Genocide deportation case put on hold in Que.

A Federal Court judge has ruled that a man accused of inciting the 1994 massacre in Rwanda can stay in Canada for now.

Justice Marc Nadon said Thursday that Leon Mugesera should not be charged with crimes against humanity.

Nadon ruled that an immigration board tribunal should review the case. The judge also ordered deportation proceedings against Mugesera's wife and children put on hold.

Mugesera is accused of inciting hatred and genocide after giving a speech in Rwanda in 1992 that human rights activists say encouraged widespread slaughter of ethnic Tutsis.

In the speech, Mugesera implied that Hutus needed to cut Tutsi throats before Tutsis cut theirs and referred to Tutsis as Inyenzis, an ethnic slur. Some human rights groups blamed his speech for the slaughter.

The judge said there is no proof linking the speech to the massacres that killed roughly one million people.

But Patrick Habamanshi, a Toronto resident and Rwandan Youth of Canada member, called the decision a "mockery". "He made a speech inciting people to kill each other and he left (Rwanda) knowing all this. That's why he left."

Mugesera was an adviser to former Rwandan dictator Juvenal Habyarimana, whose death in a plane crash in April 1994 triggered a brutal civil war in the Central African country.

In 1998, an immigration appeal board ruled that Mugesera had committed crimes against humanity, but he also met Canada's definition of a refugee, meaning he could not be deported from his home in Quebec City, where he has lived since 1993.

"He knows that in his country he and his children would have been killed," said his lawyer, Guy Bertrand.