News – Page 134

Do we care about being fair?

In its decision on Uber Technologies Inc. v. David Heller, the Supreme Court of Canada determined that the freedom of contract is not so absolute in its technical application as to undermine its purpose of allowing people to craft their own destinies. (photo from wikipedia)

Does fairness play a role in how we interpret and apply law? After all, doesn’t a person have the right to make bad decisions?

The Torah gives us the written law, similar to legislation, and the Talmud gives us the oral law and commentary, similar to the doctrines and jurisprudence of common law.

So, are we to interpret and apply law strictly, even if it seems unjust? Is there authority to temper the interpretation of law based on the circumstances? The Talmud tells us, yes. In June, the Supreme Court of Canada agreed.

Every businessperson knows that it’s a good idea to get an agreement in writing. We use written agreements to make a record of what the parties have agreed is their shared vision of their business relationship. Part of that shared vision might include agreeing that certain rights ordinarily afforded by the law of the land won’t apply to this relationship. The right to give up a right is central to the freedom of contract.

The freedom of contract is based on the idea that a person knows what’s best for them and wouldn’t agree to something if the bargain weren’t to their liking. The law doesn’t protect you from your own bad decisions, but it is supposed to protect you from bad decisions that you didn’t make freely.

In June of this year, the Supreme Court of Canada decided the case of Uber Technologies Inc. v. David Heller. Heller was an Uber food delivery driver. As such, he signed a standard agreement with Uber – the kind of agreement that is a “take it or leave it” proposition. Very few people read such contracts and, even if they do take the time to read and understand them, they don’t have the opportunity to create the “shared vision” that the freedom of contract is supposed to protect.

One of the terms of the Uber contract was that any dispute would be dealt with through a mediation and arbitration process in the Netherlands, rather than through the court system in Canada. Doing so would require up-front fees of $14,500 US, not including the cost of lawyers and travel. Heller’s annual earnings from Uber are between $20,000 and $30,000 Cdn. In other words, it would cost at least half of his annual earnings just to file his dispute, let alone pursue it.

The Supreme Court of Canada found in Heller’s favour.

If this had been a freely negotiated contract, Heller would have made a bad decision, but it would have been his decision to make and thus enforceable. However, it was clear to the court that Uber put this clause into the contract to make sure their drivers simply could not bring any dispute against them.

The court could have said that, according to the strict letter of the law, Heller agreed to the contract and is, therefore, bound by it. It doesn’t matter if you now find unfair a contract that you freely agreed to.

Instead, the court said the law in its strictest form is not always applicable, and we must determine whether it is inhumane to apply it strictly or whether circumstances demand we temper it. The court found that, rather than providing an alternative means to justice (i.e. arbitration), Uber imposed an unreasonable barrier to justice; they found a way to make sure that their drivers could not access justice no matter the merit of their complaint.

Many of us are familiar with the first three verses of parshat Shoftim in Devarim (Deuteronomy 16:18-16:20). First, a system of judges is established. Second, the judges are commanded to judge fairly on the merits of the cases. The third verse contains one of the most well-known phrases in the Torah: “Justice, justice shall you pursue.”

Why is the third verse there, and why does it use the word “justice” twice? The second verse has commanded the judges to follow the law without prejudice. Why then tell us to pursue justice? Isn’t that implicit in the establishment of a rule-of-law justice system? And what is “justice, justice” as opposed to “justice”?

In Chapter 2 of tractate Avot in the Mishnah, we are told, “warm thyself by the fire of the sages, but beware of their glowing coals, lest thou be burnt, for their bite is the bite of a fox, and their sting is the sting of a scorpion, and their hiss is the hiss of a serpent, and all their utterances are like coals of fire.”

At the distance where coals keep you warm, you can learn. At this distance, you can also see the coals in the context of providing warmth. If you are close enough that they can bite, sting and hiss, you lose sight of their purpose (warmth) and will be burnt. This applies to law.

Chapter 1 of Avot provides three interpretations of law’s purpose in the olam, world – olam also means the universe and everything in it.

Verse 2 of Chapter 1 says that the world stands on Torah (law), work (the practice of law) and kindness.

Verse 12 directs us to love peace, to pursue peace and to love all creatures bringing them closer to the Torah (law).

Verse 18 tells us that the world stands on justice, truth and peace.

The inclusion of kindness and peace alongside law tells us not to get so close to the coals that we forget their purpose is warmth.

“Justice, justice” is not only law, but law with purpose. Law without purpose may wear a badge of justice, but it is not truly just. Law used for the purpose of subverting justice is not just.

The court determined, in the Uber decision, that the freedom of contract is not so absolute in its technical application as to undermine its purpose of allowing people to craft their own destinies. In this case, Uber’s contract precisely contradicted that purpose: Uber imposed a contract that expressly denied Heller the right to craft his own destiny without his freely given consent.

Jeremy Costin is a business and estates lawyer practising in Vancouver. He sits on the board of directors and the governance committee of the Vancouver Holocaust Education Centre, and is a frequent guest instructor at the Law Society of British Columbia.

What if critical illness strikes?

(photo from flickr)

We all wonder and fear what would happen if we were diagnosed with one of many critical illnesses or suffered a heart attack or stroke.

You work hard to achieve personal and financial goals during your lifetime. Your plan is working and you have accumulated savings and investments, using tax-efficient investment strategies such as your registered retirement savings plan (RRSP). If you have to sell investments prematurely or stop investing in order to manage recovery costs, your future plans may never recover. So what should you do?

The survival rate of these critical illnesses has risen over the years and we are now most likely going to survive “the big one.” In Canada, these are the statistics: 63% likelihood of surviving at least five years after a cancer diagnosis, 90% will survive a heart attack, and there is an 80% survival rate after a stroke and hospitalization.

