judge rejected the arguments. "Your appearance, demeanor and delivery belie that defence," Irwin told Ahenakew.

Despite widespread condemnation of Ahenakew, some newspapers and non-Native observers have criticized his prosecution. "Ahenakew has been subjected to three years of public ridicule, scorn and humiliation. Every newspaper pundit in Canada has torn a strip or three off him, and we daresay that Canadians generally hold him in contempt for what he said," The Edmonton Sun wrote in an editorial published today. "But will convicting Ahenakew of a hate crime result in any fewer anti-Semitic remarks being directed at Jews? We doubt it."

Conservative Edmonton Journal columnist Lorne Gunter wrote on Sunday that Ahenakew "should not be made a criminal for his beliefs, no matter how pernicious, dark-hearted or wrong they are. Hate-crimes laws are based on the fallacious premise that we may be punished for our thoughts and feelings, not just our actions."

Get the Decision:
The Queen v. Ahenakew (July 8, 2005)

Related Editorials:
EDITORIAL: A sad situation (The Edmonton Sun 7/11)
Lorne Gunter: Ahenakew guilty verdict flawed (The Edmonton Journal 7/11)
Editorial: No room for hatred (The Ottawa Sun 7/9)
Editorial: Ahenakew's outburst (The Toronto Star 7/9)

Relevant Links:
Canadian Jewish Congress - http://www.cjc.ca