David Matas

Sar-El faces a legal challenge

The Canadian arm of an Israeli organization that provides volunteers for the Israel Defence Forces (IDF) is facing a legal challenge to show that it does not violate Canadian law.

Sar-El Canada is slated to go to court in Toronto on Nov. 23 to argue that it does not violate 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.”

Sar-El Canada sends 100 to 150 volunteers a year from this country to Israel, the group’s national president, Jeff Sarfin, told the CJN. He said the organization had received nothing in writing about the legal challenge, and would issue a statement when it does.

Sarfin said those behind the legal challenge “are well-known anti-Israel activists known to cause trouble” and that “we consider this a non-issue.”

The case is the latest salvo from David Mivasair, a Hamilton, Ont.-based rabbi with a long history of activism targeting Israel, who called Vancouver home for many years.

Mivasair is joined on the private prosecution by Rehab Nazzal, a Palestinian-born, Toronto-based artist who was shot in the leg in Bethlehem in 2015 while photographing an IDF “skunk” truck, a non-lethal weapon used for crowd control.

A statement issued Sept. 28, by lawyer John Philpot, claimed that Sar-El Canada “acted as an intermediary to recruit or induce individuals to volunteer in a non-combatant role with the Israeli military. It is further alleged that, once in Israel, volunteers would reside on military bases, wear military uniforms and complete tasks that would otherwise be assigned to soldiers. These tasks allegedly included (but were not limited to) packing food rations or medical kits, cleaning tanks, painting helmets, radio repairs, and gas mask refurbishment.”

On Sept. 22, a justice of the peace approved a private prosecution against Sar-El, compelling the organization to appear in court in November.

“This will be only a first appearance, and there are a number of preliminary stages that the case will need to pass through before a trial date can be scheduled,” Shane Martinez, one of the lawyers representing Mivasair and Nazzal, told the CJN.

Recruiting in Canada for volunteers to assist the Israeli military “ought to be a concern of all Canadians,” Mivasair stated in a press release. He said the matter was brought to the attention of the federal government and the Toronto Police Service and “they both failed to act. We felt obliged to bring this prosecution as a civic duty to ensure respect for the rule of law.”

None of the allegations have been tested in court.

According to the Ontario courts’ website, a private prosecution is a legal process in which a person who has reasonable grounds to believe that someone has committed a criminal offence seeks to have the person charged and brought to court. The Foreign Enlistment Act is not part of the Criminal Code but criminal proceedings arising from it are “subject to and governed by the Criminal Code.” The act sanctions fines and imprisonment for those found guilty.

Sar-El Canada’s parent organization in Israel was established 40 years ago. Sar-El (a Hebrew acronym for “Service for Israel”) was originally set up to provide volunteer labour to farmers who were called up for military service, so their crops wouldn’t fail.

Sar-El operates in more than 30 countries and has to date sent some 160,000 volunteers to Israel to provide “broad logistical support to the IDF,” its website says. Volunteering takes place on IDF bases throughout Israel.

According to Sar-El, programs offer volunteers an opportunity to live and work beside Israeli soldiers and gain an insider view of Israel. Working alongside soldiers and base employees, the “non-combat civilian support duties” encompass packing medical supplies, repairing machinery and equipment; and cleaning, painting and maintaining the base.

The Sar-El program “is a morale booster and motivator for the soldiers,” the group’s website states.

David Matas, senior legal counsel for B’nai Brith Canada, said there “is no particular reason” the complainants in the Sar-El case should bring the matter forward. Typically, victims begin a private prosecution because they feel they have been ignored or turned away by police or the Crown.

The complainants in this case “do not identify as victims of any particular act of Sar-El volunteers. None of them personally claims to have suffered a loss as a result of what a Sar-El volunteer has done.”

The Foreign Enlistment Act, meantime, does not intend to include those who are not members of the armed forces. Sar-El volunteers “do not become members of the Israel Defence Forces [and] do not enlist in the Israel Defence Forces,” Matas told the CJN. “They are non-member support for the forces.”

Matas said the Crown can intervene in a private prosecution to stay a case, and that it would be “appropriate” for that to happen in this matter.

He pointed out that Ukraine has openly called for soldiers from around the world to join the fight against Russia. Oleskandr Shevchenko, Ukraine’s consul general in Toronto, told the National Post that “hundreds” of Canadians got in touch to offer assistance.

Allowing the Sar-El prosecution to proceed “would create an arbitrary situation where help for Israel is prosecuted and help for other states under armed threat is not,” Matas said.

In a related recent development, Canada’s justice ministry dismissed a petition that had called on the Liberal government to prosecute those who recruit and encourage recruiting for the IDF.

The petition singled out the Israeli consulate in Toronto, which had advertised “on several occasions an IDF representative available for personal appointments for those wishing to join the IDF, not just those who are required to do mandatory service.”

The petition was initiated by Mivasair and presented to the House of Commons in August 2021 by Hamilton NDP MP Matthew Green, but it died on the order paper when Parliament was dissolved for the federal election that followed.

