justice – Jewish Independent

Fighting for women’s equality

Linda Silver Dranoff kicked off the four-part National Council of Jewish Women of Canada Women and Justice speaker series on Sept. 23. (screenshot)

National Council of Jewish Women of Canada started its four-part Women and Justice Speaker Series on Sept. 23 with retired family law lawyer Linda Silver Dranoff, who lives in Toronto.

The online setting allowed NCJWC members from across the country to be involved. The talk was opened by national president Debbie Wasserman, in Toronto, and closed by co-vice-president Debby Altow, in Vancouver; the question-and-answer period was handled by a committee chair, Bianca Krimberg, in Calgary.

Silver Dranoff’s talk was sobering, explaining how women in Canada have been defined by their subordinate role in the family, in relation to a man. She gave examples of laws that have reinforced this status, but also offered possible solutions, as legal reform has been an important part of her career. Among the books she has written is a memoir, called Fairly Equal: Lawyering the Feminist Revolution.

“Throughout human history, women were unprotected and vulnerable. Husbands controlled the purse strings, all property, any pension and the children,” she said. “A woman did not even own her own clothing, which was called ‘the wife’s paraphernalia.’ Women and children were property, not people. Once a woman was married, she was stuck, even if her husband beat or starved her. What we call domestic violence was considered, until very recently in human history, a private family matter that the state and the community did not get involved in.

“There was no divorce law in Canada until 1968,” she continued. “If a woman was guilty of marital misconduct, such as adultery, she could lose her right to have custody of her children and often even access to visit with them.”

Silver Dranoff became a lawyer in family law in 1974. At the time, she witnessed women staying in abusive marriages because they had little choice – if they left, they could become destitute and lose their children, too. “Marital misconduct ended any right to financial support, even if it happened after separation and divorce,” she said, explaining that settlement agreements often included a dum casta clause, a “while chaste” clause.

If a woman left her abusive husband, she said, anyone helping or harbouring her could be charged as a criminal. “This was an offence in our criminal law until the 1970s – that’s how recently it was. The law permitted a man to disinherit his wife and leave her destitute, no matter how long they’d been married and even if she was the model of a perfect wife.

“The husband controlled the wife’s reproduction. Contraception and abortion were criminal offences. A husband and wife were considered one person in law – the husband. This concept of the legal unity of husband and wife is what allowed a man to control his wife in every respect.” Until 1983, a husband could legally rape his wife – “marriage was considered consent to conjugal relations,” explained Silver Dranoff, who stressed that, of course, many men didn’t take advantage of their power – “but those who did could do so with impunity” and with legal sanction.

In addition to these restrictions, married women were discouraged from working outside the home. “In 1941,” said Silver Dranoff, “fewer than four percent of married women were employed. It wasn’t until 1955 that married women were eligible to be employed in the federal civil service. In any event, there was almost no publicly supported childcare – this actively discouraged women from employment. Even if women worked, usually out of necessity, there were no laws protecting them from discrimination in employment.” This meant that women could legally be paid less, disregarded for promotion consideration and fired if a man needed a job. “There was no law against sexual harassment in the workplace; it didn’t even exist until the early 1980s in law.”

In the public arena, said Silver Dranoff, “women were invisible.” While most women have had the right to vote since 1918 – a right won by the efforts of the first-wave women’s movement – government policy usually overlooked issues of concern to women. “Only five women were elected to Parliament before 1950,” she said. “It wasn’t until 1957 that the first woman ever was appointed as a federal cabinet minister. And a woman lawyer was a rarity – in 1951, there were 197 women lawyers in all of Canada out of a total of 9,000.”

This was the world in which Silver Dranoff grew up, and it energized and impelled her to action, as it did others. “I believe the most significant transformation allowing women a less dependent role in society came about when women could control our reproductive powers,” she said. “The birth control pill was developed in 1961. While contraception and abortion were still criminal offences, the pill gradually became publicly available in the 1960s, and that is when the second-wave women’s movement began.”

Women’s groups proliferated in the 1970s and 1980s. “The National Action Committee on the Status of Women comprised most of the major women’s organizations of the day, totalling, at its height, 700 women’s organizations that all gathered together to promote the rights of women with one voice.”

