Ron Csillag CJN

No charges in IDF case

There will be no charges arising from allegations that the Israel Defence Forces (IDF) has been recruiting members illegally in Canada.

The case began in 2020, when several progressive groups and individuals laid a complaint with Justice Minister David Lametti calling for an investigation and possible charges against those who recruit or encourage recruiting for the Israel Defence Forces among non-Israeli citizens in Canada.

Lametti referred the matter to the RCMP, which, on June 8, issued the following statement to the CJN: “A review was conducted. [H]owever, a criminal investigation was not initiated. The file is now concluded and the RCMP has no further comment.”

Israel’s consulate in Toronto was unavailable for comment. The country’s embassy in Ottawa did not respond to a request for comment.

The case began when the Canadian Foreign Policy Institute, Palestinian and Jewish Unity, and Just Peace Advocates presented the complaint to Lametti, alleging that recruiting by the IDF in Canada violated the Foreign Enlistment Act. The act states that any person “who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.”

The complaint focused on online ads from Israel’s consulate in Toronto, which said an IDF representative was available for personal appointments for those wishing to join the forces, not just those required to do their compulsory military service.

“Young people who wish to enlist in the IDF or anyone who has not fulfilled their obligations according to the Israeli Defence Service Law are invited to meet with him,” the ad stated, according to the complaint.

The complaint also alleged that the consulate had arranged for Israeli soldiers and veterans to appear in Jewish schools, summer camps and other venues in Canada with the goal of inducing young people to enlist.

The allegations were unfounded, said Israel’s consul-general at the time, Galit Baram.

“Israeli law dictates compulsory military service to Israeli citizens over the age of 18, whether male or female. Consequently, Israeli citizens of drafting age living abroad are required to settle their status with the Israeli authorities, through Israeli consulates around the world,” she said.

Baram called the charges an attempt to “smear” Israel.

At the time, Lametti said diplomats representing Israel in Canada “follow Canadian law.”

Included in the complaint was an open letter signed by U.S. academic Noam Chomsky, musician Roger Waters, author Yann Martel and more than 170 prominent Canadians. It was delivered to Lametti, asking him to probe recruitment for the IDF taking place in Canada.

The complaint noted that there were some 230 Canadians serving in the IDF as of 2017, and that it was “unclear” how many were recruited in ways that violated the law.

After the complaint was laid, Winnipeg human rights lawyer David Matas said Israel’s consulates in Toronto and Montreal practised neither recruitment nor inducement, since Canadian citizens wishing to join the IDF had already made up their minds to do so.

In the latest development, Matas said he believes the RCMP dropped the matter because they did not have evidence to reach a conviction, and that there is “no evidence potentially available through investigation that could change that conclusion.”

Matas’s view is that the case “had no merit at all.”

The matter was further pressed in 2021 when NDP MP Matthew Green sponsored a petition calling on Canada to investigate allegedly illegal recruitment by the IDF in Canada.

In its response the following year, the justice ministry said the responsibility for investigating and prosecuting offences under the Foreign Enlistment Act “rests with independent law enforcement and prosecution services.”

The case is another loss for pro-Palestinian activists. Last December, a criminal charge they initiated against Sar-El Canada, the Canadian arm of an Israel-based organization that provides volunteers for the IDF, was withdrawn because there was no reasonable chance for a conviction. That case alleged that Sar-El Canada also violated the Foreign Enlistment Act by recruiting volunteers for the IDF.

The Foreign Enlistment Act was passed in 1937 to prohibit the recruiting of Canadian volunteers to fight in the Spanish Civil War. Roughly 1,700 Canadians signed up anyway to fight for the anti-Franco Loyalists, the vast majority of whom were recruited by the Communist Party of Canada. They formed the storied Mackenzie-Papineau Battalion (the “MacPaps”).

According to historian and legal scholar Tyler Wentzell, no Canadians have been charged or prosecuted under the act.

– For more national Jewish news, visit cjnews.com

Election date remains

Conservative candidate Chani Aryeh-Bain, left, and activist Ira Walfish at Federal Court in Toronto on July 16. (photo by Ron Csillag/CJN)

Last month, Elections Canada announced that it will not recommend that the date of the next federal election be changed, despite pressure to do so because it clashes with the Jewish holiday of Shemini Atzeret.

Moving the date “is not in the public interest,” Chief Electoral Officer Stéphane Perrault said in a statement on July 29. Only a few days earlier, the Federal Court of Canada ordered Perrault to reconsider his earlier refusal to move the date of the election – Oct. 21 – after it heard from observant Jews who pointed out that they cannot drive, campaign or vote on a holy day.