Green reintroduced the petition this past June. On Sept. 22, the justice ministry replied that responsibility for the investigation and prosecution of offences under the Foreign Enlistment Act “rests with independent law enforcement and prosecution services.”

The campaign against the IDF’s recruitment of non-Israeli citizens in Canada began two years ago when several groups and some 170 prominent Canadians asked justice minister David Lametti to investigate the issue.

Israel’s Toronto consulate decried the action as part of a campaign “that attempts to smear the state of Israel and undermine [its] steadfast alliance with Canada.”

Israel’s consulate in Montreal at the time noted that consular services it provides are reserved for Israeli citizens and do not apply to non-Israelis who volunteer for the IDF.

At a news conference in October 2020, Lametti said Israeli diplomats serving in Canada “must follow Canadian law.” He referred the matter to the RCMP, which did not return calls and emails from the CJN seeking an update on the file.

Last year, Mivasair and Palestinian activist Khaled Mouammar asked the Canada Revenue Agency to investigate the Toronto-based Canadian Zionist Cultural Association for allegedly supporting the IDF.

Last May, following Israel’s brief war with Gaza, Mivasair was charged with one count of mischief after red paint, meant to symbolize Palestinian blood shed, was dumped onto the steps of the building housing Israel’s Toronto consulate. The charge was withdrawn in January.

– For more national Jewish news, visit thecjn.ca

New Jewish law group

Renowned lawyer and human right activist David Matas is being honoured by B’nai Brith Canada, as the organization launches the Matas Law Society.

Matas, who is based in Winnipeg, has long served as B’nai Brith Canada’s senior legal counsel, working closely with B’nai Brith for more than 30 years. He has his own private practise and, among other recognitions for his work, has been appointed a Member of the Order of Canada.

The new society is set to be a primary hub for Jewish members of Canada’s legal community. For now, while COVID restrictions remain, all events will be held virtually, with any Jewish lawyer, paralegal and law student able to join and participate from any location.

“David is doing so many wonderful things all of the time,” said Michael Mostyn, chief executive officer of B’nai Brith Canada. “He really personifies to me what a human rights advocate should be.”

photo - Michael Mostyn, chief executive officer of B’nai Brith Canada — Michael Mostyn, chief executive officer of B’nai Brith Canada. *(photo from B’nai Brith Canada)*

According to Mostyn, “There is a rich history of Jewish law societies in Canada. They are great, established societies. Currently, there’s one in Ottawa and one in Montreal. There used to be one in Toronto, but it closed down decades ago, essentially because the need was no longer there.

“As friends and advocates in the community, we were hearing a lot from the legal community about the need for an activist law society. So, the idea has been brewing for the last number of years. We already have a very strong advocacy program, government relations program and communications program. We wanted to create this law society as a forum for lawyers to get together, network and get some continuing education. It’s also a way for us to give back to the community, for those who care about the fight against antisemitism, racism, and the fight for human rights.”

The society will operate as a subcommittee of B’nai Brith Canada’s League for Human Rights, with news to come of scheduled activities and ways that legal professionals can get involved. Law students can join for free, and the annual cost for legal professionals is $250.

“It’s as easy as, if you’re a law student, paralegal or lawyer and you’re interested in advancing your own career and want to make a difference for the community, you just sign up on the website,” said Mostyn. “Then, you’d be put onto the email list … and, as soon as we will be publicly announcing any activities, those will also be reflected on the website.”

photo - B’nai Brith Canada has launched a new law society, named in honour of lawyer and human rights activist David Matas — B’nai Brith Canada has launched a new law society, named in honour of lawyer and human rights activist David Matas. *(photo from B’nai Brith Canada)*

“The time when it was first mentioned to me, it wasn’t mentioned to me as something that would be named after me,” Matas told the Independent. “It was mentioned as a way of getting lawyers involved … [in] legal-specific work related to B’nai Brith.

“There are a lot of legal issues that do arise. In fact, today, I put in an application for an intervention document. It’s a case about Mike Ward. He’s a comedian in Quebec who went after a handicapped guy in the audience in his comic routine.

“The person who was the target of this comic routine complained to the Quebec Human Rights Commission, successfully,” said Matas.

The case is now before the Supreme Court of Canada. “And we applied at B’nai Brith for interveners’ status, based on the experience of Dieudonné M’bala M’bala, who’s a French comedian who has used his comic routine to attack the Jewish community and has been fined many times … and has gone to court many times in France, Belgium and Switzerland. There’s even a European Court of Human Rights judgment on him. So, I suggested we intervene, and B’nai Brith agreed. We applied for intervention status and we got it.”

While Matas enjoys volunteering with B’nai Brith, he will not be able to do so indefinitely, and would love to get some help sharing the workload.

“Obviously, when you’re dealing with a volunteer organization, you want to get as many people involved as possible,” said Matas. “Not just to spread the load, but also you want to get more people aware, committed and involved. Advocacy can’t just be advocacy of one person; it’s not going to carry much weight. It needs to be as many people as possible.”

Mostyn is working on getting accreditation for the society’s seminars, as he and Matas hope that the continuing education component of the law society will help bring together a number of law students, who will eventually go out and work in the field and fuel change.