Silver Dranoff went to law school in 1969. She was a single parent with a 2-year-old and had been out of school for eight years. “Other women were also seeing a life outside the family as a possibility,” she said. “In my law school class, there were 14 women out of 300; we were five percent of the class. Had I attended eight years earlier, when I graduated from history, I would have been the only woman in a law school class in Toronto.”

With more women lawyers, there was more pressure for change and Silver Dranoff spoke about some of the advances that have been made in family law reform, Charter equality rights, abortion, violence against women, childcare, pay equity, and representation and power.

When Silver Dranoff came to the bar in 1974, women had no right to share property accumulated during a marriage, and spousal and child support amounts were “paltry and difficult to enforce.” By the 1980s across Canada, improvements had been made both in multiple laws and in their enforcement. “These changes enabled women to leave bad marriages and live independently,” she said.

However, there is more to be done. Husbands and their lawyers still “use the legal system and its processes and delays as a club to intimidate women.” As well, she added, “It is often too expensive to seek the rights which the law gives, and legal aid is severely underfunded.” Another problem is that mediation and arbitration are replacing the courts in some cases and, “as a result, women may be encouraged to make a deal that doesn’t give them the benefit of the laws we fought long and hard for.”

When the Canadian Constitution was repatriated from Great Britain in 1982, a new Charter of Rights and Freedoms was enacted. Women’s groups lobbied the government of the day, led by then-prime minister Pierre Trudeau, “to include constitutionally entrenched equality rights in the Charter – by the way, a right that American women still don’t have. Our women lawyers provided the wording to protect us, using the lessons taught by the ineffective Bill of Rights passed in the 1950s.”

One of those lessons was the need to make sure the rights were actually protected. “We had to lobby, we had to organize, we had to participate in court cases that would affect our equality rights. So, we founded the Women’s Legal and Educational Action Fund, known as LEAF, in 1985, when equality rights came into effect, to try and ensure that court interpretations of the Charter did not erode, but enhanced and ensured women’s equality rights.”

In the late 1960s, Trudeau, as justice minister under then-prime minister Lester B. Pearson, brought in amendments to the Criminal Code that permitted abortion under defined conditions. The amendments did not legalize abortion, but said the prohibition would not operate if a medical committee deemed a pregnant woman’s life to be in danger if she carried to term. This law did not work, said Silver Dranoff. Among other things, there was inconsistency among hospital abortion committees in rulings and there were no guidelines on what constituted endangerment.

“Dr. Henry Morgentaler became women’s champion,” she said. “He opened a clinic in Montreal and women traveled there from across Canada to be assured of getting and having a safe abortion.”

Morgentaler challenged the medical committee law, she said, and his goal was to get abortion removed as an offence under the Criminal Code; he also challenged provincial laws. “The main challenge was decided in 1988 by the Supreme Court of Canada,” said Silver Dranoff, “which agreed with defence counsel’s constitutional argument that the abortion provisions of the Criminal Code breached the rights of Section 7 of the Charter to life, liberty and security of the person and, therefore, was unconstitutional.”

There is no longer any federal law preventing or criminalizing abortion, or requiring anyone’s consent to the procedure other than that of the pregnant woman. There have been challenges to the change, though, including the federal government under then-prime minister Brian Mulroney, which tried twice – unsuccessfully – to form an anti-abortion law that wouldn’t violate the Charter.

“This shows how important it is to keep vigilant and organized and focused,” said Silver Dranoff. “There’s no such thing as a permanent victory, only a continuing struggle.”

A case in point is the progress that has been made with respect to dealing with violence against women. The courts used to accept the argument that, if a woman had ever had sex before with anyone, she probably consented to the approach by the accused. Victims can no longer be cross-examined on their previous sexual experience, unless the trial judge determines there is some compelling reason to allow it, said Silver Dranoff. However, “victims are still being mistreated by the courts,” she said. “As a result, many women are reluctant to complain.”

