Tag: discrimination

Intolerance is growing

A recent study indicates that Americans are increasingly tolerant of the idea that businesses should be able to refuse service to customers based on the customer’s identity.

Of those polled, 19% said that a business should be able to refuse to serve Jews, an increase from 12% the last time the question was asked five years earlier. Twenty-two percent believe that Muslims could be legally denied services, 24% said atheists should be able to be turned away and slightly fewer than one in three believe that gay, lesbian or transgender people could be denied service. Fifteen percent of respondents said that a business should have the right to refuse to serve African-Americans, an increase from 10% in 2014. Most notable is that these numbers have increased over the past five years. For example, the number of people who said gays or lesbians could be denied service almost doubled, to 30% from 16%. (The question did not include Muslims five years ago.)

The issue has come to a head on a couple of occasions, such as when bakeries have refused to provide cakes for same-sex weddings. But it is the increase in the feelings of exclusion that have grown over the past half-decade that indicate we are not in a period of unfettered progress in our acceptance of diversity.

Some economists would suggest that the market should decide the matter – a business that turns away customers may have more trouble surviving, or it may benefit from an increase in like-minded clients, but that is of concern only to its owner. Others would say, if a baker doesn’t want to bake your wedding cake because they are prejudiced against your sexual orientation, why on earth would you want to patronize them? Of course, the principle of equality goes beyond economics. Court decisions in Canada and the United States have indicated that the law will not tolerate the refusal of service to identifiable groups by a business or service that otherwise is available to the general public.

There are nuances to the discussion, though.

This year, the White Rock Pride Society claimed discrimination after the Star of the Sea Catholic church refused to rent a venue to the LGBTQ organization. Here is where things get a little more complicated. A Catholic individual – or a Muslim, or a Jew or anyone – operating a business aimed at the general public does not have the right to discriminate based on a customer’s identity. But a church – or a synagogue or a mosque – is not on par with a business that is open to the public. One has to wonder about the motivation of a gay organization approaching a Catholic church to rent space, which seems like a bit of a set-up for a discrimination complaint. But the larger issue here is that religious organizations should certainly have the right to determine who can use its facilities. Imagine, for example, an overtly antisemitic organization asking to rent space in a Jewish community centre. There is a substantial difference, of course, between one’s beliefs (being anti-Zionist or even antisemitic is a choice) as opposed to an immutable characteristic of one’s personality, such as sexual orientation.

The issue is at once simple and complex. Businesses are not individuals with human rights. They are entities created under laws and they must adhere to the laws and norms of the jurisdiction in which they operate. We might be thankful to know that, if a particular pizza maker or café owner holds antisemitic views, we can choose not to patronize them. This is an entirely different scenario than the flip side of that coin, in which a business refuses to serve Jews.

There has been a lot of commentary in recent years that the American president and others in high-profile positions have given permission to people to air their prejudices openly. A study like this is welcome because it puts quantifiable numbers to the perception of growing intolerance. This is a wake-up call to those who would ignore the warning signs of our current era of discontent. The evidence has arrived. Now, what are we going to do about it?

Naming inhumanity

Concentration camps are in the news this week. The term, which was first used in the context of Jews in the Holocaust, is being invoked by opponents of the U.S. government’s detention of migrants from Latin America. Appallingly, those detained include hundreds of children who have been separated from their parents. These current child detainees are among the at least few thousand children who have been separated from their families over the last two years.

The use of “concentration camps” and phrases like “Never again” has been criticized by some high-profile Jewish activists and others as diminishing the meaning and seriousness of the Holocaust. Some see the use of these terms as a cheapening of the Jewish experience or a form of Jew-baiting. In contrast, it is not heartening that Republicans who sanctimoniously condemn the use of these terms have a crass political motivation for defending the sanctity of Jewish historical memory.

There is no question that the words are used for their shock value. And, at a time when short attention spans intersect with what is genuinely a grotesque affront to humanity, there is little wrong with shocking a complacent population.

Reports from the facilities tell of sickening conditions.

A group of lawyers who toured one of the facilities and spent days interviewing child-inmates said that the most basic standards demanded under international law around the treatment of children in custody are being ignored. Children are not supposed to be held for longer than 72 hours, but many have been incarcerated for weeks. They are crammed into windowless warehouses, unwashed for days, in mucous-stained clothing, without the most rudimentary necessities like soap or toothbrushes, sleeping on cold concrete floors, suffering lice-infestations and untreated influenza outbreaks. Guards bring diaperless 2- and 3-year-old children to the facility and ask older children to care for the younger ones. Teenagers serve as unofficial guards in exchange for extra food. Parents are being held separately in unknown locations and some experts have said it is likely some families will never be reunited.

The situation for adults is not to be ignored either. At one facility, about 900 migrants are incarcerated at a facility intended for 125. Cells intended for 35 people are jammed with more than 150.