The society has been launched and many students have already signed up, said Mostyn.

As for what specializations in law those wanting to join the society may want to possess, Matas suggested “discrimination, equality and international law … also, libel law, which is very different from equality law or international law … or we have things about charities, tax and corporations. There are a wide variety of legal issues that come up.

“There’s a lot, in terms of advancements of rights, that occurs through the courts and also through parliaments and legislatures. Legal work isn’t only doing court work. It’s also sometimes advocating changes to law. You need, of course, a public component for that. That may not be lawyers, but often requires some legal expertise to point out the depths of the law and so on. I’d say there’s a real need here and I think it’s a welcome addition to the work that B’nai Brith is doing to add this.

“It’s also a great opportunity for lawyers to contribute and use their skills,” added Matas. “They can talk to each other in a way where everybody knows what they’re talking about.”

Rebeca Kuropatwa is a Winnipeg freelance writer.

Jewish groups’ M-103 advice

Left to right, MP David Sweet, MP Michael Levitt, CIJA chief executive officer Shimon Koffler Fogel, MP Scott Reid and MP David Anderson pose for a photo during the House of Commons Standing Committee on Canadian Heritage hearings on M-103 on Oct. 18. (photo from CIJA)

Jewish groups were in Ottawa on Oct. 18 to testify in front of the House of Commons Standing Committee on Canadian Heritage, which will make policy recommendations on M-103, a motion that condemns “Islamophobia and all forms of systemic racism and religious discrimination.”

Leaders of the Centre for Israel and Jewish Affairs (CIJA) and B’nai Brith Canada drew on the Jewish community’s experience with fighting antisemitism in their recommendations on how to maximize the motion’s efficacy.

In his testimony, CIJA chief executive officer Shimon Koffler Fogel pointed to statistics that showed Jews are the most targeted religious minority in the country.

“Nationally, there were 54 hate crimes targeting Jews per 100,000 individuals in 2015. While this number is relatively consistent with previous years, there was an increase in hate incidents targeting other minority communities, including the Muslim community. In fact, Muslims were the next most targeted group, with 15 incidents per 100,000 individuals,” Fogel said. “I mention these numbers not to showcase Jewish victimhood, but rather to demonstrate the very real experience our community has in grappling with the issues this committee is studying.”

B’nai Brith Canada chief executive officer Michael Mostyn recommended that the motion be constructed so that it will be “embraced broadly by all Canadians” and by “communities that are the targets of racism and discrimination, including Canadian Jews, who continue to be the target of antisemitism.”

Mostyn said the bill must not diminish “the threat to Canadians of all faith communities who face racism and religious discrimination and it must not suggest that one form of racism or religious discrimination is more threatening, or of greater priority, than another.”

Among Fogel’s recommendations was that the committee work to improve on the collection and publication of hate crime data, as it currently varies widely by police department.

He said statistics from the Greater Toronto Area – including Peel Region, Toronto and York Region – are readily available, “but even with these three neighbouring jurisdictions, each report provides different information, making direct comparisons sometimes difficult.”

He added that there are cities, such as Montreal, that don’t release data about which identifiable groups are being targeted, leaving policymakers with incomplete information.

Fogel said it’s important to properly define hate, as we “can’t effectively fight bigotry and hatred without precisely defining it. The term ‘Islamophobia’ has been defined in multiple ways, some effective and some problematic. Unfortunately, it has become a lightning rod for controversy, distracting from other important issues at hand.”

Fogel used the Islamic Heritage Month Guidebook, which was issued by the Toronto District School Board earlier this month and contains a definition of Islamophobia that includes “dislike toward Islamic politics or culture,” as an example.

“Muslims can be protected from hate without restricting critique of Islamist political ideologies,” Fogel said.

Mostyn agreed that the committee should “exercise great care in any definition of Islamophobia” because, if the definition is vague or imprecise, it can be “hijacked and only inflame tensions between and among faith communities in Canada.”

Mostyn said an imbalance can create “the impression that Canadian Muslims are the only victims of hate crimes. We are just as concerned with the source of hate crimes targeting Canadian Jews from within radical elements of the Muslim community.”

Fogel also recommended that greater and more consistent enforcement of existing laws is needed. “Recently, the attorney general of Quebec decided not to lay charges in a case of an imam in Montreal who had called for the murder of Jews. Quebec’s attorney general also declined to pursue a second charge of genocide promotion. This decision sent a message that someone can call for the death of an entire group of people without consequence,” he said, adding that the federal government should train police and prosecutors to better enforce the existing Criminal Code hate speech provisions and provide resources for the development of more local hate crime units.

In his testimony, David Matas, B’nai Brith Canada’s senior legal counsel, argued that some fear of radical Islam is rational.

“Adherents to some components of Islam preach hatred and terrorism, incite to hatred and terrorism and engage in hate-motivated acts and terrorist crimes,” Matas said. “What the committee, we suggest, can usefully do is propose criteria, with illustrative examples, which can guide those directly involved in the combat against the threat and acts of hatred and terror coming from Islamic radicals.”