In addition to a need for more education of lawyers, police and others in the system before attitudes will change, Silver Dranoff spoke of the need for prevention, offering the example of proactive imprisonment, which is practised in some communities in the United States. Whereas a bail hearing assesses whether an accused is likely to flee before trial, this process assesses how likely an accused is to murder their accuser. If the risk of murder is high, the accused would be imprisoned until their trial and the victim (and their children) would be able to stay at home instead of having to seek shelter and protection, for example.

“I think it’s a plan that’s worthy of consideration in Canada,” said Silver Dranoff. “We also need gun control. In the hands of men who are violent against women, guns are dangerous. And the only way to control violent men using guns is to control guns. Canadian statistics show that access to firearms by an intimate partner increases the likelihood of murder by 500%.”

Childcare is another integral issue, she said. “I personally think that women will never be able to take their full place in our workforce unless we have proper health- and childcare. We need government-paid, government-subsidized childcare centres, regulated places for our children to go and be cared for while women are employed in the paid labour force.”

She said that, 50 years ago, in 1970, the importance of childcare was recognized in the Royal Commission on the Status of Women, “which called for a national childcare plan. The royal commission identified the care of children as the responsibility to be shared by mothers, fathers and society, without which, women cannot be accorded true equality. Just as true today as it was in 1970.”

She pointed to other instances in which a national childcare program had been recommended or dismissed by a federal government. Most recently, on Sept. 23, Prime Minister Justin Trudeau’s government “announced plans for a significant long-term investment in a national childcare and early-learning system, including before- and after-school care, and built on the [publicly funded] Quebec model.”

Silver Dranoff warned that government announcements, and even the making of laws, do not necessarily translate into changes. In Ontario, for example, there have been equal pay laws since 1951, she said, while the Pay Equity Act, which applied to the federal public service, didn’t come until 1984. Changes to the various laws have occurred as a result of complaints from workers, she said, and different governments and employers have either progressed or hindered pay equity.

“Statistics tell the story, too,” she said. “In 1965, women earned, on average, 41% of men’s pay…. Today, Ontario women earn, on average, 70 cents for every dollar a man earns.” While an improvement, it took more than 50 years and it’s not good enough, she said. “These statistics repeat themselves all over the world. Women are still paid less than men in every country in the world, according to research by the World Economic Forum.” And the pay gap is even larger for Indigenous, racialized and immigrant women, she said.

Potential solutions include a law requiring pay transparency, wherein a wage is assigned to a particular job, not the gender of the person filling it, and requiring companies to get equal pay certification from the government or be fined. The latter policy has been implemented in Iceland, she said.

After a few more examples of ways to improve pay equity, Silver Dranoff moved on to her final topic – representation and power. She noted that, in 2013, there were six female premiers, now there is only one (Caroline Cochrane, in the Northwest Territories).

“We need more women in positions of power and we’re having great difficulty in achieving it,” said Silver Dranoff. One deterrent is that women in politics receive significantly more abuse and nastiness than male politicians. Much of this abuse is online in social media and even anonymous; two factors contributing to the fact that few perpetrators are charged or convicted.

She said, “The law could be strengthened in this way: make social media platforms legally responsible for the content they post, just as newspapers have a responsibility to ensure that the content they print is not defamatory.”

She noted there are no provisions in the Criminal Code for online bullying, online criminal harassment, online misogyny. “The Criminal Code only deals with in-person offences,” she said. Of course, to make these types of new laws work, she added, anonymity on the internet must be curtailed or eliminated.

To sustain the advances made by the women’s movement, she said, “Feminists must run for office and be elected. Parties must nominate feminists in electable ridings.”

In Silver Dranoff’s use of the term, feminists can be any gender, just as patriarchs can be any gender. Not every woman, she said, will stand up for the interests of women.

In addition to electoral reform – she believes that proportional representation of the mixed member proportional type is the best bet, “both for society as a whole and for women in particular because it requires consensus decision-making” – Silver Dranoff would like to see changes made in the corporate world, as well. She sees a need for things like mandatory quotas for women on boards, to ensure equal representation. “Voluntary doesn’t work,” she said.

Canada also needs a national women’s organization, she said, “like we had in the early days of the women’s movement. The National Action Committee on the Status of Women represented all of us…. We need that national voice to ensure that women’s issues are monitored and our interests are heard.”