In an unfathomable breach of what public relations folks call “optics,” there are plans to accommodate the ever-growing number of child detainees by repurposing Fort Sill, Okla., a site where Japanese-Americans were interned during the Second World War.

To be charitable, the argument over language reflects a struggle to find words for what is happening. The situation for these children (and adults) is intolerable in any country, least of all, perhaps, in the land that once welcomed the tired, the poor, the huddled masses yearning to be free.

Still, concerns over the desecration of the memory of the Holocaust are legitimate. We have witnessed too many instances where minor affronts are equated with Nazism and other massively inappropriate comparisons. But the Holocaust did not begin with crematoria. It began with dehumanization and othering and, as the will of the world to tolerate increasingly hostile acts against Jews was tested and found to be elastic, the perpetrators progressed into successive stages leading to genocide.

There is no way to predict the future and there is little point in making unnecessarily combustible assertions about impending genocide. But, when human beings are treated as they are in this circumstance and the trajectory is toward more of the same, people must militate against this inhumanity.

A consensus has developed among Holocaust educators and human rights activists that the term “Never again” does not apply solely to attempts to reprise anti-Jewish ideas and actions, but that the lesson of the Shoah is that we must be vigilant when any people are targeted.

It is unfortunate that the people who seem most inclined to use Holocaust-associated language in the context of current events are also people whose record on issues of concern to Jewish people are highly problematic, drawing reasonable suspicions to their motives. Terminology is important. But, the more we learn about what is happening to children and others in American detention facilities, the more hair-splitting over nomenclature seems to compound the inhumanity we are witnessing.

We are correct to be defensive about any perceived disrespect to the memory of the Holocaust and its victims. However, we might ask ourselves, when judging the appropriateness of such usage: If not now, when?

The will of “the people”

The deed is finally done. For years, Quebec politicians have been talking about secularism, or laïcité, proposing a range of actions to ban the presence of visible religious symbols among government employees. On Sunday, following a weekend of almost round-the-clock debate, the Coalition Avenir Québec majority in the National Assembly passed Bill 21. The law bans symbols such as the crucifix, turban, hijab and kippah for provincial employees in positions of authority, such as judges, police, prosecutors, court clerks and schoolteachers.

The bill was met with lamentations and anger from the opposition. Catherine Dorion, a member of the National Assembly representing the left-wing party Québec solidaire spoke powerfully in favour of individual liberty and the right to exhibit religious identity.

“Each person in this room who will vote for Bill 21 will bear the responsibility for this first great breach in the dike we had proudly erected to protect the fundamental rights of all Quebecers,” she said.

The vote came a day after a similarly contentious debate on another bill, which addresses the province’s agreement with the federal government over immigration to Quebec. On the one hand, the bill aims to ensure that immigration reflects the province’s labour requirements, which is justifiable. On the other hand, the bill also permits the creation of a “values test” that new Quebecers would have to pass before admission to permanent residency. A test of this nature is one thing in theory – extreme examples like female genital mutilation are raised as justifications – but it is something else in practice.

Government measures to adjudicate an individual’s beliefs is a recipe for disaster. Certainly we would like to see people with hateful or violent attitudes toward particular cultural groups prevented from entering the country, or rehabilitated if they are already here. There are programs and policies in Canada to address this problem and they should be strengthened. But applying what amounts to a form of prior restraint on the ideas and beliefs of new Canadians by a government with limited respect for civil liberties crosses a perilous line.

The religious symbols law parallels the immigration law in its flouting of civil liberties, but diverges importantly in a number of ways. It applies to people who are already Canadian (for the most part, at least), which is a more grievous affront than putting up barriers for non-citizens.

In responding to criticism, Quebec Premier François Legault declared: “Someone once said, beware of those who say they like the people but do not listen to what the people want.”

This language reflects a populism we have seen in Europe as well as North America, but which has been thankfully rare in this country. The idea that governments should do whatever “the people” want invites a tyranny of the majority that is almost destined to trample on individual rights, especially the rights of members of minority communities. It bears stating that, in Quebec, in order to deliver the will of the people, the assembly had to clip the wings of democracy not once but twice, invoking closure on debate on both bills and, in the case of Bill 21, promising to use the Canadian Constitution’s Notwithstanding Clause to override what even the government of Quebec acknowledges is a unconstitutional infringement on individual rights.

We are seeing flare-ups elsewhere in Canada of how some of “the people” would like to see public policy progress. On the same busy weekend, a rally in downtown Vancouver against transgender rights and opposing the province’s progressive sexual education agenda turned nasty (if the mission of the event wasn’t nasty enough) when counter-protesters showed up to confront them. At the rally were the Soldiers of Odin, a far-right group, people wearing yellow vests, the symbol of an amorphous movement that began in France and has attracted extremists, and at least one leading member of the People’s Party of Canada, a new populist party that seems determined to stoke a range of fears and prejudices in the lead-up to the federal election this fall.