Matas called on the committee to “focus both on those victimized by Islamophobia and on the incitement and acts of hatred and terrorism, which come from within elements of the Islamic community.”

In his remarks, Fogel also referred to the passing of Bill C-305 – a private member’s bill that would expand penalties for hate crimes against schools and community centres associated with identifiable groups – which had its third reading on Oct. 18.

“CIJA has long advocated for the changes contained in Bill C-305,” Fogel said. “C-305 is a clear example of how elected officials can work together, in a non-partisan spirit, to make a practical difference in protecting vulnerable minorities.”

CIJA chair David Cape said, “CIJA remains grateful for the tireless efforts of MP Chandra Arya, who has committed his time and energy to strengthening hate crime protections. As we celebrate Canada’s 150th anniversary, we’re reminded that the safety of at-risk communities is essential for a healthy, vibrant country. Criminals who target Jews or other minorities don’t distinguish between houses of worship, community centres and schools – neither should the law.”

– For more national Jewish news, visit cjnews.com

A peek at LimmudVan’16

Eve Jochnowitz (photo from Limmud Vancouver)

Limmud Vancouver, a now-annual festival of Jewish learning, takes place Jan. 30 and 31. The “pan-denominational” event includes seminars, lectures, workshops and discussions on a diverse array of topics. This week and next, the Independent features a few of the presenters who will participate in the local version of the international phenomenon that has now reached more than 60 Jewish communities worldwide.

A national fish story

Eve Jochnowitz calls gefilte fish the national dish of the Ashkenazi Jewish people.

“Wherever you have Ashkenazic Jews, you have the Yiddish language and you have gefilte fish,” she said. “It’s like DNA. It’s in many different permutations and incarnations, but the gefilte fish pretty much goes wherever the Yiddish-speaking Jews go.”

A culinary ethnographer who hosts a Yiddish-language cooking show, Jochnowitz doesn’t want to tip her hand too much in advance of her presentation here this month.

“Let’s just say there are some very surprising variations on gefilte fish out there and let’s just say that the Ashkenazic Jews will come up with ingenious ways to have gefilte fish in the most unexpected situations,” she said in a phone interview from her New York home.

If there are so many variations, then what, at root, defines geflite fish?

“Usually it is made of freshwater fish; in Eastern Europe, most frequently carp, pike and whitefish,” she said. “The more carp there is, the more dark and the more fishy, more flavorful, it is. Some people like it to be more fishy, some people like it to be almost a tofu substitute with the fishiness very understated and the gefilte fish itself being more of a base for some horseradish or egg sauce or whatever it is you choose to put on your gefilte fish.”

It may or may not have matzah meal, it may or may not have sugar, she said.

“This is another very controversial issue with gefilte fish – should it be sweetened or salted or both?” she said. The term itself means “stuffed fish,” but stuffing a fish is very difficult and labor-intensive, so “most gefilte fish is not gefilte.”

Although she is a gefilte fish maven, Jochnowitz stressed that Ashkenazi food is not limited to the familiar.

“Yiddish food is a universe,” she said. “There is much more to Yiddish food and Yiddish cooking than just challah and kugel.”

Her other presentation at Limmud will focus on the little-known phenomenon of Jewish vegetarian cookbooks of the late 19th and early 20th centuries.

Two sides to the story

David Matas, a noted human rights lawyer who represents the organization Justice for Jews from Arab Countries, says the world needs to recognize that Palestinians are not the only refugee population that emerged from the war of 1948-49.

photo - David Matas — David Matas *(photo from Limmud Vancouver)*

“What we see is two refugee populations that were generated as a result of the Arab invasion to stop the creation of Israel,” he said. “The Jewish population is, in fact, more numerous than the Palestinian.”

The United Nations, with a few exceptions, has been concerned about the Arab refugees from that time, but not the Jewish ones who were forced from their native lands across North Africa and the Middle East, he said. Israel has also not taken a strong lead on the issue until recently, he added.

“Israel, on the whole, has not been a great advocate on this issue historically because there has been the Zionist mythos that people wanted to come to Israel rather than the fact that they came because they were refugees,” he said. “It’s only recently that Israel has itself adopted this position that these people are a refugee population and should be treated in any overall refugee settlement.”

There is also the fact that Jewish refugees have been given citizenship in Israel or other countries, while the Palestinian populations have largely remained stateless.

“The Arab population mostly has not been resettled and, in fact, they’ve grown because their descendants have been classified as refugees,” Matas said. “They’ve remained as a perpetual refugee population. There’s been an attempt to keep this population as a refugee population, as an argument for the destruction of the state of Israel.”

Matas and his organization believe both refugee groups should receive justice. Most likely, he said, a resolution might involve a compensation fund that wouldn’t necessarily come from Israel or the Arab states, but possibly from the United States or third parties willing to facilitate a larger peace settlement.

“That compensation fund would be available to people who were victimized from both refugee populations, as well as their descendants, or something like that,” he said. The idea of compensation for massive human rights violations is not new. “There’s been lots of experience with the Holocaust, amongst other [cases]. You’ve got a kind of jurisprudence and experience to draw on in order to make these programs work.”