Such an organization should not be dependent on government funding, she said, “which can be, and has been, withdrawn due to the ideology of the day. And, in fact, that’s what happened to NAC in the end. The National Action Committee was relying on government funding and an unsympathetic government removed it.”

Women cannot just accept the status quo, she said, or “that makes us complicit.”

She concluded, “My message to you all is carpe diem, seize the day. There is work to be done. It is, without a doubt, long past time for women to achieve equality and justice.”

***

Note: This article has been amended to make clear that it was married women who weren’t permitted to work in the federal public sector until 1955.

Do we care about being fair?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Starting repair process

Among the many things this year has brought us is a reconsideration of race, equality and justice, spurred in part by racism and racially motivated violence, not least that perpetrated by police. In response, the Jewish community, locally and in the United States and beyond, is engaged in a discussion about how to respond as individuals and as a community.

Jews have long been involved in advancing racial equality and other progressive issues. Hundreds of U.S. Jewish organizations and individuals recently signed on to a message of support for the Black Lives Matter movement, despite some concerns by some about antisemitism in small parts of that movement. What too few have done, as we read the news from Kenosha or Louisville or other cities roiled by racist and civil unrest, is consider the issue from a perspective that is closer to home.

Earlier this year, three Jews of colour began a modest movement to specifically raise this topic more visibly, forming a group called No Silence on Race, which issued an open letter “from Black Jews, non-Black Jews of colour and our allies to Jewish organizations in Canada.” (See story at jewishindependent.ca/working-to-advance-equality and their website, nosilenceonrace.ca.) The letter asked organizations in the community to take tangible steps based on nine pillars they outlined: allyship, education, Indigenous education, equity consultancy, employment, anti-racism advisory, JOC leadership, programming and partnerships, and JOC voices. The Jewish Independent endorses this letter.

The letter requested that organizations in the community consider making a statement detailing tangible ways they will seek to hear, engage with and empower Jewish people of colour. In response, the editorial board of the Independent has met as a group and also individually considered these issues. We offer this statement in an effort to voice our commitment to equity and justice for Jews of colour within our community and within the specific scope of our own organization, the community newspaper of Jewish British Columbians. We believe that not all nine pillars are specifically applicable to the unique role that a news platform plays in the community, though as we proceed along this process, we remain open to reconsidering all assumptions.

In demonstrating allyship, in particular, there are several specific, tangible, realizable goals we have identified and to which we commit to undertake. These include:

Redoubling our efforts to feature stories involving Jews of colour, their experiences, lives, accomplishments, challenges, specific issues, and events, as well as addressing intra-community conflicts and reconciliations between Jews of colour and the broader Jewish community;
Continuing to advance a model of journalism that encourages reconciliation between Indigenous Canadians, Jews and all Canadians;
Intentionally holding space for new and less frequently heard voices, including prioritizing writers who are Jews of colour and gender-diverse people, and actively seek out such voices, recognizing the deep well of experience and expression that has not traditionally been heard or amplified;
Partnering with, and encouraging others to partner with, individuals and organizations that elevate a diverse range of Jewish diasporas, histories and lived experiences;
Undertaking to learn and exemplify diverse ways to understand language, gender, ability and other forms of human difference;
Amplifying, through our coverage, resources from other community organizations dedicated to these goals, in the interest of education and sharing resources;
Encouraging, in our reporting and commentary, inclusive and progressive decision-making around community allocations and fundraising, and engaging in educating about a vision of community philanthropy that advances these objectives.

We make these commitments conscious of our shortcomings as individuals and as a small, struggling community institution, and strive for their fruition to the best of our abilities.

We recognize and appreciate the emotional labour required by Jews of colour, and of others who are self-advocating, and will strive to minimize this burden through self-education and using existing resources that do not place added demands on individuals and organizations engaged in this critical work.