Violence also erupted last weekend at a pride parade in Hamilton, Ont., when protesters showed up at the celebration. A local politician laid blame for the violence, which included punching and choking, on “far-right evangelicals” who he said were “just there to sucker-punch people.”

All of this is to say that Canada is not immune to extremism or even politically motivated violence. There is, of course, an important line between the violence in Hamilton and the laws that were rammed through Quebec’s legislature. Violence deserves universal condemnation while passionate disagreements over politics – even laws we see as repressive and excessive – are justifiable and welcome. Still, these incidents all reflect different approaches to “othering” – the idea that “we” are under threat from “them.”

What is encouraging is hearing the voices of those forced to defend the values of inclusion and respect for diversity. There was eloquence on the opposition side of Quebec’s National Assembly last weekend and, in response to the altercations in Hamilton and Vancouver, admirable recommitment by many to the values that we genuinely hope will represent the Canada we hope to create. This is also a reminder to speak up, so that when politicians say they are doing what “the people” want, what they mean is the will of people who pursue inclusion, acceptance and diversity.

Quebec’s underlying goal

Sometimes in complex or far-reaching events, a small, seemingly less significant factor can illuminate a larger understanding. Successive efforts by Quebec governments to enforce laïcité, a policy of compulsory secularism in the delivery of public services, have included a minor exception that really speaks to the inequality such efforts seek to create.

Since 1936, a not-at-all-subtle crucifix has hung above the speaker’s chair in the legislative chamber of the Quebec National Assembly. A week ago, the Quebec government voted to take down the crucifix as part of a much broader policy against religious symbolism in the province’s public life. Even as they proposed policies that would ban religiosity in the forms of Muslim, Sikh and Jewish head coverings and other items, such as pendants with stars of David or crucifixes, previous governments have contended that the legislature’s cross is exceptional. In the narrative advanced across a decade of this debate, the cross represents an indisputable aspect of Quebec history. Reading between the lines of this argument, the crucifix – the definitive symbol of Christianity – transcends its religious particularity, presumably on the idea that Christianity was an inherent part of Quebec’s history and development.

The message of this exceptionalism is clear as a bell: this place was founded on Christian principles and those of other religious traditions, despite whatever contemporary contributions they might make to Quebec society, rank below the founding religion even as we seek to erase all of them from the public eye. Christianity, in other words, is a first among unequals.

To their credit, the government of Premier François Legault is not excepting the crucifix from this latest bill aiming to impose secularism. The bill, which was introduced last week by the centre-right Coalition de l’avenir du Quebec government elected last year, has all the characteristics that have been discussed in recent years by various governments intent on erasing outward appearances of religious difference. In the provision of government services in which an employee has “coercive” influence – including police, prison guards, judges and teachers – kippot, chadors, turbans, kirpans, crucifixes and anything else that speaks to an individual’s religious affiliation will be banned.

The decision on the National Assembly’s crucifix at least pays lip service to the idea of equanimity in the crushing of religious identity. But it cannot erase the foolishness and inherent injustice of the move. The Quebec government makes absolutely no defence against the charge that the bill contravenes Canada’s and Quebec’s constitutional protections of individual and religious rights. In introducing the new law, the government stated it would use the notwithstanding clause, exempting the law from those constitutional safeguards.

The injustice is a matter of principle. The government – backed, according to public opinion polls, by most Quebecers – is fully prepared to infringe on the rights of people who heed obligations to display certain outward evidence of religiosity. Depending on interpretation and levels of observance, Jewish, Muslim, Sikh and other people are required to wear identifiably religious objects. Lay Christians, by contrast, are not. A crucifix necklace is a choice, not a requirement. For observant Jewish men, a kippah is not optional.

On a related front, it is illuminating to hear non-Muslims discuss whether a chador, hijab or niqab is a cultural or a religious requirement. Over the years, some who have justified banning head coverings have contended that Muslim law does not require them. The fact that many or most of those making this case are non-Muslims adds insult to injury: not only will we argue that we don’t want you wearing your religious garb, we will go so far as to argue that you can’t even interpret your religion correctly.

Aside from the principle of the matter, the nuts and bolts of the proposed law guarantee confusion and offence. The bill grandfathers existing employees, meaning that a currently employed teacher who wears some form of religious accoutrement will be free to continue doing so, but a new hire would not. More bizarre is that, if they were to receive a promotion – from teacher to vice-principal, say – the grandfather clause would be removed, and so would the religious article. The opportunities for mayhem abound.

Ostensibly, the bill, which is really the culmination of years of discussion around “reasonable accommodation” and similar concepts in Quebec society, is intended to preserve the importance of Quebec culture. Understandably, as an undeniably distinct cultural and linguistic minority vastly outnumbered by anglophone North Americans, Quebecers are vigilant in preserving their uniqueness. But it is tough to discern any substantive advantages this bill will grant to Quebec’s distinct culture other than to underscore assumptions of intolerance and insularity. The genuine intent of the law – and the larger ideology that drives it – is to encourage assimilation into a dominant (French, nominally Christian) population. In a visit to France last year, Legault didn’t mince words. He wants a Quebec that is more “European.”

