“ Hatred in this sense is a most extreme emotion that belies reason, an emotion that if exercised against members of an identifiable group implies that those individuals are to be despised, scorned, denied respect and made subject to ill treatment on the basis of crude affiliation." Under the Canadian system of justice before an accused can be convicted of a criminal offence, the Crown must prove both an "actus reus", in other words, a physical act or lack of action, as well as a "mens rea" or guilty mind. ”

“ To quote Chief Justice Dickson in the Keegstra case, "the hate monger must intend or foresee as substantially certain, a direct and active stimulation of hatred against an identifiable group." Chief Justice Dickson quotes with approval, the definition of hatred given by a fellow Supreme Court of Canada, Judge Cory, in the R. v. Andrew case "that hatred is not a word of casual connotation. To promote hatred is to instill detestation, enmity, ill will or malevolence in another. Clearly an expression must go along way before it qualifies within the definition of section 319 (2) ." ”

“ As a result of Parliament's commitment to free speech in an open and democratic society and supported by judgments of our Superior Courts in Canada, the Crown must meet very stringent tests on each of the elements of the offence of wilfully promoting hatred. ”

“ Chief Justice Dickson goes on to say, "hatred in this sense is predicated on destruction and hatred against identical groups therefore thrives on insensitivity, bigotry and destruction of both the target group and the values of society. ”

“ They held that the propagation of hate causes harm which runs directly contrary to the values central to a free and democratic society and Parliament, in restricting the promotion of hatred, was seeking to support the notion of mutual respect necessary in a nation which respects the equality of all persons. ”

“ Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of an indictable offence punishable on summary conviction. ”

“ I have reviewed the question and answer interview conducted between you and Mr. Parker and attempt to identify those that do not offend the intent of section 319 or in other words, where I feel the Crown has failed to discharge the onus of proving beyond a reasonable doubt that you did wilfully promote hatred against people of the Jewish faith:
1. The Jews own damn near all of Germany. Prior to the war. That that's how Hitler came in, that he was gonna make damn sure that the Jews didn't take over Germany or Europe. 2. Well, Jews, Jews owned the goddam world and look at what they're doing. ”

“ Daily Canadians and our Governments are being urged to eradicate diseases such as cancer, aids, tuberculosis - to suggest that any human being or a group of human beings are a disease is to invite extremists to take action and to give a justification for violence against them. ”

“ In an attempt to bring public attention to this important issue, the conference organizers also invited the media to attend. The Saskatoon Star Phoenix assigned Mr. James Parker, a reporter with that organization to attend and report on the FSIN Conference.
[2] As you are aware, Mr. Ahenakew, you were invited to be a speaker in your capacity as the chair of the Federation of Saskatchewan Indian Nations Senate and because of your prominence as a Saskatchewan First Nations politician. It was as a result of your comments during your presentation to the attendees, and later to Mr. ”