You are likely reading this still in the Jewish month of Elul, traditionally a time to reflect on our actions over the year and to ready ourselves for the power of the High Holidays. Indeed, the Jewish concept of teshuva, of atonement, literally “return,” provides a roadmap for doing things differently and better. For those transgressions between people, wrongs must be righted and forgiveness is only possible from the person we’ve harmed. We invite you – individuals and community institutions alike – to join us as we use this time to consider specific, actionable ways each of us may take responsibility for repairing any damage we may have done to beloved members of our community who have been excluded, questioned, silenced, marginalized or otherwise made to feel outside. At the Independent, we do this reflection and the work of repair with joy and a sense of purpose. Wishing each one of you a shana tova u’metuka, a good and sweet year.

A focus on the environment

Transportation and sustainability consultant Tanya Paz, centre, participates in Tu b’Shevat Circle: Teachings from the Earth, an event spearheaded by Or Shalom Synagogue in partnership with Jewish Family Services, JQT Vancouver and UNIT/PITT Society for Art and Critical Awareness. Or Shalom’s Rabbi Hannah Dresner is seated on the stool to Paz’s right. (photo by Matt Hanns Schroeter)

More than two dozen individuals whose work involves food security and climate change issues met on Feb. 9 for Tu b’Shevat Circle: Teachings from the Earth, an event spearheaded by Or Shalom Synagogue in partnership with Jewish Family Services, JQT Vancouver and UNIT/PITT Society for Art and Critical Awareness.

Those who gathered work or devote time to such organizations as Grandview Woodland Food Connection, Sustainabiliteens, Coquitlam Farmers Market and Extinction Rebellion. They came together to explore various topics, including how their Jewishness intersects with their work in secular organizations, envisioning a sustainable world and the Jewish community’s role in social justice.

“I noticed that so many of these organizations are spearheaded by young Jews and felt it important to create an opportunity for them to see one another and recognize this aspect of kinship in their work … and whether this commonality enhances the work, draws them into kinship or stimulates any collaboration,” said Or Shalom’s Rabbi Hannah Dresner.

Or Shalom brought on Carmel Tanaka to organize a gathering. Through meetings with young adults and stakeholder groups, Tanaka met a number of people whose careers relate to food security and social justice, but most weren’t working for Jewish organizations nor were they connected to one another within a Jewish context. She and Dresner agreed it was worth bringing them together to see what conversations would blossom.

Tanja Demajo, chief executive officer of Jewish Family Services, said JFS provided funding for the event because they believed in the value of the project.

“There are a lot of Jewish and young Jewish people who are interested in food security and questions of accessibility, which is very interesting from a perspective of … whether this work is modulated by [Jewish] values and how this translates to day-to-day practice,” she said. “At the end of the day, it didn’t really matter if the different participants were working in a Jewish or non-Jewish community.”

Some attendees revealed that, for them, being Jewish is secondary to their focus on environmental issues.

“The room was full of people who identify in varying degrees with their Jewishness and, for some, it’s an important aspect of their identity and, for others, it isn’t integral,” Tanaka said.

Dresner spoke to the indelible connection between environmental action and Judaism. “In my understanding of Judaism, saving our world is at the heart of what it means to have a Jewish spiritual life,” she said. “Creative energy, or the vitality of spirit, is always flowing toward us. It’s what I’d call the ‘world that’s always coming,’ or the ongoing nature of creation. We can encourage and aid this vitality, helping to direct it where most needed, or we can impede the flow. When we are selfish and impede creative flow, the result is a deprivation of generative spirit, spirit denied to corners of creation, and we see results like species blinking into extinction.”

The rabbi wants to spend more time with young Jews working in social justice. “The Judaism I believe in mandates their work as the highest mitzvah of our moment,” she said. “It’s a misconception born of the compartmentalized Judaism in which many of us were raised not to understand that attention to the environment is a Jewish priority.”

Aaron Robinson, chair of Grow Local Society Tri-Cities, a food security group that runs the Coquitlam Farmers Market, said his work for the organization won’t ever have a Jewish mandate, but his Judaism is tied into what he does. “Personally, I can never underestimate the role that Jewish values play in the way I see the world, especially when it comes to tikkun olam,” he said, adding, “I guess it’s become engrained in me, but it was nice to bring it back to the surface to see, wow, there is this Jewish connection to all this work that we’re doing.”