Many Canadians outside Quebec accept that some accommodations are necessary to save what makes Quebec unique. We see this as something apart from the xenophobic nationalisms sweeping Europe. But what is inherent in Quebec society that would not also be found in Swiss or Finnish or Hungarian society to justify banning symbols of different cultures? If Quebecers have a right to “protect” their cultural identity through admittedly discriminatory laws, why wouldn’t Polish and Ukrainian people?

Ultimately, a law preventing religiously observant people from displaying the evidence of their faith will not strengthen or save pur laine Quebec society, unless by doing so it discourages such people from coming to Quebec in the first place. And there’s the key to understanding this bill.

One of the first steps Legault took as premier was to reduce Quebec’s share of immigrants by 20%. This was about the same time he went to Paris and declared he wanted more migrants who are European. With this in mind, the secularism bill is probably less about the people who are already in Quebec than about sending a message to those considering a move there. The bill says stay away, Quebec does not welcome you.

A need for ethical guidelines

This time of year, we read Torah portions in the Book of Leviticus. It’s full of information about how to do sacrifices at the Temple in Jerusalem. It’s a good reminder – things have changed in the Jewish world, haven’t they? Perhaps we don’t need details for how to do a sin offering, an offering of well-being or for first fruits? Then again, maybe we do.

Huh? No, I don’t mean we need to learn to kill animals to sacrifice them. However, the rituals described in Leviticus have become guidelines for other things we do. For instance, it’s common to make a donation to a synagogue in honour of someone, or to express gratitude for a return to good health, a success at work or a family celebration. There are modern interpretations for some of these rituals, including the need to do something to repair things when feeling guilt or after committing a sin.

Parts of Leviticus offer us good metaphors … reminders that we can apply to other things in Jewish life.

I receive an email newsletter from the Jewish news organization JTA. One of the articles that popped up was about fundraising: “Women in Jewish fundraising say harassment is pervasive.” I followed the link. It turns out that fundraisers for Jewish organizations and in the nonprofit world are mostly women.

Donors? You guessed it, are predominantly men. Just like in other parts of the #MeToo professional world, many Jewish fundraisers have tolerated widespread harassment in order to do their jobs. If you don’t bring in the money, it’s hard to keep your fundraising job. These fundraisers have told hair-raising tales of stalking, requests for dates or sexual favours and dangling professional opportunities “if only” the woman professional would “cooperate.”

Most of us don’t want to imagine that one’s body has to be part of a professional encounter in the fundraising arena, unless perhaps your wife, daughter, mother or sister is a sex worker (and Jewish tradition has plenty of those. Read the Bible for more on that). Imagine if your daughter, recently graduated from university, went to lunch for her job at a Jewish nonprofit. A grey-haired man sat next to her, put his chequebook down, stuck his hand up her thigh under the table, and let her know that there would be more money to come if she just went out with him.

Disgusting? Yes. These days, there are laws that say both men and women deserve the same fair pay for their work and freedom from harassment on the job.

Oh, come on, some say – this doesn’t happen in the Jewish world. Well, it does. Jews can be alcoholics, drug addicts, adulterers, criminals and more. We are people. People aren’t perfect. We commit sin, and feel guilty. (Remember those Temple sacrifices?)

The sad part is that, in many ways, we groom children to be cooperative, to respect adults in their community, to listen and obey us even if they don’t know everyone’s name. This grooming, particularly for girls, starts young. This sometimes results in bad things happening. Young women tolerate a lot before they realize something bad happened and they should complain.

As someone who used to teach full-time (and a mom), I see things that make me scared in this regard. Imagine free-range preschoolers and elementary schoolers, left to roam in a Jewish community building without adequate parental supervision. Adults offer them candy or encourage them to find their parents, but no one leads them directly to the children’s activity or to their parents. Never mind the potential for accidents or getting into mischief … worse happens.

This situation is ripe for a predator to step in with candy and lure a child away. This is how horrible, life-altering, illegal things happen to children. When I mentioned this concern aloud, the response was: “Oh, kids roam around. It’s always been this way.” Really? Thank goodness that, in Jewish tradition, we evolve and change. Even the most traditional among us don’t do sacrifices anymore. We no longer sweep childhood sexual abuse under the rug. We no longer think it is OK for women to earn less, or that they must tolerate sexual harassment on the job. We no longer think it is OK for male donors to expect they can get away with this, if only they write a big cheque.

The key to changing a culture that allows sexual predation is in Leviticus, too. The instructions for sacrifice are well laid out and clear to follow. There’s a set of steps and a ritual to each one. In the JTA article written by Debra Nussbaum Cohen, she outlines some of the new efforts to make organizational and structural change to these interactions between funders and donors. This includes laying out ethical guidelines when it comes to sexual harassment and abuse, specifically addressing the power imbalance between fundraisers, who solicit donations to keep their jobs, and funders, who hold the purse strings.