Lawyers for Chani Aryeh-Bain, the Conservative candidate in the Toronto riding of Eglinton-Lawrence, and Ira Walfish, an activist and voter who lives in the York Centre riding, had argued before the court that Perrault’s refusal to move the date to Oct. 28 was unreasonable and that they, along with 75,000 other Orthodox Jews in Canada, faced discrimination under the Charter of Rights and Freedoms. The court gave Perrault a deadline of Aug. 1 to strike a balance between election laws and the rights of Orthodox Jews to vote and campaign. He was not empowered to move the date himself, but could recommend that cabinet do so.

However, “after having carefully considered the impact of holding the election on Oct. 21 on the ability of observant Jews to participate in the electoral process, and having balanced that with my mandate to ensure accessible voting opportunities for all Canadians, I conclude that it would not be advisable to change the date of the election at this late stage,” Perrault stated. It was “not a decision that I make lightly, but with a view to providing the broadest possible range of accessible voting services to the population at large.”

In a written statement to the CJN, Aryeh-Bain, who had argued that, as an observant candidate she was prevented from getting out the vote on election day, said she was “extremely disappointed” with Perrault’s decision.

“We do not believe he balanced the democratic and religious rights of Jewish voters and candidates,” she said. “He has 85 days to prepare for this election – almost triple the amount of time than he has to prepare for a snap election. Why Perrault has dug his heels in is mystifying to me.”

Perrault acknowledged that, in the case of Aryeh-Bain, the effect of not moving the election date “is very significant.” He conceded that “no arrangement can be made that would truly allow her to meet her religious obligations and compete on equal terms with non-observant candidates.”

At a press conference at B’nai Brith Canada’s offices on the day of the decision, Walfish said, “We are obviously very disappointed. We do not agree that the [chief electoral officer] balanced the relevant interests in his further decision to not move the election.”

Walfish said that Orthodox Jewish-Canadians “will not participate in this election on an equal footing with other Canadians, not by design or choice, but because their conscience prevents them from doing so.”

Aryeh-Bain and David Tordjman, an observant Conservative candidate in Montreal, “are both seriously disadvantaged with an election on Oct. 21,” said Walfish.

In an 11-page statement, Perrault referenced a detailed “action plan for observant Jewish community voting,” which was launched in April. The statement noted that the Orthodox Jewish population is primarily located in urban areas in 36 of the 338 federal ridings. It said that those ridings range from one to 13.4% Jewish, according to the 2016 census, “which makes it possible to design local solutions … to ensure that Elections Canada’s services are targeted and responsive to local needs.”

Perrault took note of the argument presented in court that the four days of advance polls, from Oct. 12-15, reduce the ability of religiously observant Jews to cast ballots because they coincide with Shabbat and Sukkot. However, Perrault pointed out that there are many days during the election period in which observant Jews can vote, including by mail-in ballot, at an Elections Canada kiosk, or at one of roughly 115 post-secondary campuses from Oct. 5-9.

Moving the election date “will not remove all of the barriers that Jewish electors face in voting this election cycle,” Perrault stated. And if the date were moved, “the new dates for the advanced polls will also overlap with Jewish holidays,” he said. “There is no such thing as a perfect election day, especially in a country as diverse as Canada.”

Michael Mostyn, B’nai Brith’s chief executive officer, said Perrault’s decision was “just as wrong” as his initial refusal to move the date. He said Perrault’s admission that observant candidates cannot compete equally with non-observant ones is “a red line” for B’nai Brith. But Elections Canada has “run out the clock” because of the Aug. 1 deadline for setting an election date, he noted.

Mostyn called on “every Canadian Jew who is capable of doing so [to] cast a ballot via advanced polls or special ballots” and on Jewish voters to ask candidates whether they support changes to elections laws, to ensure that voting does not fall on a Jewish holiday again.

The Centre for Israel and Jewish Affairs (CIJA), on the other hand, said it “respects” Perrault’s decision.

“While mindful of the inconvenience that some will experience and the clear disadvantages faced by a religiously observant candidate, we trust that those challenges can and will be mitigated by the measures put into place by Elections Canada,” said CIJA chief executive officer Shimon Koffler Fogel in a statement.

CIJA said it, too, will focus on changing election dates, which have been fixed since 2007, so they no longer clash with Jewish holidays.