While some commentators contend that the refugee issue can wait until later stages of any negotiated settlement, Matas disagrees.

“I think it’s important to bring it in at this stage of the negotiations,” he said. “This Palestinian notion that we are the refugees and the Jews aren’t plays into this false narrative there’s only one victim population when in fact there are two.”

A Polish journey

Jewish Canadians often travel to Poland in search of their family’s roots or as an exercise in history. Norman Ravvin travels there frequently, but he is as focused on the present as on the past.

photo - Norman Ravvin — Norman Ravvin *(photo from Limmud Vancouver)*

“You can visit Poland on different terms,” said the Montreal academic and author. He will lead a session on traveling Poland that focuses on the major cities of Warsaw, Kraków, Lodz and Poznan, as well as his maternal ancestors’ hometown of Radzanow.

“The overall depiction will be of Poland as a place that is alive and contemporary,” he said. “Aspects of that are related to Jewish memory and parts of it have to do with contemporary Polish life and then the way that one feels as you go back to the ancestral place.”

Things are changing fast in Poland, Ravvin said. The end of communism, the integration into the European Union and the general march of time means things have altered significantly since Ravvin first toured there in 1999. One area of progress relates to Jewish and war-era history.

“In the last 25 years, they’ve become very effective at commemorating Jewish prewar life,” he said. “If you had traveled to Poland in 2000, this wouldn’t necessarily have appeared to be true, but now certainly it is true and, when you walk in Warsaw, the sidewalks are marked with these remarkable inlays which say this was the ghetto wall, so that you step over it and you actually feel that you understand the prewar and the wartime city and now the postwar city.”

Some of the efforts, he speculates, are for the purposes of tourism, but he also acknowledges Polish efforts at education.

“They’re doing a reasonable job of confronting how to live with the shadows of the past,” he said.

Ravvin’s mother’s family fled Radzanow in 1935 and all those left behind were murdered. The family made their way to Canada, eventually to Vancouver, where Ravvin’s grandfather, Yehuda-Yosef Eisenstein, was a shochet (kosher slaughterer).

Ravvin welcomes people to bring their own family history to his presentation.

“If they’re carrying their own version of this story,” he said, “they might warm that up in their minds, their own families’ Polish past, what they know about it, what they wish they knew, if they’ve gone, whether they might go, so that the possibility is the thing they’re considering and then maybe my talk will change the way they think about that.”

For this year’s Limmud schedule, visit limmudvancouver.ca.

Refugee system doesn’t work

According to David Matas, former president of Canadian Council of Refugees (CCR), changes that have been made to this country’s refugee system within the last few years have made it more difficult to sponsor refugees.

photo - David Matas is a vocal proponent of changing Canada’s immigration system — David Matas is a vocal proponent of changing Canada’s immigration system. *(photo from David Matas)*

“We set up a sponsorship system in ’78 and it was used in ’79 and ’80 and years around there to bring in the Vietnamese refugees,” said Matas. With the different sponsorship programs developed over the years, mixed with the growing willingness of people to sponsor, visa offices no longer have the capacity to process the amount of sponsorship applications, he said.

“The response of the government, in my view, should have been to increase the resources to match the sponsorship need, but that’s not what happened,” he said. “Instead, what they did is put visa caps on the offices with the biggest numbers, as well as an overall local cap for private sponsorship through sponsorship agreement holders. Then, they divided the global cap amongst the sponsorship agreement holders.”

According to Citizenship and Immigration Canada, “A group of five (G5) is five or more Canadian citizens or permanent residents who have arranged to sponsor a refugee living abroad to come to Canada. All of the group members must be at least 18 years of age and live or have representatives in the area where the refugee will settle.

“The group must agree to give emotional and financial support to the refugee(s) for the full sponsorship period – usually one year.”

They couldn’t cap the G5 applications in the same way as the other, so what they did instead, said Matas, “was insist that anybody who sponsored through group of five had to get prior approval … through the office of the United Nations High Commissioner for Refugees, which is much more overwhelmed and under-funded than the Canadian government.”

The CIC website explains that, effective Oct. 19, 2012, “a G5 may only sponsor applicants who are recognized as refugees by either the United Nations Refugee Agency (UNHCR) or a foreign state, unless you are applying to sponsor a Syrian or Iraqi refugee.”

According to Matas, the caps made the lines longer, forcing people to reapply year after year, making it so that anybody who applied had to wait years before sponsorship came through.

“But, obviously when you’re dealing with refugee people marching across Europe, they can’t wait years,” he said. “And, what’s more, there is a direct connection between people leaving and the failure of the sponsorship. Because, if people know they’re putting in an application and, if they hang around, it will succeed, they’ll stay. But, if it’s going to take five or 10 years, there is no point in waiting.

“So, there’s a direct connection between this exodus that we’re seeing now, the failure of the Canadian sponsorship scheme and the absence of any European sponsorship schemes.”

Matas believes that if we had kept our Canadian sponsorship scheme as it was, then we could have advised Europe to do the same and, if Europe had agreed, all this mass migration could have been avoided.