Here’s the problem

The issue is that there are significant costs associated with the treatment and recovery from such an illness. There can be large medical bills that are not covered by our various healthcare plans. In Canada, many will want to pursue treatments offered by private clinics at home or abroad, which can be extremely costly.

In addition to these costs, we often neglect to consider the other realities that people face, such as not being able to work. The most obvious is the loss of income suffered when one cannot work or run the family business or professional practice for an extended period of time. This might also affect the income of the spouse and other family members, those who are needed to provide home care.

What are the options?

To deal with the unexpected costs and loss of family income there are really two choices:

One may choose to self-insure, meaning that one accepts the risks and has put money aside to cover the eventuality, or
One may purchase critical illness insurance, which provides a lump sum after one is diagnosed with one of the critical illnesses covered in the policy.

The options in more detail

Removing the costs and lost income from one’s financial plan is a considerable setback to the financial plan. The projected retirement income is suddenly reduced and, for most people, it will never be made up. The impact is even greater if one is forced to withdraw from RRSP accounts, as these amounts are fully taxable as income.

As an example, if one needed to cover $100,000 of costs and had to withdraw it from a RRSP account, at a marginal tax rate of 50%, the person would have to withdraw $200,000 of savings intended for retirement.

The eventual impact on one’s projected retirement must be considered carefully, taking into account the income tax issues based on the source of funds, plus the loss of compounding that will no longer be enjoyed on the growth of those funds from the time of the critical illness until the time one planned to retire.

Suffice it to say, the decision to self-insure needs to be taken very seriously. Unfortunately, there are statistics that reaffirm the risks of falling ill with a critical illness are significant.

Critical illness insurance is sometimes referred to as “new insurance,” as it is a newer solution than traditional life insurance. In the past, before the many medical advancements we have enjoyed, life insurance was the solution because it was more rare to survive the illnesses.

Critical illness policies are designed to pay out a lump sum, say $100,000, typically 30 days after the diagnosis. The illnesses are defined and one can purchase a basic plan that covers heart, stroke and cancer, or the more comprehensive plans that have up to 25 covered conditions and include long-term-care insurance as well.

As of the end of 2019, one major life insurance company reported the following statistics:

It has paid out $520 million on 5,360 claims. In 2019, 67% were for cancer, 13% for heart attack, four percent for strokes and the remainder for coronary bypass, multiple sclerosis and other illnesses. The average age of claimants was 53 for women and 55 for men.

The lump sums paid out are used to cover medical costs, replace lost income, retire debt such as loans and mortgages, cover salaries within a business and often pay for time off and bucket list-type vacations.

There are programs available where, if one has been fortunate enough to not have made a claim, in other words, not have fallen ill with a critical illness, the policy can be canceled and all the premiums refunded. The only cost, in that case, is the time value of money on the premiums, as 100% is refunded.

It is even possible to model such a plan where one uses funds earmarked for a RRSP contribution to cover the premiums. This is more effective than one might first think, as the refund of premiums is tax-free.

The first step is to identify and understand the risks to one’s retirement plan. The second step is to consult a qualified professional to consider what protection works best for you.

Philip Levinson, CPA, CA, is an associate at ZLC Financial, a boutique financial services firm that has served the Vancouver community for more than 70 years. Each individual’s needs are unique and warrant a customized solution. Should you have any questions about the information in this article, he can be reached at 604-688-7208 or plevinson@zlc.net.

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Sources: Manulife Insurance – Critical Illness: Asset Protection: Keep Your Retirement Savings for the Future, and Critical Illness: Retirement Protection Handbook.

Disclaimer: This information is designed to educate and inform you of strategies and products currently available. The views (including any recommendations) expressed in this commentary are those of the author alone and are not necessarily those of ZLC Financial. This information is not to be construed as investment advice. It is for educational or information purposes only. It is not intended to provide legal, taxation or account advice; as each situation is different, please seek advice based on your specific circumstance. This commentary is not in any respect to be construed as an offer to sell or the solicitation of an offer to buy any securities.

Contemplating walls

The separation wall, Bayt Mirsim. (photo by Kevin Keystone)

In this three-part series, the author recounts some of his experiences on Masar Ibrahim Al-Khalil, the Path of Abraham the Friend, in the West Bank, which he visited in 2019. The articles have been adapted from a few of the letters he wrote home to family. The events and people described are real but, for reasons of privacy, the names are fictitious. To read Part 1, click here; for Part 2, click here.

Today was our last day on the trail. After many late nights of parlour games, beers and anticipation, we were tired. One of our fellow hikers, Felix, had to stop periodically: the soles of his shoes had worn through, he could feel the tiny stones biting underneath. Uncharacteristically, he was in pain, but he muscled through.

We descended into a valley, dotted with pale green brush, reminiscent of our first days on the trail. The valley opened into expansive views of olive groves, steppes cut into the hills, tidy rows of trees buttressed by stone walls. It could have been Tuscany but was the Middle East, with a warm breeze and soft, popcorn-shaped clouds overhead.

Admiring the scenery, I thought of what lay ahead. I would be spending tonight in Jerusalem. It was a place I hadn’t been since my Birthright trip eight years ago. My rabbi had once invited me on a congregational tour of Israel, in recognition of my service to the synagogue, but I turned it down. A friend rightly pointed out that, as an Arab Muslim, he couldn’t visit the Holy Land as readily as I could. In solidarity, he suggested I shouldn’t go. That seemed fair, so I didn’t. But here I was, so close to Jerusalem and the Wailing Wall. How could I not go?

* * *

It was a hot day on my Birthright tour. We weaved our way through the Old City, through its various souks and alleyways, to arrive at a platform high above the Wailing Wall plaza. Our guides wanted us to see it there first for a clear, unobstructed view. It wasn’t busy, just another day in Jerusalem at the Wall and the holiest site in Judaism. The wide-open plaza was sleek and clean, the great stone wall standing pink and golden.

