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Court Frees Man Accused of Painting Anti-semitic Slogan on Fence

March 15, 1974
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A man accused of painting an anti-Semitic slogan on a fence in a Jewish neighborhood was freed by a Toronto court this week on grounds of insufficient evidence. Judge Michael Cloney, who dismissed the case against Armand Siksna, expressed regret that he was unable to find the defendant guilty on the evidence provided by the police constable who had arrested him.

The case was the first to be tried under Canada’s anti-hate propaganda act that became law in 1970. Siksna, 30, is a member of the Western Guard, a right-wing extremist group. He was arrested on Nov. 11, 1973 with a spray can in his possession and the slogan “Down with the Jews” on a fence hoarding nearby.

Siksna denied that he had painted the slogan and the arresting officer was unable to testify that he had caught him in the act. Judge Cloney said Siksna “was not a credible witness–he was a dodger,” and noted that it was “most unsatisfactory” that the officer’s evidence could not place him beside the words “Down with the Jews.”

Commenting on the case, Ben Keyfetz, director of the Canadian Jewish Congress’ Ontario Region, said its outcome “in no way undermines the legislation.” He said when the proper case comes along “its validity will be upheld.”

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