Perrault said he is “committed to continuing to work with the Jewish community to maximize voting options within the existing calendar in ways that are convenient and consistent with their religious beliefs.”

– For more national Jewish news, visit cjnews.com

NDPer sponsors anti-JNF bid

Ayalon Canada Park in the Ayalon Valley is one of the projects JNF supports. (photo by Guy Asiag, KKL-JNF photo archive)

A member of Parliament has agreed to sponsor an e-petition that calls on the government to revoke the charitable status of the Jewish National Fund of Canada (JNF).

This is the first time an MP has lent support to an effort to rescind JNF’s tax-exempt charitable status in Canada and marks the latest development in a long-running battle by those opposed to the JNF’s charitable status.

Quebec NDP MP and national revenue critic Pierre-Luc Dusseault has agreed to sponsor petition E-1999, which, as of this writing [Jan. 21], had garnered more than 1,400 signatures. It went online on Jan. 9 and will close for signatures on May 9.

E-petitions are an official system whereby petitions that are sponsored by an MP and receive 500 signatures will be tabled in the House of Commons. The government must then respond within 45 days.

It was submitted by Independent Jewish Voices of Canada (IJV), which is considered an outlier within the Jewish community, due to its support for the boycott, divestment and sanctions movement against Israel.

On its website, IJV calls itself “a grassroots organization grounded in Jewish tradition that opposes all forms of racism and advocates for justice and peace for all in Israel-Palestine.”

The JNF was recently the subject of a scathing story by the CBC, which reported that the charity was under a Canada Revenue Agency audit for using charitable donations to build infrastructure for the Israel Defence Forces, “in violation of Canada’s tax rules.”

The JNF responded by saying that it stopped funding projects on Israeli military bases in 2016 and that the projects only “indirectly” involved the IDF, because they were for children and youth on land owned by the IDF.

In a subsequent interview with the CJN, JNF Canada’s chief executive officer, Lance Davis, said the charity is working with the CRA on its review and issued staunch defences of JNF’s financial transparency and donor accountability.

The e-petition, which is addressed to the minister of national revenue, says JNF Canada “engages in discriminatory practices, as its landholdings are chartered for exclusively Jewish ownership, lease and benefit, as noted by the United Nations, the U.S. State Department, a former attorney general of Israel and the JNF itself.”

It says evidence “strongly indicates” that JNF Canada violates the Income Tax Act, common law and Canada Revenue Agency policy over its IDF-related projects.

As well, it claims the charity violates Canadian and international law “by enabling physical changes within occupied territory, thereby helping Israel effectively annex land within occupied territory, and, in the case of east Jerusalem, deepen control over land already annexed illegally.”

“Notably,” it adds, “the JNF Canada-funded Canada Park was built on the lands of three Palestinian villages destroyed following the 1967 war in direct violation of the Fourth Geneva Convention.”

It also accuses JNF Canada materials of depicting “occupied territory as part of Israel, a representation that runs contrary to Canadian foreign policy and international law.”

It calls on the minister of national revenue to revoke JNF’s charitable status, if the charity is found to violate the Income Tax Act, or CRA guidelines and policies.

It was initiated by Rabbi David Mivasair, a longtime IJV activist now based in Hamilton, Ont. He called the e-petition “part of an ongoing process” to hold public officials accountable.

“It’s incontrovertibly factual that JNF Canada is in violation of Canada’s tax laws,” Mivasair claimed. “It has been for decades. It’s been reported for decades.”

This latest campaign “is not something that I take any pleasure in doing, but feel is morally necessary to be done,” he added.

According to guidelines for MPs, no debate is permitted when a member presents a petition. An MP “may make a brief factual statement (referring to the petition being duly certified, to its source, to the subject matter of the petition and its request, and to the number of signatures it carries), but members are not allowed to read petitions nor are they to indicate their agreement or disagreement with them.”

In 2017, IJV submitted an 85-page complaint about JNF Canada to the CRA and the national revenue minister. That followed many other campaigns designed to pressure federal officials.

This is the first time IJV has submitted a parliamentary petition and it’s “just one way of drawing public attention to this,” said the group’s national coordinator, Corey Balsam. “We’re assuming [officials] will look into it and not much more than that. [But] it’s definitely a big step for our campaign.”

He said Dusseault is “not someone who’s very engaged [in the issue], but he heard the concerns and saw the evidence.”

Dusseault did not reply to the CJN’s requests for comment.

In a statement posted to its website, JNF called the e-petition “as empty and scurrilous as earlier efforts to delegitimize the outstanding work of the JNF and, by extension, the existence of the state of Israel.”