We descended towards it, and I could feel the heat. I was dehydrated and a bit dizzy. Our guides released us and we ambled forward, dazed, in the wall’s general direction. A man stopped me and asked if I wanted to put on a prayer shawl. I did. He asked me if I wanted to lay tefillin. I had never done it before. He helped me. “Repeat after me,” he said. “Baruch atah Adonai …” as he wrapped the leather band around my forearm.

Prepared, I approached, pulled in by the wall’s gravity. I slipped off my sandals to stand on the ground with my bare feet. I pressed my hand to the mottled stone and closed my eyes. “Baruch atah Adonai,” I began. Strangely, I felt both heavy and light, a yearning and also a surrender. I said the Avot v’Imahot, the prayer that recognizes our descent from Abraham and Sarah, tracing us back through the generations. I didn’t know, then, how important that moment and that prayer would be.

When I was finished, I slipped on my sandals and stepped away.

* * *

“This might be the most beautiful day on the trail,” said Jane, a soft-spoken homeopath, a Mancunian and longtime friend of fellow hikers Eve and Oliver. Her husband George was in business software. He regularly meditated.

She was right. I was worn out but had to agree. It was beautiful. Picturesque, even. Idyllic. We pulled over, as we had during our first week, to have coffee with olive harvesters and help them rake the trees. A young mother with her toddler, husband and parents: harvesting is so often a family affair. Hospitable as ever, much coffee and tea was poured and drank, olives collected, tobacco rolled, puffed and exchanged. We waved our goodbyes – shukran, aleykum salaam – and continued on.

A stretch of valley gave off onto a final stretch of orchards and, as I clambered over the low stones, I looked up and saw the separation wall. From a distance, the 25-foot concrete wall, scrawled with barbed wire, rose through the canopy of the trees. Hesitatingly, I walked towards it, tracing its contour in my mind. In some parts of the West Bank, the barrier is composed of giant slabs of concrete dotted with military towers; in others, it is coiling pyramids of barbed wire or electrified fence bordered by wide swaths of sand to detect trespassers. Here, it is rebar and cement, two-and-a-half storeys high, and cuts through olive groves and the hills around it. I pressed my hand to it; it was cold and abraiding. I closed my eyes and said a prayer for a future without it.

photo - Dawn at the Dead Sea — Dawn at the Dead Sea. *(photo from Kevin Keystone)*

* * *

Compared to the West Bank, downtown Jerusalem feels like another planet. I spent that night in a small apartment hotel off Jaffa Street, a few blocks from the Old City. It was a one-bedroom suite with a fully equipped kitchen and three-piece bathroom. The water was hot, the shower had walls and a showerhead, and I could drink the water. It was unlike many nights on the Masar.

Jaffa Street reminded me of places like Vienna or Vancouver: the pavement was so clean you could eat off of it. The pedestrian walkways alongside were spacious and wide, paved with smooth and even slate-gray tiles. The streetcars were sleek and punctual. Art galleries and museums, ornamental lights and public transportation, urban and urbane. First world versus developing; moneyed versus struggling. The contrast was deeply uncomfortable.

My friend Marta and I wound our way through the narrow, dreamlike alleyways of Nakhalat Tziyon, the walls lined with thick slabs of golden Jerusalem stone. A playful breeze danced through the trees. We stopped for lunch at a picturesque café, complete with colourful outdoor seating and painfully handsome servers. The food was delicious and expensive; we ordered hummus that came with falafel and sweet lemonade.

“How is this real?” I asked her.

“I know,” she said. “It’s shocking.”

After lunch, I returned to the place I had been many years before. I followed the signs in the Old City, the pull magnetic, feeling a mix of dread and anticipation. I saw it first as before, from above, the top of the staircase leading down to the Kotel.

Few tourists were out today, just the heat and people praying. Orthodox tradition dictates separating the genders; indeed, on the women’s side, a fraction the size of the men’s, Torah scrolls are still officially prohibited. Today, the women’s side was packed, the men’s side dotted with the odd worshipper. At the tefillin tent, an old man shawled me in his tallit. A red-headed, black-hat wearing Charedi named Isaac helped me with the tefillin. He looked about my age, or a few years younger. In another life, I wondered, would I have been him?

“Did you do this yourself?” he asked, pointing to the forearm I had already bound.

“I did,” I said. For a month, in the intervening years, I had done it every morning. “I just can’t remember how to do the hand part.”

“I can help,” he said. Isaac said many things: about God, what God wanted, the prayers I could say at the Wall. “Sometimes, you might feel like the worst Jew ever,” he said. I didn’t. I never felt that way. I wasn’t a “good Jew” or a “bad Jew,” I was just Jewish.

“Say a prayer for all your loved ones, then say a prayer for yourself,” he said. “Then maybe you’ll say a prayer for me, too.”

Blocks of stone peppered with bits of paper: the wall hadn’t changed, but I had. I pressed my hand to it, feeling its soft, pockmarked face, and closed my eyes.

* * *

I’m home now, in Canada, and wonder about my travels. I came back “with eyes wide open,” as my rabbi had prayed: to the painful, joy-filled and resilient lives of the Palestinians I met. I think about the separation wall and the Kotel, how they’re connected and what it meant to pray at them, different but related prayers. If the Wailing Wall is part of us as Jews, then perhaps its future and our spiritual liberation is bound together with the separation wall. Perhaps the Kotel will never truly be honoured until we bring down the separation wall. As I contemplate the stories of our freedom from bondage, I’m reminded of the idea that our liberation, spiritual and otherwise, is bound up with the liberation of others.