Recent turmoil has simply shined a spotlight on the issue. “It’s just like water pressing against a dam,” said Matas. “In the beginning, it doesn’t have any impact. It’s only when it breaks, or the water overflows the dam, that you notice the dam isn’t working or that the dam is a problem.”

The current situation does not come as a big surprise to him, with visa offices being “under water” for years. But, instead of giving them more “air” (staff), they were further strained by the capping system, which artificially controlled the number of refugees going through the system, regardless of need.

“With the failure of the Canadian system, there wasn’t a picture to show the Europeans how it is done and ask them to do the same,” said Matas. Instead, “We have a system that collapsed. Well, not completely, but it ceased to be functional.”

According to Matas, the caps need to be removed and the system resources increased “to match the private sponsorship, so we don’t have the generosity of Canadians being frustrated.”

In early September, Matas spoke at a public rally about refugees organized by the Kurdish community of Winnipeg.

“The refugee sponsorship and resettlement community has been against these changes from the first minute they were discussed,” he said. “I am not presenting a new idea here. I’m reiterating a stand that has been taken many times in the past by the refugee support, resettlement, integration [and] advocacy community.”

The topic became an election issue, with candidates talking in terms of numbers – but not in terms of fixing the mechanics of the system. However, said Matas, “Presumably, with the numbers will go the capacity to process them.”

While many of the refugees arriving in Europe are Syrian, many are not, said Matas. “While the situation in Syria is terrible, it’s not the only place in the world that’s terrible,” he said.

About the Canadian government’s decision to not have Canadian visa officers apply the UN refugee definition to 10,000 Syrians, thereby allowing these 10,000 to enter Canada on a first-come, first-served basis, Matas said, “The government, with the recent announcement, did nothing to fix the system,” said Matas. “Rather, it acknowledged, indirectly, its failure, by deciding not to apply it to 10,000 random Syrians who may or may not be refugees. As far as I am concerned, that is not much of a response to the global refugee crisis or even, for that matter, the Syrian one.”

Rebeca Kuropatwa is a Winnipeg freelance writer.

Human rights at fore

One would be hard-pressed to find anyone involved in human rights around the world who has not heard of David Matas.

A Winnipeg-based lawyer, Matas has helped countless victims of human rights violations, and written or co-written numerous books on various atrocities in an endeavor to shed light on them and educate the general public about them. In his latest publication, he aims to explain why he has chosen the work that he has, in the hope of motivating others to get involved in human rights advocacy and create change. Why Did You Do That? The Autobiography of a Human Rights Advocate (Seraphim Editions, June 2015) is his first autobiography.

Matas was moved to pursue a career in refugee, immigration and international human rights law for a number of reasons.

“I started doing it because different people asked me to do it, including people at the law firm,” he explained in an interview. “It’s also something I’m interested in, because I’m interested in politics and human rights. So, I’d say, it was a coincidence of an opportunity to do the work and an interest in it that got me into it.”

Matas had refugees from around the world coming through his doors every day, seeking help. “My immediate effort was to try to get them protection, but the ultimate solution to their problems was the ending of the human rights violations that caused them to flee,” he said. “I felt trying to help them in some sort of systemic way, that I should be directed to that as well.”

Around this time, Matas also ran as a candidate in the federal election for the Liberal party (in 1979, 1980 and 1984) and B’nai Brith Canada approached him, requesting that he chair the local BBC League for Human Rights, largely because of the profile he had developed through his candidacies.

“But, again,” said Matas, “it’s something that, once I got into it, struck a chord of response in me. I got interested in it, involved much more, given the opportunity, because of the resonance it had with me.”

Also around that time, Kenneth Narvey – someone Matas knew from university – was scheduled for a speaking engagement in Manitoba on war-crime issues. Unsure if he would be able to make it, Narvey asked Matas if he would be willing to substitute for him, which Matas agreed to do. As it happened, Narvey ended up being able to attend the lecture, which gave him the opportunity to hear Matas speak and, Matas said, “He [Narvey] really liked it.

“At this time, Irwin Cotler had just become president of the Canadian Jewish Congress [CJC]. Irwin had appointed a chair for a war-crimes committee, as he wanted to do something about the issue himself, and the chair had resigned.”

Narvey lobbied Cotler to have Matas appointed as chair, and Cotler did just that. “So, I got involved in that issue, too, again sort of by coincidence or circumstance,” said Matas.

Another chance encounter was with Harry Schachter, a friend of Matas’ who was involved with Amnesty International, which had been holding meetings throughout the country. Through Schachter, Matas became involved with Amnesty International, which fit well with everything else he was doing.

“The combination of these events, more or less all at the same time, is what really got me into human rights in a very systemic and wholehearted way,” said Matas.

The Holocaust also influenced Matas’ life path. “I, personally, wasn’t affected by the Holocaust, my family wasn’t,” he said. “But, it just struck me. I thought, from an early age, that if the Axis rather than the Allied powers had won World War Two, I nor any other Jewish person would be alive today.”