Judaism has plenty to offer when it comes to respecting someone’s body, modesty and personal space. If we know the rules to appropriate behaviour, we recognize that we can do a lot to make modern environments safer and more ethical. We also must be aware that harassing fundraisers (who happen to be women), paying our Jewish professionals (who are often women) inadequately, or failing to provide our children Jewish “safe” spaces are not acceptable ways to behave as Jews.

If Jewish tradition alone doesn’t matter to some? Many of these behaviours are also illegal. We may mourn the loss of the Temple and pray for its return. However, I vote to exchange Leviticus’s ritual steps for bloody sacrifice with those ethical behavioural guidelines for donations that emerged from the rabbinic age. We can ritualize good behaviour around tzedakah (charity) instead.

Joanne Seiff writes regularly for CBC Manitoba and various Jewish publications. She is the author of three books, including From the Outside In: Jewish Post Columns 2015-2016, a collection of essays available for digital download or as a paperback from Amazon. See more about her at joanneseiff.blogspot.com.

Ageism unacceptable

Contrary to popular belief, life as an older person is neither dull nor uneventful. We have experienced many things but have yet to see or hear it all.

A few years ago, my husband and I visited New York. We were in the process of checking into the hotel when our daughter arrived to greet us. The hotel clerk immediately shifted his attention to her. He explained how the elevator worked, how we could access hotel amenities, gave her the room keys and wished her a pleasant stay. In less than five minutes, blatant ageism had rendered my husband and me invisible, mute and incapacitated by age. Although we have endured strangers calling us dear, darling and sweetie in loud voices, the hotel episode left us stunned.

In his article “Ageism: I hope I (don’t) die before I get old,” Dan Levitt, adjunct professor at Simon Fraser University, defines ageism as “the stereotyping and discriminating against individuals or groups based on their age.” Ageist attitudes result not only in individual discrimination but they can also be found at the core of the design and implementation of services, programs and facilities for the elderly.

Lillian Zimmerman, in her 2016 book Did You Just Call Me an Old Lady?, takes a two-pronged approach to aging. First, she examines how medical interventions, technology and social programs have improved the quality of life for older people. Second, she cleverly unmasks the difficulties faced by an aging population living in a youth-obsessed culture and how these obstacles are reinforced and perpetuated.

Currently, the over-65 age groups are the fastest-growing population segments in Canada. The press has dubbed this “the Grey Tsunami.” Although many components are involved in reinforcing ageism and ageist attitudes, Zimmerman identifies language as one of the main preservers.

“Words are among the most insidious communication devices contributing to ageist attitude formation – tsunamis are catastrophes that bring death and destruction,” she writes. “As a metaphor for aging, it is simply not acceptable. We are now responsive and sensitive to demeaning and derogatory language. We need to take ageism out from the closet and ‘out it’ for what it is: a general dislike of older people. The list of unacceptable social attitudes should now read racism, sexism and ageism.”

Having a keen sense of humour is a highly desired quality. Throughout history, we have employed humour as a coping mechanism, a stress reliever and a route to gain social advantages. It is also used as a tool to manufacture “others,” and for them to appear less worthy and less capable. These jokes, whether narratives, cartoons or greetings, can be extremely hurtful and insulting. If heard often enough, they will become “alternative facts” and have the capacity to further cement negative stereotypes. Zimmerman cites a study of more than 4,000 jokes that found many in which older people were depicted as incompetent, forgetful, sexually frustrated, impotent males and infirm. As previously mentioned, ageism has not until recently been openly examined, so it is possible that the “jokesters” are not aware of imbedded ageist content.

The Ontario Human Rights Commission, in its research document Ageism and Age Discrimination, states that the first step to combat this derogatory ism is to “raise public awareness about its existence and to dispel common stereotypes and misperceptions about aging.”

Levitt concurs and goes a step further by citing a Slovenian project that has already been operationalized: “The Simbioza project’s goal is to improve e-literacy in seniors by young people volunteering to teach computer skills. Such a program is a win-win situation, as it puts technology in the hands of the elderly and instils social responsibility in the millennials.”

To quote Bob Dylan, “but times are a-changin’.” There is hope for the future. Through raising awareness of ageism and refusing to accept ageist discourse, the grips are loosened. The Ontario Human Rights research paper states, “The Supreme Court of Canada has made it clear that it is no longer acceptable to structure systems in a way that assumes that everyone is young and then try to accommodate those who do not fit this assumption. Rather, age diversity that exists in society should be reflected in design stages for policies, programs, services, facilities so that physical, attitudinal and systemic barriers are not created.”

Rita Roling is an executive of Jewish Seniors Alliance and a member of JSA’s Senior Line editorial committee. This article was originally published, as “We will not go quietly into the night,” in Senior Line, vol. 24 (2), which can be downloaded at jsalliance.org.