Robinson appreciated the opportunity to connect with other Jews working in similar fields and hopes the conversations will continue.

Some people discussed not feeling supported by the Jewish community to undertake the work they do within a Jewish context. Tanaka said she believes the Vancouver Jewish community hasn’t focused attention on these issues until recently, citing the 2019 climate march and protests as a galvanizing factor, and said it’s time for the local community “to support young Jewish adults who are doing this kind of work … because these are Jewish issues at the end of the day.”

Some at the event suggested funding for environmental advocacy was needed. Dresner said there was also a desire for bridge building. “They seem to be asking for an arm of organized Jewish community to create some occasional containers for their gathering, just to share within the hybrid of their niche or to explore potential collaborations,” she said. “Or Shalom will be looking at finding funding to continue holding this group and its outgrowth in a loose, nurturing embrace.”

Demajo said the JFS food security program has already benefited from the event. “Being exposed to more city-wide programs and initiatives and being exposed to all different voices gives a different perspective to JFS,” she said, “because it opens up new ideas.”

Shelley Stein-Wotten is a freelance journalist and comedy writer. She has won awards for her creative non-fiction and screenwriting and enjoys writing about the arts and environmental issues. She is based on Vancouver Island.

Promoting fair trade in Israel

Raz Frogel (photo from Fair Trade Israel)

Raz Frogel, 23, has taken it upon himself to increase the number of fair trade items on Israeli store shelves.

Frogel, who lives in Dror Israel commune in Haifa, first read about child labour and improper working conditions when he was 16 years old. The article was about people working in cocoa fields and, after reading it, he announced to his parents that he would no longer eat chocolate, and explained why. He then spent the next two years in search of a solution.

“When I was 18 years old, I found fair trade and started doing research about it and looked into where I could find fair trade products,” Frogel told the Independent. “When I was released from the army, I started the fair trade movement in Israel.”

In his research, Frogel came across a 2016 article in the Independent: jewishindependent.ca/many-benefits-of-fair-trade.

“I realized nobody in Israel tried to promote fair trade or was trying to change the situation,” said Frogel. So, he took on the responsibility “and started to spread word of fair trade in Haifa, trying to make Haifa the first Fair Trade City in Israel. There are 2,000 cities in the world with the designation of fair trade towns,” he said, “but none in Israel.”

Frogel said many people try to shame companies into becoming fair trade employers, but he sees this as a wrongheaded approach, akin to movements and groups promoting the boycott of Israeli companies and products.

“We try to focus on the good companies and give them our support, and not on companies with what we see as wrong or bad practices,” he said. “I don’t want to shame anybody. I just want everybody to go fair trade.”

As a first step to achieve this goal, Frogel is trying to raise awareness.

“When you walk on a street in Israel, you can ask 10 people what fair trade is and maybe one will know,” he said. “So, before we can go to the companies and ask for fair trade products and change behaviour, we need to educate the public, create awareness.

“Ten years ago, there were no vegan products in Israel, but, when the community and demand grew and grew … there is now no coffee shop without soy milk or something like that. So, with fair trade, we need to copy this process. We need to raise awareness, create demand, and create communities that create demand. Then, we need to go to companies and ask for fair trade products.”

About 20% of Israelis live in poverty, the majority of whom are women, some of whom are paid less than minimum wage and suffer from other unfair labour practices. With this in mind, Frogel connected with an organization working to empower women. So far, Achoti (My Sister) is the only business in Israel that uses fair trade.

While fair trade in the food industry is a relatively known issue, Frogel pointed out that the fashion industry is also problematic.

If workers need to be paid more, that extra cost could be added to the price of the product. But, the extra money paid to the workers could come from another part of the industry chain. And, while investors want the highest possible return, it is up to us – the end users – to determine the value of a product by voting with our dollars or shekels, said Frogel. If the demand is high enough, more producers could be encouraged to enter the market, thereby increasing supply and placing a downward pressure on prices.

“I think there is no price to pay,” contended Frogel, “because, when you look at the U.K., the cheapest products in the store are fair trade, like Cadbury or Nestle … and Starbucks. When you look at fair trade in places where it’s common, it’s cheaper than non-fair trade products. When we talk to people, we try to explain to them that, when there is a demand, the prices of products will come down and everybody can support it.