Kevin Keystone is a Toronto-based freelance writer, editor and researcher. When not hiking long-distance trails, he can be found reading, spending time with friends and family, or with his beloved partner, Aaron. His writing has been published in the Literary Review of Canada, the Jewish Independent and Good Old Boat. For this series, he thanks the guides and staff of Siraj (the Masar Ibrahim Thru-Hike tour operator), the host families and locals he met along the way and his fellow hikers, as well as friend and editor Matt O’Grady.

Israel on lockdown

(photo from Ashernet)

Jerusalem on erev Sukkot, Oct. 2: Keren Hayesod Street (above), the Mamilla open-air mall and the First Station complex (both below). Normally, these places are full of people, especially the day before a holiday. However, for the foreseeable future, Israel is on a total lockdown – the country has one of the highest per capita COVID-19 infection rates in the world. Traffic around the country and in the cities has been exceptionally light, as people are only allowed to travel to essential work or to buy necessities at supermarkets and drugstores.

photo - The Mamilla open-air mall — The Mamilla open-air mall *(photo from Ashernet)*

photo - The First Station complex — The First Station complex *(photo from Ashernet)*

הימורים לא חוקיים באונטריו

(Wikimedia)

סגירת בתי הקזינו באזור מחוז אונטריו הגבירה את משמעותית את מאמצי העבריינים באזור להגדיל את חלקם בהכנסות מהימורים לא חוקיים. משטרת יורק ניהלה זה חודשים חקירה מסועפת ומסובכת אחר המתחרש בווילה מפוארת באזור מרקהאם שמצפון לטורונטו. זאת לאחר שנתקבל מידע על קזינו מחתרתי שפעל במקלט של הבית המפואר, כאשר סכומי כסף גבוהים מאוד עוברים מיד ליד. התקבל גם מידע על כלי נשק שמוחזקים במקום, כמו גם אלכוהול רב וקרוב לוודאי שגם נערות ליווי הועסקו בשירות לאורחים המהמרים.

במשטרה העניקו עדיפות לחקירה של הקזינו הבלתי חוקי, כרגיל כמו בכל אירוע בנושא פשע מאורגן. חלק מחקירת המשטרה המתמשכת כלל שימוש באמצעים טכנולוגיים כולל מעקב באמצעות כלי טיס מהאוויר. זאת עד שהוחלט שהגיע הזמן לפשוט על הווילה המפוארת. במבצע השתתפו עשרות שוטרים ובלשים מיחידות שונות של המשטרה. שווי הווילה נאמד בכתשעה מיליון דולר והיא מתפרשת על פני כעשרים אלף סווקר פיט.

חוקרים ביחידות אכיפת הפשע המאורגנת של משטרת יורק בהם היחידה למודיעין והיחידה לטיפול בנשק, כנופיות ואכיפת סמים, פשטו על הבית המפואר לאחר שקיבלו צו חיפוש מבית המשפט, בו פעלו לכאורה כקזינו וספא בלתי חוקיים. המשטרה תפסה בפשיטה אחד עשר כלי נשק ולמעלה ממיליון דולר במזומן.

בחודש המאי השנה, יחידת המודיעין האזורית של יורק והיחידה לטיפול בנשק, כנופיות וסמים החלו בחקירה סביב קיום משחקים לא חוקיים, בעיקר בתקופת הקוויד. זאת לאחר שהמשטרה קיבלה מידע בדבר בתי קזינו תת-קרקעיים שפועלים באזור מרקהאם.

בראשית חודש יולי השנה החוקרים ערכו פשיטה לאחר שקיבלו צו חיפוש מבית המשפט על חנות שממוקמת בשדרת מידלנד במרקהאם. בחנות התנהלה פעילות של משחקי מזל לא חוקים. נתפסו שולחנות משחק, מכונות מזל וידיאו ויותר מעשרים אלף דולר דולר. חמישה אנשים ששהו במקום נעצרו.

בשבועות האחרונים יחידות שונות במשטרת יורק, בסיוע צוותים טקטיים ממשטרת מחוז אונטריו ושירות המשטרה האזורית דורהאם, קיימו מעקבים הדוקים על הבית המפואר (שנמצא ליד שדרות מקנזי). לאחר שהתקבל אישור מבית המשפט לצו חיפוש, פשטו השוטרים על הווילה ומצאו שבמקלט שלה פעל קזינו בלתי חוקי ברמה גבוהה. שלושים ושנים אנשים חשודים נעצרו במקום. לאחר חיפוש נרחב בווילה נתפסו אחד עשר כלי נשק עם תחמושת רבה, יחד עם יותר ממיליון דולר במזומן, מכונות משחק ושולחנות. וכן למעלה ממיליון וחצי בקבוקי אלכוהול. האחוזה נסגרה ונאטמה לחלוטין על ידי השוטרים.

חוקרי המשטרה הספיקו עוד לפשוט על בית מגורים באזור וודלנד שבעיר ווהאן לאחר שהתקבל אישור מבית המשפט לצו החיפוש. נמצאו עדויות לפעילות של משחקים לא חוקיים במקום, שלושה אנשים נעצרו ונתפסו למעלה משבעים אלף דולר.

במשטרה מציינים כי הפשיטות שביצעו הן משמעותיות, אך אלה הן רק תחילת המאמצים לפרוק קבוצות פשע מאורגנות, שמפעילות משחקים לא חוקיים באזור יורק. לדברי החוקרים הכסף שעובר בבתי קזינו מחתרתיים אלה מוביל לרווחים עצומים של עבריינים, שמממנים מיזמים אחרים כמו זנות וסחר בסמים. הימורים בלתי חוקיים אלה, גורמים גם לאלימות נשק, מעשי שוד מזויפים, חטיפות, סחיטה באיומים ועוד. המשטרה תמשיך להתמקד בפשע מאורגן באזור יורק ותשתמש בכל כלי העומד לרשותה, כולל חשבונאות משפטית, בכדי להבטיח כי פושעים אלו יישאו באחריות.