הקרב על השבת

(צילום: Dickelbers)

בית המשפט לזכויות האדם במחוז קוויבק קבע בפסק דין תקדימי, כי מעצב שיער יהודי ממונטריאול ששמו ריצ’רד זילברג, יכול לעבוד גם בשבתות כבקשתו. בית המשפט אף קבע לזילברג (בן החמישים וארבע) פיצויים בהיקף של 12,500 דולר.

זילברג שימש ספר שכיר במספרה סלון אורזן של איריס גריסי, שאף היא יהודייה, החל מחודש מאוקטובר 2011. זילברג עבד במספרה שישה ימים בשבוע כולל בשבת, שמתברר שהוא היום העמוס ביותר בשבוע.

במהלך חודש יולי 2012 גריסי הורתה לזילברג להפסיק לעבוד בשבתות, במסגרת מדיניות חדשה שלה שלא לאפשר לעובדיה היהודיים לעבוד ביום זה. גריסי אמרה לזילברג שלא לספר ללקוחות מדוע הוא הפסיק לעבוד בשבתות. זילברג חשב אחרת והוא כן סיפר ללקוחות שלו מדוע הוא אינו עובד עוד בשבתות, וזאת בשל היותו יהודי. גריסי שמעה על כך כחודש לאחר מכן מלקוח קבוע שהתלונן בפניה על כך מעצב השיער שלו לא עובד יותר בשבתות. הלקוח אף כעס עליה והתחיל לריב עימה. בשל כך גיריסי פיטרה מייד את זילברג והיא טענה אז כי הוא הפר את הסכם הסודיות שהיה לו עימה.

בצר לו פנה מעצב השיער היהודי תחילה לנציבות לזכויות האדם במונטריאול, שלאחר מכן פנתה בשמו לבית המשפט. זילברג אמר אז: “אני בן לעם היהודי ואני אוהב את האמונה שלי. אבל אני יכול לבחור איך אני רוצה לחיות את חיי”. גיריסי טענה מצידה בתגובה לטענותיו: “אני פשוט אינני יכולה להיות גזענית נגד זילברג כיוון שגם אני יהודייה. הסיבה לפיטורין שלו לא קשורה לטענתו כי אסרתי עליו לעבוד בשבתות, כי זה אינו נכון. אני פיטרתי אותו כי הוא לא היה אחראי והוא אף רב עם עובד אחר, בזמן שהם עבדו ביחד בשבתות. יש לזכור גם אני לפעמים עובדת בשבתות. אני לא מתכוונת לשלם לזילברג פיצויים, כיוון שאני מואשמת במשהו בטעות. אני לא אוותר ואלחם על כך גם בבית המשפט”. על טענותיה של הבוסית שלו לשעבר אמר זילברג בהחלטיות: “אולי איחרתי פעמיים לעבודה במשך עשרה חודשים, אך הרקע לפיטורים שלי ממש לא נעוץ בכך”. כיוון שגיריסי לא נענתה לדרישותיו של זילברג עד חודש אוקטובר 2015, התיק המשפטי הועבר לדיון בפני בית המשפט לזכויות האדם.

שופט בית המשפט, איוון נולן, קיבל את טענותיו של זילברג שבאיסור עליו לעבוד בשבתות גריסי פוגעת בזכויות החופש, המצפון והדת, כמו גם שמירה על כבודו וכן גם על הזיקה לכבד את חייו הפרטיים. מדובר גם על אפלייה על רקע דתי לעומת העובדים האחרים שאינם יהודים. כאמור השופט אף פסק פיצויים למעצב השיער בגובה של 12,500 דולר. חלוקת הפיצויים היא כדלקמן: 6,000 דולר עבור הנזק החומרני, 4,000 דולר עבור נזקים מוסריים ו-2,500 דולר עבור נזקי עונשים שנגרמו לו. יצויין שנציבות זכויות האדם שהגישה את התביעה מטעמו של זילברג, דרשה במקור פיצויים בהיקף של 20 אלף דולר. זילברג היה מאוכזב שסכום התביעה במלואו לא התקבל על ידי בית המשפט. אך מצד שני הוא ציין כי ההמתנה הארוכה בת החמש השנים להחלטתו של בית המשפט הייתה שווה. לדבריו בית המשפט קיבל את טענתו שאין לפגוע במה שהוא מאמין בו. הוא הוסיף: “בפילוסופיה היהודית אין מקום לאפלייה אפילו לעצמנו, אפילו בין יהודי ליהודי”. גריסי לא הגיבה עד כה לפסק הדין נגדה.

Express your opinion

The good news is we’re again debating “who is a Jew.” This is good news, of course, only because it’s a topic that divides Jews mostly when external threats abate enough to allow the luxury of pilpul around denominational rights and definitions.

