Former Aboriginal leader David Ahenakew may get a new trial and a new opportunity to clear his name, but his Order of Canada is still out of reach.

The Governor General's office confirmed today that "any verdict rendered by the courts at this time will not affect the Advisory Council's decision." That Council in 2005 advised the Governor General, Adrienne Clarkson at the time, to revoke Ahenakew's membership to the Order because it considered that Ahenakew's actions had brought disrepute to the Order.

Back in 2002, David Ahenakew blamed Jews for starting the Second World War and then repeated those comments to a journalist. In a taped conversation, he referred to Jews as a "disease" and said Adolf Hitler was trying to "clean up the world."

Earlier today, Saskatchewan's Court of Appeal upheld a lower court's ruling that threw out the hate-crime conviction against David Ahenakew. Justice Robert Richard wrote that while "Mr. Ahenakew's comments, on any standard, were shocking, brutal and hurtful," the trial judge did not consider whether Ahenakew intended to promote hatred which is the offence as prescribed by the Criminal Code.

The Crown can order a new trial, stay the charges or appeal the case to the Supreme Court.

Should the Crown decide to appeal the matter to the Supreme Court, the Chief Justice of Canada, Beverley McLachlin will be able to hear the case. As the Chair of the Advisory Council on the Governor General's Honours, the Chief Justice had recused herself from the Council's discussions on the matter.

David Ahenakew was initially appointed as a Member of the Order of Canada in 1978.