JNF said its outreach suggests “that those who are applying any degree of critical thinking see the petition for what it is and are dismissing it as not worthy of engagement.”

For Jewish National Fund of Canada’s response to the Jan. 11 Jewish Independent editorial, click here.

Jewish Heritage Month

York Centre Liberal MP Michael Levitt and Sen. Linda Frum hold copies of Bill S-232, the Canadian Jewish Heritage Month Act. (photo from CJN)

From now on, May will be Canadian Jewish Heritage Month across the country. The bill proclaiming the annual event passed its third and final reading in the House of Commons on March 28. The vote was unanimous.

The Canadian Jewish Heritage Month Act, known as Bill S-232, passed in the Senate before heading to the House. It received royal assent and became law on March 29, making this month the inaugural Jewish Heritage Month.

Sponsored by Conservative Sen. Linda Frum and Liberal MP Michael Levitt, the bill was introduced in December 2016, though the groundwork for it was laid in 2015, when former Mount Royal MP Irwin Cotler introduced the substance of the bill.

Canadian Jewish Heritage Month “will provide an opportunity for all Canadians to reflect on and celebrate the incredible contributions that Jewish Canadians have made to our country, in communities across Canada,” said Levitt in a statement.

“I am delighted that Canadian Jewish Heritage Month will be enacted into law in time to celebrate in May,” Frum said in a statement to the CJN prior to the royal assent being given. Jewish Heritage Month “will provide many opportunities for all Canadians to learn about the significant contributions of the Jewish community in Canada.”

The evening before the bill’s passage, several MPs spoke warmly of the Canadian Jewish community’s history and contributions to the country.

Referring to Toronto’s Jews, Toronto Liberal MP Julie Dabrusin said, “We have made our mark in the city, showing all the things we can contribute in so many ways through our cultural centres, art and food.”

She noted Toronto’s many Jewish cultural offerings, including the Ashkenaz Festival, the Toronto Jewish Film Festival and classes at the Miles Nadal Jewish Community Centre. Jewish Heritage Month “is going to be a chance to celebrate so much of what we have,” Dabrusin said.

British Columbia Conservative MP Dan Albas said, “in virtually every Canadian endeavour, in virtually every decade since the 1930s, Jewish Canadians have made significant and important contributions to virtually every area of Canadian life.”

It was a “proud moment” in February 2016 when 229 MPs passed a motion condemning the global boycott, divestment and sanctions campaign against Israel, Albas stated. He made special mention of those running the Okanagan Jewish Community Centre in his riding.

London, Ont., NDP MP Irene Mathyssen mentioned Canada’s “none is too many” policy in regards to the admission of European Jews between 1933 and 1945, and of the ship MS St. Louis, which carried 907 German Jews and was refused entry to Canada in 1939, sending 254 passengers to their deaths in the Holocaust.

In the years following the Second World War, nearly 100 Holocaust survivors found their way to the southern Ontario city. Many “became active in the life of London as business leaders, doctors, academics, retailers, developers and political activists. They also developed religious organizations, corporations and charities,” Mathyssen said.

She noted the launch, in 2006, of the Shoah Project at London’s Jewish community centre to record survivors’ testimonies, and she quoted from them.

Luc Berthold, a Quebec Conservative, noted that Canada is not the first country to create a Jewish heritage month. In 2006, former U.S. president George W. Bush signed a resolution proclaiming the month of May as the time to celebrate the contributions of the American Jewish community.

Berthold praised Quebec’s Jewish community and listed many household names from the province: poet and singer Leonard Cohen; television host Sonia Benezra; Alan B. Gold, who, in 1970, became the first Jew appointed chief justice of the Provincial Court of Quebec (now the Court of Quebec), and then the chief justice of the Quebec Superior Court in 1983; Dr. Victor Goldbloom, the first Jew appointed to a provincial cabinet; Maurice Pollack of Quebec City department store fame; real estate tycoon Marcel Adams; grocery magnate Sam Steinberg; and the Reitman family, owners of the women’s clothing chain.

In his remarks, Levitt paid lengthy tribute to Cotler, his “dear friend and mentor” and “one of the world’s preeminent international legal minds and human rights advocates.”

This type of initiative “helps Canadians understand one another by allowing different communities and cultures to be showcased and celebrated,” stated Shimon Koffler Fogel, chief executive officer of the Centre for Israel and Jewish Affairs. “Understanding and appreciating the contribution different communities make to Canada brings us close together as Canadians.”

