201. Determining Wilful Promotion in the Prosecution of Hate Crimes in Canada: The Case of R. v. Ahenakew.
- Author
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Boudreau, Michael
- Subjects
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HATE crimes , *VICTIMS of hate crimes , *ACTIONS & defenses (Law) - Abstract
David Ahenakew was charged with wilfully promoting hatred against an identifiable group, namely people of the Jewish faith, as a result of statements that he had made on December 13th, 2002, during a speech and a subsequent interview with James Parker, a reporter with the Saskatoon Star Phoenix newspaper, contrary to Section 319(2), Wilful Promotion of Hatred, of The Criminal Code of Canada. As in most cases of alleged hate crimes, however, assessing the actual intent and motives of the accused is difficult. The case of R. v. Ahenakew brought national attention to the issue of hate crimes and antisemitism in Canada. Indeed, this case highlights the fact that hate crimes are not just about an individual victim, but the entire ethnic, religious, cultural, or sexual community that they represent.At issue in this case was whether or not Mr. Ahenakew had a private conversation with Mr. Parker, as Ahenakew maintained, or if he and Mr. Parker did indeed engage in an official media interview for public consumption. If the latter had occurred, then Mr. Ahenakew would not have been able to claim that his statements about Jews were made during the course of a private conversation and thus not subject to Canada's Criminal Code provisions governing hate propaganda. Moreover, the judge had to decide if Ahenakew wilfully promoted hatred towards peoples of the Jewish faith.This paper will analyze the decision in Ahenakew's original trial and the subsequent appeal decision which overturned his conviction and ordered a new trial. In so doing, this study will attempt to address the pertinent legal questions surrounding the prosecution of hate crimes in Canada, most notably the concept of "wilful promotion of hatred." Similarly, this paper will assess the defences against a charge of wilfully promoting hatred that exist within Canadian law and whether or not these defences strengthen or weaken an individual's freedom of expression as contained in Section 2 of the Canadian Charter of Rights and Freedoms. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2008