We can only assume that the state of the world – the Iranian threat, the unhinged American administration, Syria in collapse – looks fine enough from the Israeli prime minister’s office that we have the freedom to indulge in family squabbles.

A year-and-a-half ago, the Israeli government finally agreed to create an egalitarian prayer space at the Western Wall. The Charedim who legally control Israel’s Jewish religious character, including practices at the Wall, have imposed a strict gender division on prayer and ritual at the holy site. This has sent the message to Conservative, Reform and other non-Orthodox Jews that the holy site is not wholly theirs and, by extension, that their forms of Judaism are not authentic or proper. The creation of an egalitarian section was hailed as putting an end to a painful and divisive aspect of Israeli-Diaspora relations.

An egalitarian space would permit families to visit the Kotel together, allow girls to read from the Torah during their bat mitzvahs and give women the right to pray out loud, rather than following the existing rules by which women must pray quietly so that their voices may not be heard by men on the other side of the divided plaza. The agreement for a new egalitarian space would not alter the existing men’s and women’s areas, but rather add a new, third space, south of the traditional prayer areas.

At the time the agreement was reached, Anat Hoffman, chair of the board of Women of the Wall, a group that has been at the fore in advancing the goal of an egalitarian space and whose members are routinely arrested for praying at the Kotel with prayer shawls, said the decision by Israel’s cabinet was an acknowledgment “that there is more than one way to be Jewish.”

Last week, the Netanyahu government changed its mind and decided there is not.

Bending to pressure from the ultra-Orthodox members of his coalition, the proverbial tail that so often wags the dog in Israel’s political system, Netanyahu called a snap vote on whether the decision taken in January 2016 to create the egalitarian space should indeed proceed. Ministers who last year voted in favour last week voted against.

In for a penny, in for a pound, the government at the same time advanced a bill that would reinstate the Orthodox monopoly on conversions and lifecycle events, including marriage and burials. Among the implications is that Jews not converted under the auspices of the Chief Rabbinate – in other words, by Conservative, Reform or other non-Orthodox rabbis – would not be recognized as Jews.

On most issues, Israel should take Diaspora concerns into consideration only secondarily to what is right for Israel. We have said in this space before, for instance, that Israeli defence policies should be determined with the security of Israelis as the priority, not the comfort of Diaspora Jews who have to live with the political consequences, but not the life-and-death consequences facing Israelis.

This is different. Rules regarding prayer at the Western Wall – who, where and how – should be made with the interests of the Jewish people – not just Israelis – foremost in mind. Of course, if the rules were made with the majority of Israelis in mind, they would reflect the diversity of religious observance both in Israel and in the Diaspora. Instead, what we have is a narrow reflection of ultra-Orthodox priorities that is more a result of political realities in the Knesset than religious reality anywhere outside that chamber.

Ultimately, these decisions are a result of political, not religious, considerations. The political needs of the Netanyahu government’s coalition appear to be superseding the Jewish state’s respect for diversity and pluralism within the global Jewish peoplehood.

“We believe in Jewish unity, not uniformity,” states a letter to Netanyahu signed by scores of Canadian rabbis. “The spectrum of Jewish practice is diverse, but it need not lead to divisiveness. Our differences are eclipsed by all that unites us: millennia of shared history and a shared future. What happens to Jews today – no matter where they live or where they attend synagogue – invariably affects us all.… We are an indivisible people, which is why we are deeply concerned by these and any other actions that unnecessarily foment division within amcha.”

Most of us do not have a vote in Israel, but each of us has a voice. The Centre for Israel and Jewish Affairs is urging each of us to contact the Israeli embassy to express our views on this vital matter. Please do.

Bill S-201 passes 220 to 60

The Centre for Israel and Jewish Affairs (CIJA) lauded the House of Commons’ March 8 passage of a private member’s bill to prevent genetic discrimination, which survived a last-minute push by Prime Minister Justin Trudeau to oppose it on jurisdictional grounds.

Bill S-201, which was put to a free vote, passed 220-60, with dozens of Liberals joining the Conservatives, NDP and Green Party in support of the legislation. It now goes to the Senate for technical amendments and is expected to become law by the spring.

The bill was introduced by former senator James Cowan and spearheaded through the House by Liberal MP Rob Oliphant. It is designed to prevent insurance companies and employers from denying coverage and employment to people who have a genetic predisposition to various illnesses. It also prohibits any person from requiring an individual to undergo a genetic test or to disclose the results of a genetic test as a condition of providing goods or services or entering into or continuing a contract. The enactment amends the Canada Labour Code and the Canadian Human Rights Act.

The Canadian Coalition for Genetic Fairness (CCGF), which had been lobbying for a change to the law for six years, applauded its passage. “It’s a good day because of the vote. It’s been a long time coming,” said Bev Heim-Myers, chair of the 18-member CCGF and chief executive officer of the Huntington Society of Canada.

