David Mivasair

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

NDPer sponsors anti-JNF bid

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Prayer, protest at JCC

Gabor Maté reads the names of Palestinians killed by the Israel Defence Forces during the Great March of Return protests in Gaza. (photo by Matthew Gindin)

“Each one of them was a full human being, with a full life,” said Rabbi David Mivasair, addressing a dozen or so people, most of whom were Jews, outside of the Jewish Community Centre of Greater Vancouver on May 21, the second day of Shavuot, for Yizkor, the traditional memorial service for the dead.

Organized by Independent Jewish Voices, the group gathered to commemorate the Palestinian protesters who had been killed by the Israel Defence Forces during the Great March of Return protests in Gaza, which began on March 31 and ended May 15 (which Palestinians observe as Nakba Day). They gathered, according to the event’s Facebook page, for another reason, as well: “We will also publicly denounce the Centre for Israel and Jewish Affairs for its continual dishonest manipulation of Canadian political leaders and media sources to silence and minimize Israel’s brutality toward Palestinians and, in this case, shift the blame for the killings to the very people who were killed.”

Those present included Gabor Maté, a physician, author and member of the Jewish community. He and others took turns reading the names of Palestinians who had been killed. Afterwards, he told a story from an article that Uri Avnery, an Israeli peace activist, had written days before. In the article, Avnery described how he, as a teenage member of the Irgun, had done similar things to those of the Palestinian protesters when demonstrating against the then-occupying British forces for Israel’s independence, but the British shot over their heads, not at them. Maté also criticized the JCC for not being inclusive enough of all Jewish voices, saying that, in practice, it was more like “the Zionist community centre.”

“The confusion between Zionism and Judaism is a tragedy,” said Maté. “I’m just glad to be here to bear witness along with the rest of you.”

Shawkat Hasan, a member of the Palestinian community and the B.C. Muslim Association, whose family lost their home in the war of 1948, also spoke, emphasizing that the conflict was not between Jews and Muslims but between Zionism and its “victims,” and calling for widespread resistance to violence against Palestinians.

The group carried out their service peacefully. The idea for it came about only days before, and the organizing of it was rushed to coincide with Shavuot. One sign read, “Murdering innocents is not a Jewish value.” Some passersby stopped to join or listen, as members of the group chanted the names and recited Kaddish, and some to express their opposition.

Mivasair told those assembled that the location had been chosen to protest CIJA, who have their offices inside the JCC. CIJA had launched a campaign calling for Prime Minister Justin Trudeau to apologize for remarks Trudeau had made that the “reported use of excessive force and live ammunition is inexcusable” and his call for “an immediate independent investigation” after a Canadian doctor was shot by the IDF while treating protesters.

“Hamas has left Israel no choice but to use force to protect the tens of thousands of Israelis who live close to Gaza,” said Shimon Koffler Fogel, CIJA’s chief executive officer, in a statement May 16. “We are outraged and saddened that Hamas is again using civilian human shields. For Israelis and the Jewish community, Palestinian casualties are painful tragedies. For Hamas, Palestinian casualties are sickening public relations achievements.”

“Everything that CIJA says is contestable,” Mivasair told the Jewish Independent following the service. “The situation in Gaza is desperate enough, due to the policies of the Israeli government, to explain the actions of the Palestinian protesters without imagining that they were primarily orchestrated by Hamas, which they were not. Why are organizations that purport to speak for the Jewish community suppressing discussion in Canada about what is really going on?”

The Yizkor service at the JCC followed weeks of protests by Palestinian solidarity groups outside of federal Justice Minister Jody Wilson-Raybould’s Vancouver constituency office.

In the conflict at Israel’s border with Gaza, the IDF faced some 50,000 protesters. More than 100 Palestinians were killed and between 8,700 and 13,000 wounded, depending on the source of the data. The IDF’s actions, in particular the use of live ammunition, has been condemned by organizations including B’Tselem, Human Rights Watch and Amnesty International. According to Israel, most of those killed were members of the terrorist group Hamas, which, the Israeli government says, organized the protests.

Matthew Gindin is a freelance journalist, writer and lecturer. He is Pacific correspondent for the CJN, writes regularly for the Forward, Tricycle and the Wisdom Daily, and has been published in Sojourners, Religion Dispatches and elsewhere. He can be found on Medium and Twitter.