בכל החקירות השנה נעצרו עד כה ארבעים וחמישה איש כאשר שלושים ושלושה מהם, הואשמו ביותר משבעים עבירות פליליות.

School year has begun

Head of school Russ Klein welcomes back King David High School students. (photo from facebook.com/kdhsvancouver)

Metro Vancouver’s five Jewish day schools are officially in session – student orientation began the week of Sept. 8. But, while the schools are working hard to create a “normalized” and consistent atmosphere for learning, the new procedures set in place by the Ministry of Education’s Back to School program will likely take a bit to get used to.

In July, the Ministry of Education announced new guidelines for class sizes and safe attendance as it prepared to return students to the classroom. Elementary and middle school cohorts are limited to 60 persons each, while high school learning groups are capped at 120 students. The province requires masks to be used at middle and high schools whenever social distancing cannot be maintained.

King David High School’s head of school, Russ Klein, acknowledged that having to wear a mask at school may be awkward for many. As well, the two-metre social distancing requirements will, at times, be difficult, forcing students to study on their own, rather than buddying-up for group assignments. That means, said Klein, “you are also then reducing opportunities for group work. You’re not facing the kids together, you are not sitting them in bunches,” methods that have often proven to be effective approaches in large classrooms. Teachers, he added, “really like to help their kids and needing to stay six feet away from them at all times changes how you help somebody and how you interact with them.”

Many schools began implementing changes to classrooms, common rooms and lesson plans last school year when it became evident that social distancing would affect how classes were taught. Rabbi Don Pacht, who oversees the Vancouver Hebrew Academy daily operations, said the move to a brand-new building last spring helped with that transition.

The larger building, he said, “gives us a very desirable ratio of space per student. Keeping distance between learning groups and allowing for distance between desks will be easily achieved.”

Like other schools in the area, VHA has also implemented see-through “sneeze guards” and other preventive measures to reduce chances of transmission. “We have also invested in Plexiglass screens and additional hand sanitizing stations throughout the school,” said the rabbi.

Vancouver Talmud Torah began making changes to the curriculum last school year as well. Jennifer Schecter, who serves as the communications and admissions director for VTT, said the speed with which the school began implementing changes to address the coronavirus threat appears to have paid off.

“Our retention was at an all-time high this past year because I believe parents value our product and the sense of community we provide more now than ever. This is a testament to our faculty’s superb skill in pivoting and offering a robust remote learning program last spring,” Schecter said.

Technology plays an oversized role in teaching modules this year. All of the schools the Jewish Independent spoke with said they are prepared for a return to remote learning, should it occur.

“Every single faculty member has a VTT-issued MacBook Air to use at school and at home and each classroom is equipped with screencasting technologies,” said Schecter. “Our IT department is incredibly responsive, knowledgeable and stays ahead of the curve with respect to tools that can facilitate instruction, especially if VTT needs to go remote again.

“Last year, we put a solid infrastructure in place that allowed us to pivot quickly to remote learning,” she said. “We will be able to lean on this structure this year. Teachers are planning in anticipation of a potential shift to remote and will be acquainting their students with many of the same tools they did last year, such as Google Classroom.”

Meira Federgrun, who runs Shalhevet Girls High School, said students are outfitted to work either in-class or at home, when necessary. “All our students have personal laptops … and, in case students are self-quarantining/isolating, they have that as a resource to Zoom into classes on their regular schedule.”

KDHS’s Klein said teachers and administration are also preparing for increased absenteeism. “Because, when people are not feeling well, they are supposed to not come to school. And that could be the student or the teacher,” he said.

According to the B.C. Centre for Disease Control, children in this province have a lower rate of infection than adults. Still, preparing for the chance that some students may have to study from home while they are quarantining has required some out-of-the box thinking when it comes to lesson planning.

“Managing to keep the educational program uninterrupted and keep students that are absent in the educational flow, I think that’s going to be the challenge,” Klein said.

Pacht said parents will be expected to keep the school informed about students’ health status on a regular basis. “We know that there is stress on the parents as well,” said Pacht. “There will be questionnaires, waivers and health checks. If a child has as much as a sniffle, they will not be allowed to attend school until seen by a healthcare professional.”

Provincial COVID-19 health and safety guidelines require schools to maintain daily health checks for all students, staff, administrators and visitors, and parents’ participation with that process helps reduce the chance of an accidental infection at school.

Pacht added that the students’ sense of safety is important, too, as they adjust to this new environment. “This will be stressful for students, too, and we will focus on social and emotional support for students,” he said. “They will have to adapt to a new way of experiencing school (again!), and we want to ease that transition.

“I know that if we work together we can provide an exceptional experience for our children.”

image - Dr. Lara Aknin says kids may need extra support this year to prepare them for new learning experiences — Dr. Lara Aknin says kids may need extra support this year to prepare them for new learning experiences. *(photo from sfu.ca/vpresearch/Research50/abundance.html)*

Dr. Lara Aknin, a social psychologist at Simon Fraser University, said kids may need extra support this year to prepare them for new learning experiences.

“Helping kids feel safe and secure during the pandemic is important as we return to school this fall,” she said, offering the following research-proven ways to help young students gain confidence in today’s “new normal” classroom.