To mark passage of the bill, Friends of Simon Wiesenthal Centre released a 72-page resource guidebook, available to community groups and school boards across the country, to enhance participation in Jewish Heritage Month.

Ontario passed the Jewish Heritage Month Act in 2012. It, too, sets aside each May to mark various events on the Jewish calendar, including the UJA Walk for Israel, the Toronto Jewish Film Festival, Jewish Music Week and Israel’s Independence Day.

– For more national Jewish news, visit cjnews.com

Ottawa teen sentenced

The front doors to Ottawa’s Congregation Machzikei Hadas on Nov. 17. (photo from Machzikei Hadas via CJN)

An Ottawa teen who vandalized several Jewish buildings last autumn, and who professed pro-Nazi sympathies, was sentenced in August to a year in custody, including time served.

The teenage male, who cannot be named because he was arrested as a minor, has been in custody for nine months, meaning he will serve another three months at Ottawa’s William E. Hay Centre, a youth detention facility. At his sentencing on Aug. 31, he also received two years probation, with several restrictions.

As part of his probation, the youth was ordered to write three 500-word essays, one each on a notable Jewish Canadian, a Muslim Canadian and a black Canadian. He also faces a curfew, restrictions on internet use and was ordered to stay away from the buildings he vandalized.

The teen had pleaded guilty to five charges, including inciting hatred, mischief against religious buildings, threatening conduct, possession of weapons and breaching bail conditions from an assault conviction in 2015. The charges stemmed from a spate of incidents between Nov. 13 and 19, 2016, when spray-painted swastikas, white nationalist symbols and racial slurs were daubed on two area synagogues, a Jewish prayer house, a Jewish communal building, a mosque and a United Church that has a black minister. The Jewish targets were Congregation Machzikei Hadas, Kehillat Beth Israel synagogue, a Jewish prayer centre called the Glebe Minyan that is run out of a private residence and a building on Ottawa’s Jewish Community Campus.

The teen turned 18 soon after the offences occurred. After he pleaded guilty, the Crown prosecutor asked the judge to consider sentencing him as an adult, in order to treat his racist ideology, monitor his movements and designate him a long-term offender. But the judge, Peter Griffiths, denied that request, saying the accused has shown signs of progress that risk being undermined if he were sentenced as an adult.

“We hope the judge is correct in his assessment and that [the teen’s] progress continues, because the best outcome for our community is that he alters his worldview,” Andrea Freedman, president and chief executive officer of the Jewish Federation of Ottawa, told the CJN.

Freedman, who attended the court hearings, said she considered the sentence to be just. “I think the judge was fair and tried to balance the need to infer that public safety is protected and that the sentence acts as a deterrent for others, while balancing the need to rehabilitate this young man,” she said.

Freedman, along with Linda Kerzner, chair of the Jewish Federation of Ottawa, and Elly Bolleggraaf, a local Holocaust survivor, submitted victim impact statements to the court, saying the attacks shocked and hurt the city’s 14,000-strong Jewish community deeply.

Freedman told the CJN, during the teen’s sentencing hearing last May, that the accused “has an extended history of racist and antisemitic views and, by all accounts, is completely unrepentant for his deeply traumatizing actions,” and that he had refused treatment.

“Accordingly, we feel we have no choice but to ask the court to consider a lengthy sentence and an extended probationary period, as well as a restraining order barring him from proximity to Jewish institutions,” Freedman said at the time.

At his sentencing hearing, Dr. John Federoff, a forensic psychiatrist who examined the teen, testified that the young man likely had schizophrenia and blamed his crimes on Jews.

More recently, the teen apparently told youth workers that he’s interested in removing racist tattoos from his body, expressed an interest in mental health counseling and has shown progress in vocational training while in custody, CBC News reported.

Freedman said the teen apologized for his actions before receiving his sentence. “We’re appreciative that this individual has been held accountable for his actions,”she said. “Our primary concern is the safety of our community members.” She added she is hopeful that the progress in the offender’s behaviour noted by the judge “is genuine and continues.”

While previous attempts at outreach have not succeeded, she said, “we continue to remain willing to engage with him in a sincere manner to help him alter his worldview. And we’re hopeful that this is the type of engagement that will bring this individual to successfully change his ways.”

“One year in custody with a two-year probation is the longest sentence ever handed down a young offender for a hate crime,” said Bernie Farber, executive director of the Mosaic Institute, who testified as an expert witness at the teen’s trial. “It sends a strong message.”

– For more national Jewish news, visit cjnews.com