TORONTO - The Canadian Jewish Congress says it would have preferred if the case of a former Saskatchewan Indian leader who referred to Jews as a disease had been appealed to the Supreme Court Of Canada.

David Ahenakew, a former Assembly of First Nations leader, was convicted of wilfully promoting hatred in 2005 over the remarks and fined $1,000.

The conviction was later overturned by the Saskatchewan Court of Appeal and a new trial was ordered.

Congress spokesman Jordan Kerbel said while grateful for the retrial decision, the organization believes justice would have been served by an appeal to the Supreme Court.

The charge arose out of remarks made by Ahenakew at a conference in 2002, as well as comments he made in an interview with a newspaper reporter.

In the interview, he said Nazi leader Adolf Hitler came to power to prevent Jews from taking over Europe.