Encourage gratitude. “The pandemic has exacted a large toll on many,” said Aknin. “When possible, try reflecting on what you are grateful for.” Help students “focus on what’s good, rather than what’s lost.”
Be kind and help others. Research has shown that we feel good when we help others. It can be as simple as donating tzedakah to a special charity or comforting another student, she said, “but finding ways to help others can make you feel grateful and boost your mood.”
Maintain a daily routine that kids can follow. Doing so provides predictability and structure during challenging times.
Keep up that exercise regimen. It’s a known fact that exercise helps boost serotonin and elevate mood. Aknin pointed out that exercise doesn’t have to be a workout. It can be a dance party, a family stroll after dinner or a favourite game.
And don’t forget to socialize. “Distant socializing,” even when it’s virtually or two metres apart, reinforces kids’ social connections with their friends, extended family, schoolmates and new acquaintances,” said Aknin. “[Ensuring] physical distance from others doesn’t mean we should cut off all contact with others. Find creative ways to stay connected and have meaningful contact with friends and family with Zoom, FaceTime, or distanced visits outside.”

Jan Lee’s articles and blog posts have been published in B’nai B’rith Magazine, Voices of Conservative and Masorti Judaism, Times of Israel, as well as a number of business, environmental and travel publications. Her blog can be found at multiculturaljew.polestarpassages.com.

***

New Hebrew school opens

B.C. Regional Hebrew Schools, run by Lubavitch BC, has launched a new Hebrew school for elementary students in the East Vancouver area. The Mount Pleasant location will be Lubavitch BC’s third school in the Lower Mainland.

“This program has been created uniquely for children who attend public school or non-Jewish private schools, and aims to present a comprehensive curriculum, including Hebrew language, reading and writing; Jewish pride and sense of community; Jewish holidays and customs,” said a press release announcing the opening. Rabbi Dovid and Chaya Rosenfeld serve as the directors for the three schools in the Lower Mainland. Riki Oirechman will be the new school’s principal.

Classes will take place Wednesdays, 3:45 to 5:30 p.m., at Mount Pleasant Neighbourhood House, accompanied by a complimentary kosher meal.

The organization said it is abiding by all COVID-19 protocols and, as such, asks that parents understand they will not be able to accompany their children inside during classes or drop-offs. Parents can inquire about classes by calling 778-878-2025 or emailing vancouvercgi@gmail.com. The class schedule can be found at ganisraelbc.com.

– JL

Negev campaign goes virtual

In closing the Heart Stirring Negev Event on Zoom, Ilan Pilo, executive director of JNF Pacific Region, talked about the important work done by Save a Child’s Heart, the organization at the centre of this year’s fundraising campaign. (screenshot)

Jewish National Fund of Canada, Pacific Region, held its first virtual Negev campaign event on Aug. 30. The original Zoom was recorded and shown again on Sept. 13 and 16. The object of the fundraising campaign is Save a Child’s Heart (SACH), an Israeli-based global organization with the mission of improving “the quality of pediatric cardiac care for children in developing countries.”

“This year, we’re collaborating with Save a Child’s Heart to build a treatment room in the pediatric surgical wing,” explained Lance Davis, chief executive officer of JNF Canada. “Thanks to your support, JNF can fund the bricks and mortar to house the wonderful doctors and staff who perform life-saving surgeries. JNF will literally fund the foundation of the [new children’s] hospital to provide the necessary facilities to advance this beautiful tikkun olam project. Together with you, our generous donors, we truly are building Israel.”

This tagline – “Building Israel Together” – forms part of the new logo for JNF Canada. The change comes in part because, while JNF Canada continues in its environmental mission, it has become more involved in social infrastructure projects, such as youth centres, playgrounds and healthcare facilities. The current Negev campaign is the latest example of this shift: the treatment room is one of possibly two that JNF Canada will fund (depending how much the campaign raises), which are being constructed in the International Pediatric Cardiac Centre at Wolfson Medical Centre in Holon, Israel.

After Ethan Doctor, a King David High School student, sang O Canada, and Beth Hamidrash’s Rabbi Shlomo Gabay sang Hatikvah, Bernice Carmeli, JNF Pacific Region president, welcomed everyone to the virtual Negev event, which was emceed by JNF Pacific Region past president David Goldman.

Dr. Saul and Lindsay Isserow were honourary chairs of the evening. “Our family became aware of Save a Child’s Heart when my oldest daughter, Jenna, volunteered there one summer,” said Lindsay Isserow. The chance to support an Israeli organization that highlights the contributions Israel makes to the world and to the region is another reason the family was part of this event, said her husband, who specializes in preventive cardiology, among other areas. “The cardiology [aspect] is important to me, obviously, because this is something that’s treatable,” he said.

A video showed some of the work SACH has done – it has saved the lives of more than 5,400 children from 62 countries.

Co-campaign chairs Lana and Doug Pulver first visited Wolfson Medical Centre years ago. “I was moved by the way that this organization takes care of children from all over the world regardless of their background, regardless of where they come from, and ensures that their lives are saved,” said Lana Pulver, who was so taken with SACH that she joined its national board a few years ago.

“Each child that is saved is a whole world – and those worlds learn of the compassion of the Jewish people and the nation of Israel,” said Dr. Lior Sasson, lead surgeon at SACH, in his remarks and thanks.

The remainder of the evening was spent with David Shore, one of the producers of The Good Doctor and of House, interviewing Israeli TV show Fauda’s co-author, Avi Issacharoff, and actor Itzik Cohen, who plays the character of Captain Ayub (Gabi). They talked about many topics, including Fauda’s international popularity; how Cohen, a comedian who does musicals, got his (very serious) part as an interrogator; some of Issacharoff’s and Cohen’s favourite scenes; and, of course, SACH.

Ilan Pilo, executive director of JNF Pacific Region, wound up the program by thanking all those who made the event possible: the donors, the boards, staff and others.

After the Sept. 16 streaming, Pilo spoke with the Independent. About 250 people viewed the event over its three nights, he said, noting that it was just the first of two main parts to the local Negev campaign. The next is called Join Us in the JNF Virtual Sukkah, on Oct. 8, 7pm. “It is a Jewish cardiologist panel,” said Pilo. Isserow will spearhead that conversation, and the cardiologists on the panel with him are Drs. Arthur Dodek, Zach Laksman and Joshua Wenner. For more information and registration, visit jnf.ca/vancouver/campaigns/negev-campaign.