He explained, “Generally, what I’ve been trying to do is learn the lessons of the Holocaust and act on them, which I saw as protecting refugees, bringing war criminals to justice, combating hate speech and protesting human rights violations around the world wherever one may find them. So, I’ve been trying to act on those four fronts simultaneously throughout my career.”

In his previous books, Matas has focused on specific atrocities or topics related to human rights – from hate speech, to trying to bring Nazi war criminals to justice, to humans rights violations, to refugees, to organ harvesting, and other topics. His autobiography was launched on June 9 at McNally Robinson Booksellers in Winnipeg.

“I go through the various issues I’ve been involved in and explain why I’ve been involved with them, issue by issue,” said Matas about Why Did You Do That? “There’s a chapter on refugees, so I explain what I did in terms of trying to help refugees. And then the rest is why people should help refugees, why everybody should do it. That’s the way it’s structured, chapter by chapter.”

For Matas, this book is a way for him to answer the most frequent question he is asked, “Why are you doing this?”

“I would say the 20th century was a century of genocide,” said Matas. “It wasn’t just the Holocaust. There was one genocide after another. My hope is we will be better, but I don’t think that it comes from hope. It comes from action. So, I’m trying to mobilize people to make things better, so we don’t repeat in the 21st century the vast array of tragedies we saw.”

In Matas’ view, people tend to focus on the problems immediately in front of them.

“People will get really worked up if their neighbor doesn’t mow their lawn, but they get less worked up if people in China are getting killed for their organs,” he explained. “I think there’s a real problem with distance, culture, language and geography, which really makes it difficult to mobilize concern for human rights violations – which is what the Jewish community faced with the Holocaust.”

Why Did You Do That? The Autobiography of a Human Rights Advocate can be purchased online from Seraphim Editions, Amazon and various other booksellers online and in bookstores.

Rebeca Kuropatwa is a Winnipeg freelance writer.

Sephardi group in Ottawa

Rabbi Ilan Acoca, left, shakes hands with Prime Minister Stephen Harper on Parliament Hill. (courtesy of Prime Minister’s Office)

Last month, a Jewish delegation paid a visit to Parliament Hill with two main items on the agenda – educating the Canadian government about Sephardi Jewry in Canada and discussing Iran’s aim to obtain nuclear weapons.

The delegation included Sephardi community leaders, activists, philanthropists and spiritual leaders from across Canada. They met with the prime minister, various ambassadors and other dignitaries. The delegation was led by Yehuda Azoulay and Vancouver’s Rabbi Ilan Acoca of Congregation Beth Hamidrash, the only Sephardi synagogue west of Toronto.

A scholar, educator, author, activist and entrepreneur, Azoulay established the Sephardic Legacy Series: Institute for Preserving Sephardic Heritage. He envisioned the series as helping ensure future Sephardi publications, articles, lecture series, documentary films and research on Sephardi topics, and other works geared toward the benefit of Sephardi communities worldwide. It was the lack of general knowledge concerning Sephardi history, culture, Jewish law and other facets of Sephardi Judaism that prompted him to establish the organization. To date, Azoulay has authored five books and published more than 30 articles on various topics. In November 2013, he initiated a tribute luncheon to honor the contributions of Sephardi Jewry in America for members of the U.S. Congress.

The recent Parliament Hill delegation had as its primary goal to “create more awareness about Sephardic Jews in Canada by educating them about our history and our contributions to Canadian society,” Acoca told the Independent. “There are currently 55,000 Sephardic Jews in Canada and the number is growing. This is something that we related to the government.”

Acoca was born in Israel to parents of Moroccan descent. “I grew up in a typical, traditional Sephardic home,” he said. “Sephardic Judaism was an integral part of my upbringing.”

When Acoca was 13 years old, his family moved to Montreal, where he attended a Jewish high school. Growing up in Montreal’s Sephardi community, Acoca said, “helped me deepen my appreciation for my rich Sephardic ancestry.” Acoca eventually become a rabbi, fulfilling his grandfather’s wish that one of his descendants follow in his footsteps to the rabbinate, he said. In November 1999, Acoca and his wife Dina took on the roles of rabbi and rabbanit at Beth Hamidrash.

“Getting this responsibility made me more aware and passionate about my ancestry,” said Acoca. “My job enabled me to learn more about various Sephardic traditions and communities.”

Over the years, Acoca has added other aspects to his rabbinical role, teaching online, writing a monthly column in the Canadian Jewish News, heading the Rabbinical Council Sephardic Affinity Group, being an official Sephardi representative in Western Canada, and being the region’s Sephardi halachic authority.

Canadian human rights lawyer David Matas joined the group in Ottawa. Acoca described the importance of having Matas present in front of the House of Commons SubCommittee on International Human Rights about Iran’s intent to develop nuclear capability. During the presentation, Matas and Azoulay also conveyed some of the hardships that Iranian Jews “have faced and continue to endure.” (The full hearing is available at cpac.ca/en/programs/in-committee-house-of-commons/episodes/37646919.)

Matas gave six recommendations to the committee, which he shared with the Jewish Independent:

1. Expand the exceptions to sovereign immunity to catch Iranian human rights violations in a larger net. It should be possible for victims of the Iranian regime to sue in Canadian courts for the harm that the regime has done to them.