“Right now, it’s very expensive to buy fair trade in Israel,” he admitted. “I can’t lie. But, we’re working on it and I don’t think fair trade should be more expensive.”

While Frogel is working on bringing fair trade to Israel, he hopes that readers will join the global movement, wherever they are, and join a local fair trade initiative to promote it in their communities.

Currently, Fair Trade Israel has a Facebook presence and the organization can offer tax receipts to donors through Achoti.

“We are trying to raise Friends of Fair Trade, wanting to raise a lot of support from all over the world, to show that fair trade is part of Jewish values,” said Frogel. He wants to see Israel become “a fair trade movement leader.”

Starting by focusing on Haifa, and Israel in general, Frogel is organizing events and doing advocacy work in schools and businesses. As far as getting Haifa recognized as a Fair Trade City, he is working to fulfil the requirements for such recognition, such as attaining a high level of fair trade awareness and product availability. “We have a lot of support from the city council and have a group of great people leading this project,” said Frogel. “We have stores with fair trade products, but not in every neighbourhood. We started programs in schools in the last month and we have special programs on campuses to raise fair trade awareness and product availability.”

For more information, visit achoti.com (which is in Hebrew) or contact Frogel at [email protected]

Rebeca Kuropatwa is a Winnipeg freelance writer.

Justice visits Richmond

Justice Richard H. Bernstein, of the Michigan Supreme Court, speaks in Richmond on Nov. 17. (photo from Chabad Richmond)

Michigan Supreme Court Justice Richard H. Bernstein will speak at the Hilton Vancouver Airport Hotel in Richmond on Nov. 17. The event, co-hosted by Chabad Richmond and the Jewish Learning Institute, is called Blind Justice.

“It will feature the inspiring life story and remarkable achievements of this brilliant, blind justice who has overcome countless challenges,” said Rabbi Yechiel Baitelman, director of Chabad Richmond. “Aside from his many legal accomplishments, Justice Bernstein has run 23 marathons and completed an Ironman triathlon, the Israman triathlon’s half Ironman in Eilat.”

Blind since birth, Bernstein became the first blind justice elected to the Michigan Supreme Court in 2014. A Phi Beta Kappa graduate of the University of Michigan, he earned his juris doctorate from Northwestern University School of Law. Even prior to becoming a justice, while working as an attorney for the Sam Bernstein Law Firm, he was known for being an advocate for the rights of people with disabilities.

Bernstein’s cases often set national standards protecting people’s rights and safety. He successfully partnered with the United States Department of Justice to force the City of Detroit to instal wheelchair lifts in city buses, establishing a precedent for accessibility in public transportation. In a landmark settlement against Delta Airlines and Detroit Metro Airport, Bernstein gained accessibility for travelers with disabilities, helping set the standard by which airlines and airports are to be covered under the Americans with Disabilities Act of 1990.

Bernstein also challenged the City of New York to make Central Park and all parks safer for visitors and accessible for individuals with disabilities, including those with visual impairments. This came after he sustained a serious injury in 2012, when he was struck by a speeding cyclist while walking in Central Park.

The justice’s honours include Michiganian of the Year from the Detroit News; one of Crain’s Detroit Business 40 Under 40; and recognition by CNN as a leader in keeping government honest. He was selected by the Young Lawyers Section of the State Bar of Michigan as the 2003-2004 Regeana Myrick Outstanding Young Lawyer Award recipient for exceptional commitment to public service, and is the recipient of the 2008 John W. Cummiskey Pro Bono Award from the State Bar of Michigan, in recognition of his leadership as an advocate and activist.

Michigan Lawyers Weekly named Bernstein a 2009 Leader in the Law and the University of Michigan presented him with the James T. Neubacher Award in 2011, for his commitment to equal rights and opportunities for people with disabilities. Also in 2011, L. Brooks Patterson, Michigan’s Oakland county executive, selected Bernstein as one of the region’s Elite 40 Under 40. In 2013, Bernstein was inducted into the National Jewish Sports Hall of Fame.