The annual Negev Dinner would have normally taken place in the spring or summer. Looking back to March, when COVID hit in full force, Pilo said, “We had plans, and then we were thinking about doing something in April or May, but we realized that people were not going to leave their homes and we had to reconsider our plans…. We had to do everything very quickly. In a month we had to put together an event. And it’s different. On the one hand, it’s in a way easier because you don’t have to serve dinner. On the other hand, you have to be very creative and prepare everything in advance for the online campaign.

“For instance, we have made videos of local young Vancouverites who had volunteered in the past for SACH,” he said. To do this, the former volunteers had to be tracked down and convinced to record themselves. “This way,” said Pilo, “they became part of the online campaign…. You need to get people’s attention and interest and this was a great way [to do that].”

He hoped that the Heart Stirring Negev events would inspire people to contribute to the SACH’s project, “a cause that brings so much pride to the Jewish people everywhere.” Donations are still being accepted at vannegevdinner.ca, 604-257-5155 and van@jnf.ca.

Louis Brier and the pandemic

The garden in the courtyard of the Louis Brier. (photo by David J. Litvak)

It hasn’t been easy for any of the staff and companions working at Dr. Irving and Phyliss Snider Campus for Jewish Seniors – which comprises the Louis Brier Home and Hospital and the Weinberg Residence – during the pandemic. Nor has it been easy for the residents and their families. However, seeing a 100-year-old Holocaust survivor happily walking down the hall or a beaming bubbe (who was born in Lithuania) wheeling herself from one end of the facility to the other, or another resident greeting everyone with a hearty “Aye Yai Yai,” I can’t help but smile. Despite the challenges, we have been lucky here, so far, to have escaped the worst of COVID-19.

My pandemic journey at the Louis Brier began in January, when I was hired on a permanent, part-time basis as a mashgiach (kosher supervisor) during an influenza outbreak that foreshadowed what lay ahead. I was hired to replace one of the Brier’s longtime mashgiachs – the facility employs two on a part-time basis – and I had big shoes to fill. The previous mashgiach not only provided kosher supervision in the kitchens but entertained residents with his piano playing, puppet shows and conducting of services in the Louis Brier synagogue on Saturday mornings and weekdays.

Being employed as a mashgiach at the Louis Brier during the pandemic has had many challenging moments – slicing meat and deboning turkey were particularly painful for me because I am a vegetarian, but, luckily, I am no longer required to perform those tasks. Anyways, prior to the pandemic, Shabbat services would be held on Saturday mornings, with a Kiddush lunch afterwards that featured herring, gefilte fish, pastries, challah and grape juice. It was a real highlight for the residents, particularly the lunch. However, due to the pandemic, the weekly services and special meal were canceled. In addition, the monthly Shabbat services that were led by Cantor Yaacov Orzech and the Kol Simcha Choir were canceled, as were Friday night services. It is only recently that Louis Brier chaplin Chazzan Rob Menes has resumed the Friday night services and, in response to a personal request from one of the residents, informal Saturday morning services have also returned.

photo - Chazzan Rob Menes sounding the shofar at the Weinberg Residence — Chazzan Rob Menes sounding the shofar at the Weinberg Residence. *(photo by David J. Litvak)*

On Rosh Hashanah, a full service for the residents was offered, thanks to Richard Wood and Adam Ben Dov, members of the Louis Brier’s religious committee, and Rabbi David Rosenfeld of Chabad, who sounded the shofar for the residents. Menes has been blowing the shofar every morning at the Louis Brier, as well as at the Weinberg Residence, on occasion. While no family members were able to join the services, Rosh Hashanah was celebrated, albeit in a low-key manner.

Other holidays that have occurred since the pandemic have also been observed quietly. Passover at both the Brier and Weinberg was particularly stressful, as kosher-for-Passover products that would normally be available could not be ordered. The facility’s food services manager valiantly persevered to make sure people were provided kosher food during the holiday, however, and the other mashgiach and I – with the help of Rabbi Mendy Feigelstock and Schneur Feigelstock of Kosher Check – worked to keep the home kosher and chametz free. It wasn’t easy. It was a subdued Passover in another way, because the seders at the Weinberg were canceled to ensure that the residents were kept safe from the virus.

That has been the underlying principle since the pandemic began – keeping residents safe. From the outset in March, the Louis Brier’s chief executive officer, David Keselman, has shown foresight. For example, he canceled the annual Purim Megillah reading and Purim parties, which would have taken place just as the coronavirus was taking off.

In addition, from the outset of the outbreak, companions and other employees at the Louis Brier have been prohibited from working at more than one job. These decisions and the dedication of the staff and administration ensured the safety of the residents. Not one resident of the Louis Brier or the Weinberg Residence has contracted the virus.

To show his appreciation of the job that has been done at the Louis Brier, one resident, a fellow North End Winnipegger, nominated the administration for the Order of British Columbia, the Order of Canada and the Nobel Peace Prize. The resident, who started the badminton club at the home and maintains a tulip garden in its courtyard – the only outdoor space residents have been able to go for fresh air during the pandemic – marveled at how lucky he and other residents are. In the Daily Blah, a newsletter he published, he noted: “The Louis Brier does not have the virus, has a beautiful garden and we can play badminton.”

While it is true that the residents have been physically safe and have not contracted the virus, the pandemic has taken a psychological toll on everyone in the building. Until recently, due to provincial prohibitions, residents were not allowed outside visitors, other than seeing loved ones through the glass of the front lobby, and talking to them on their cellphones. Now, residents are allowed to have scheduled visits with loved ones outside the front entrance of the Louis Brier and outside the Weinberg, as well. It is a small victory that will hopefully boost the morale of the residents.