2. Ask for the extradition of Hassan el-Hajj Hassan, a Canadian citizen implicated in a Bulgarian bombing, from Lebanon to Canada. Under the Criminal Code, Canada has jurisdiction to prosecute him because he is a Canadian citizen, explained Matas. Canada does not have an extradition treaty with Lebanon, but the Extradition Act allows for extradition, even without a treaty, on a case-by-case basis by agreement with the state where the accused is found.

3. Support the suggestion that any arms agreement between Iran and foreign states include a human rights component parallel to that of the Helsinki Accord. “A regime hell bent on the destruction of Israel and the Jews should be kept as far away from weapons of mass destruction as possible,” said Matas. “A nuclear weapons agreement with Iran, if one can be reached, should not just prevent nuclear weapons capability. It should have a place for human rights.”

4. The European Union in July 2013 added the military wing of Hezbollah to its list of terrorist entities. Canada should urge the EU to list Hezbollah in its entirety, not just the military wing, as a terrorist entity.

5. As the lead sponsor to the United Nations General Assembly, Canada should strengthen the language of the resolution, even if it that means fewer votes. “While we would not suggest language so strong that the resolution would be lost, Canada today has some room for manoeuvre,” said Matas.

6. Encourage the Government of Canada to take into account all refugee populations as part of any just and comprehensive resolution to the Israeli-Palestinian and Arab-Israeli conflicts. “That, of course, includes 55,000 Jewish refugees from Iran, driven out of Iran by the regime of the mullahs,” said Matas.

It is also important to confront the myth that Israel is a Western, imperial, colonial enterprise – a myth that holds particular sway with the mullahs of Iran, Matas said. The reality is that Israel is in large measure composed of Jews from the Middle East, including Iran. “Unless the Palestinians themselves accept the reality of dual victimization, a meaningful peace becomes impossible,” he said.

The delegation met with MPs Tim Uppal, Denis Lebel, Jason Kenney, Peter Kent, John Carmichael, Mark Adler, Joyce Bateman and Irwin Cotler. Other members of the delegation, including Acoca, met privately with Prime Minister Stephen Harper.

“The government officials were extremely supportive and promised they will assist,” said Acoca. “We were ecstatic, definitely.”

Acoca is eager to create more awareness of Sephardi Jewry, the community’s needs and cultural differences, and to promote understanding. He is also looking forward to following up on the event and meetings, and hopes this delegation will become an annual occurrence. “I would like the Sephardic way and philosophy to be preserved and am working hard, together with my colleagues, to ensure a thriving future,” said Acoca.

For a short video clip from the group’s Parliament Hill visit, see this link (at 0:26): youtube.com/watch?v=AiZ9_4O936Q.

Rebeca Kuropatwa is a Winnipeg freelance writer.

David Matas – a distinguished alum

Winnipeg lawyer David Matas received a distinguished alumni award from the University of Manitoba (U of M) at a gala on the evening of May 1. Matas joined four others – Chau Pham (young alumni), Scott Cairns (professional achievement), John Bockstael (service to U of M) and Bruce Miller (community leadership) – in receiving the award. The event featured performances by U of M alumni, including Juno-nominated performers Erin Propp, Larry Roy and Desiree Dorion.

David Matas (photo by Ian McCausland)

On stage, Matas told attendees he is currently working on an autobiography, with the working title Why Did You Do That? He said, “The book seeks to justify my human rights activism. Writing the manuscript has made me introspective, attempting to justify my behavior to myself.”

There are pluses and minuses to receiving this award, said Matas, with a smile. “To be sure, it’s a boost to my self-esteem … [though the] downside is the increased expectations.”

Matas, who is a human rights lawyer in Winnipeg and senior legal counsel for B’nai Brith Canada, said that after having received the Order of Canada, “it didn’t become any easier. To the contrary, afterwards, my court opponents continued as before – disagreeing with everything I had said and adding that my arguments weren’t worthy of the Order of Canada. I hate to think what lies in store for me in court now that I’ve won the distinguished alumni award,” he joked, receiving warm applause.

Outside the courtroom, Matas more seriously added that the award might add welcomed weight to his positions and opinions. “I draw your attention to one particular position of mine: that the University of Manitoba should not be hosting Israel Apartheid Week.

“The decision this year to allow Israel Apartheid Week to go forward was particularly troubling in light of the fact that the University Student Union had stripped the sponsoring group of its student status and funding.”

Next year, as in past years, Matas said, he will be telling the university, “Don’t give this week a university forum.”

Later, he added, “Human rights advocacy, I realize, is often not one-dimensional – opposing rights against wrongs – but, rather, rights and against rights, and determining where the balance lies.”

Thanking the Alumni Association, Matas said, “It gives me the incentive and reinforcement to engage in this debate in years to come. The debate about where the balance lies is one in which we must all take part.

“I never drop a human rights cause until it’s resolved. I’ll be at it until the problem disappears – or I disappear.”

Rebeca Kuropatwa is a Winnipeg freelancer writer.