People have been denied rental accommodations, insurance coverage and have been let go from jobs because of concerns they might one day contract serious diseases. “Many people are refusing to get a genetic test for fear of discrimination,” but the benefits of testing can be substantial, leading to early diagnosis, prevention in some cases and early, targeted treatment, she said.

CIJA, a member of CCGF, also applauded the vote. The bill’s passage is “a milestone in protecting the health and well-being of all Canadians,” said CIJA chair David Cape. “Everyone should feel comfortable to take potentially lifesaving genetic tests without fear of punitive consequences.

“As this is an issue of overlapping federal-provincial responsibility, we encourage the provinces to bring forward complementary legislation to provide full protection against genetic discrimination for all Canadians,” he added.

Trudeau opposed the bill on constitutional grounds, arguing that, by regulating insurance companies, the bill was intruding into areas that come under provincial jurisdiction.

Liberal MP Randy Boissonnault introduced motions to remove several of the bill’s sections that arguably were areas of interest to the provinces, but those amendments were rejected. Prior to the vote, he told the House that the federal government had received letters from the governments of Quebec, Manitoba and British Columbia voicing concern that the bill infringed on provincial jurisdiction on regulating contracts and on the provision of goods and services. However, a House committee that studied the bill heard from constitutional lawyers who said it did not intrude on provincial jurisdiction.

Noah Shack, CIJA’s director of policy, said the Jewish community in particular should benefit from the new law. Once enacted, “It’s something that will save lives,” he said.

Ashkenazi Jewish women have a greater chance of carrying a mutated BRCA gene than women in the general population, giving them an increased risk of developing breast cancer or cervical cancer; men carrying the gene have an increased risk of developing prostate cancer. Because of concerns they might be turned down for insurance, people refrain from getting tested for the mutation, increasing the chances they won’t take preventive measures to address the disease, Shack said. “It creates a disincentive for getting tested in the first place.”

Heim-Myers said that, after the bill passes, CCGF’s efforts will turn to the provinces, which will be urged to amend their human rights laws to prevent genetic discrimination.

– For more national Jewish news, visit cjnews.com

Inciting violence

On Feb. 6, Igor Sadikov, an elected student representative at McGill University, tweeted “punch a zionist today” (sic). The statement stirred some reaction, though not the universal revulsion that should greet incitement to political violence in Canada. The Student Society of McGill University (SSMU), on which Sadikov serves as an elected representative, has declined to condemn him or remove him from his position.

Instead, the brunt of vitriol appears to have been reserved for another member of the SSMU – one who is Jewish. At a public meeting where the violence-inciting statement of a councilor should have been the top agenda item, the tables turned and, instead, Jasmine Segal, a fellow councilor, who told the audience she is a Zionist, was singled out for condemnation.

The McGill Daily, a student-run newspaper that has an explicit policy of refusing to publish anything perceived as pro-Israel, has been a voice on campus emboldening voices like Sadikov’s. In writing about the SSMU meeting – under a header boldly declaring the article “News,” as opposed to commentary or opinion – the paper “reported” that “many at McGill and in the wider world are portraying it as an incitement to antisemitic violence.”

For the education of readers, the author of the piece explained: “This interpretation rests on the conflation of Zionism with Jewishness which, while widely believed, is in fact a misconception; many Jewish people do not identify with the settler-colonial ideology of Zionism or the goals and actions of the state of Israel.”

One member of the audience at the meeting said he felt personally threatened by Sadikov’s tweet, in response to which a student who identified herself as Palestinian declared that she felt unsafe because there is a self-avowed Zionist on council.

“Since SSMU has a social justice mandate,” she asked, according to the Daily account, “why does it allow Zionist councilors on council, when Zionist ideology is inherently [linked to] ethnically cleansing Palestinians?”

On a Facebook post after the meeting, Segal wrote about being targeted by the audience and abandoned by her colleagues on council.

“I was left isolated and alone to respond,” she wrote, in a statement that has been widely shared. “My fellow representatives sat in silence and permitted this malicious, prejudicial and unjustified attack to continue. Instead of rising to state that this abusive conduct would not be tolerated at this meeting and at McGill at large, I was left alone to answer prejudicial questions that should not have had such a platform. I was under attack and did the best I could to try and redirect to the issues of the meeting and … bring down the rising temperature in the room.”

The fact that most of Sadikov’s colleagues on the student society stood by him and that it has been Segal who has been made to feel like the wrongful party is not surprising. It is reflective of a general lack of compassion and listening, including among those who claim to be stewards of social justice and intercultural understanding.

Time was critics would specify that they are condemning policies of the Israeli government, not Israel’s right to exist. Now, the journalistic voice of students at McGill University just declares that the movement for Jewish self-determination has nothing at all to do with Jews, and a student considers themself “unsafe” in the mere presence of an individual who believes the Jewish people have a right to a homeland. Worst of all, even when someone literally calls for violence against fellow human beings, the overall reaction is not to condemn such incitement, but to turn against the Jew in the room.