As for me, I just keep thinking of 100-year-old Louis Brier resident who tells me that, as long as he can eat, talk and walk, it’s a good day! The resilience of residents like him reminds me to always be grateful for the basic things in life.

David J. Litvak is a prairie refugee from the North End of Winnipeg who is a freelance writer, former Voice of Peace and Co-op Radio broadcaster and an “accidental publicist.” His articles have been published in the Forward, Globe and Mail and Seattle Post-Intelligencer. His website is cascadiapublicity.com.

JSA adapts to the times

The Jewish Seniors Alliance of Greater Vancouver held its annual general meeting on Sept. 10 via Zoom. Because of the pandemic, we were unable to have our usual format – the AGM followed by a gala dinner and the honouring of three volunteers, nominated by the seniors organizations with whom they work. In spite of these obstacles, we succeeded in holding a meeting that dealt with our ongoing activities and resolutions for our future. More than 50 supporters attended online.

JSA’s co-president, Gyda Chud, focused her remarks on the hard work of the peer support program volunteers, who have been putting in extra time, contacting their clients by phone several times a week. She thanked Grace Hann and Charles Leibovitch for their support of the volunteers during these demanding times. And she also thanked the rest of the JSA staff: Liz Azeroual, executive administrator; Rita Propp, administrative assistant; Jenn Propp, graphic designer and webmaster; and Wendy Lo, bookkeeper. She mentioned two new staff members – Margot Beauchamp, quality assurance liaison, and Rochelle Garfinkel, donor relations and philanthropy – and asked for a minute of silence to remember the members and supporters who had passed away over the last year.

JSA co-president Larry Shapiro explained how the formal part of the meeting would be conducted, with the use of the chat line and voting via on-screen polling. The minutes from JSA’s 2019 AGM were approved as well as the agenda for the 2020 meeting.

JSA’s financial statements were presented by treasurer Alan Marchant, then Shapiro gave a short president’s report. In it, he commented on the harmony of working with Chud, and also with the board members of JSA. He emphasized the importance of the peer support program and its work with lonely and isolated seniors. He expressed the hope that JSA’s finances would enable us to continue training and supporting the volunteers, and he urged everyone to stay in touch and to read Senior Line magazine.

Tony DuMoulin, who is in charge of governance issues, presented a special resolution for a change to the constitution. This involved removing the word “Jewish” in the section saying that JSA works with Jewish seniors, since it interacts with all seniors. He emphasized that the name of the organization, Jewish Seniors Alliance, would remain the same, and, after some discussion, the resolution was approved with 82% support.

Next, DuMoulin proposed a special resolution to change a number of the bylaws – that all donors automatically become members; meetings may be held electronically; officers would be elected by the board not by the members; and an extended term for members. These changes were approved by 88%.

Shapiro thanked DuMoulin for all his work on the bylaws, while Ken Levitt, head of the nominations committee, thanked Larry Meyer and Pam Ottem, who are retiring from the board, for their years of work on behalf of JSA. He moved that the number of directors on the board be changed from 20 to 21 and this was passed by 97%. He read out the nominations for the upcoming board and these were passed by acclamation.

Various committee chairs reported next, and these reports are available on the JSA website. The highlights include the following:

Peer support services chair Rita Roling, who is taking over from Ottem, noted that they are presently handling 100 cases and would like to increase the service.

Lyle Pullan, membership, stated that JSA has 517 members and 102 life members. He believes that many of the new members came as a result of reading Senior Line. He said new members should be listed in the magazine as an incentive.

Serge Haber reported on fundraising, including the fact that JSA has a contract with Vancouver Coastal Health for $70,000 annually to stabilize the organization. And I reported for the program committee, which is planning a fall forum for November and an Empowerment Series event in October, to be held via Zoom.

Senior Line editor Dolores Luber thanked Jenn Propp for her graphic design and collaboration, as well as the members of the editorial committee. The July issue of the magazine was different, as there had been no public events and nothing to review, but it was full and informative.

DuMoulin spoke on behalf of the advocacy committee, which has established collaboration with COSCO and anti-poverty groups. They have approached the provincial government about making the enhanced flu shot free for seniors. They want the government to make improvements in long-term care homes, increase pensions and the number of free Lifeline pendants available for low-income seniors.

After a short video showing the work of the peer support program, Haber thanked an anonymous donor, who has been giving $25,000 annually for the past five years, for helping JSA in its mission of outreach, advocacy and peer support for seniors.

Shapiro adjourned the meeting.

Shanie Levin is an executive board member of Jewish Seniors Alliance and on the editorial board of Senior Line magazine.

Riders raise funds for STEM

In back, left to right, are Marshal Stern and Mel Moss. In the front are, left to right, some members of the ORT committee: Marie Doduck, Mary Tobin, Bess Hirsch, Lane Stein and Beverly Pinsky. (photo from ORT Vancouver)

photo - Left to right, event co-chairs Mel Moss, representing ORT, and Jeff Topp, representing Richmond Jewish Day School — Left to right, event co-chairs Mel Moss, representing ORT, and Jeff Topp, representing Richmond Jewish Day School. *(photo from ORT Vancouver)*

ORT Vancouver and Richmond Jewish Day School co-sponsored the Aug. 23 Ride for STEM (science, technology, engineering, math). They are the first Vancouver Jewish organizations to hold such an event and the donated funds are designated to students so that they have the opportunities that arise from the knowledge and skills that STEM education can provide.

ORT’s goal is to bridge the gap between ability and opportunity by providing state-of-the-art education both locally and around the world. World ORT reaches 300,000 children who benefit from STEM education in 37 countries, including here in Canada.