On Nov. 17, Blind Justice starts at 7:30 p.m. Tickets are $25 in advance, $35 at the door, and $15 for students; the cost for preferred seating is $40 and the VIP meet-and-greet is $180 per couple. To register or for information, call 604-277-6427 or email [email protected].

People are not bricks in a wall

Shabbat, Nov. 2
Noach, Genesis 6:9-11:32
Haftarah, Isaiah 54:1-55:5

W.C. Fields said, “Never work with animals or children, [they steal the spotlight].” Though no one ever accused him of being a Torah scholar, his insight was certainly applicable to last week’s Torah portion.

Parashat Noach, the second portion in the Book of Genesis (and my bar mitzvah portion) is perhaps the most universally known and, at least by children, most adored portion in the entire Torah. This is in part, no doubt, because it has not one animal, but all animals – and they come in pairs! So beloved and recognizable is this Torah portion that we tend to forget that there is more to it than the animals coming on the ark, two by two, the dove sent to find dry land, the rainbow, and our ancient ship builder, Noah. Tucked in at the end of the portion that bears his name is a small, poignant story about how the people (Noah’s descendants) focused their energies after the waters and fear receded, and they were once again on dry land.

We are told: “All the earth had the same language and the same words … they came upon a valley in the land of Shinar and settled there…. Then they said, ‘Come, let us build a city with a tower that reaches the sky, so that we can make a name for ourselves and not be scattered over all the earth!’” (Genesis 11:1-:4)

A midrash explains: “Many, many years passed in building the tower. It reached so great a height that it took a year to mount to the top. A brick was, therefore, more precious in the sight of the builders than a human being. If a man fell down and met his death, none took notice of it: but, if a brick dropped, they wept, because it would take a year to replace it. So intent were they upon accomplishing their purpose that they would not permit a pregnant woman to interrupt herself in her work of brick-making when she went into labour. Molding bricks, she gave birth to her child and, tying it round her body in a sheet, she went on molding bricks.” (“Yashar Noah,” in Louis Ginzberg, The Legends of the Jews, 1909)

How do you measure your day? I once asked my friend who is a bricklayer this question, and he explained that the universal standard for a good day of bricklaying is 1,000 bricks day. It got me thinking, what would my 1,000-brick-day look like? What is my universal standard for a successful day?

As a parent, I could say it’s getting all the kids washed, fed, off to school and then to soccer or hockey, and back home again. Then it’s getting them to do their homework, brush their teeth and get to bed at a reasonable hour.

As a working adult, I could say it’s getting to work on time and responding to all my emails and messages – the modern-day equivalent of bricks. Then it’s meeting with constituents, handling synagogue programs and business, and getting home in time for dinner with my family.

What makes those days good days is not the quantity of work I do or the number of interactions I have, it’s the quality. The bricklayer, if reasonably competent at his task, can be irritable, antisocial, half asleep and day dreaming as he lays each brick. He can take his anger out on the bricks; he can curse at the bricks as he shleps them up the wall. He can listen to music, talk on his cellphone; it doesn’t matter. As long as the wall is solid at the end of his day and it contains 1,000 new bricks, it’s a good day of bricklaying.

But people are not bricks: we can’t take out our anger on people without consequence. We can’t ignore them or tune them out if the purpose of our day is to interact with them with care, compassion and attention. The great sin of the Tower of Babel’s builders was that they treated people like bricks and bricks like people. They wasted the one thing that set them apart from machines, which, had they existed in ancient times, could have helped build the Tower even better – they neglected their own humanity. When the bricks of our life become more important than the people in it, we, too, build a tower that is an affront to the purpose of our creation.

The midrash continues that, after God confounded the people’s language and scattered the people throughout the globe, the tower

remained: “a part sank into the earth and another part was consumed by fire; only one-third of it remained standing. The place of the tower has never lost its peculiar quality. Whoever passes it forgets all he knows.” (ibid., Ginzberg)

When we treat people like bricks, we forget what we know about ourselves and about others. We forget that the measure of our day is not how many bricks we lay, how many emails we answer, how many lunches we pack, how many children we shlep: the measure of our day is whether each person we touch, including ourselves, feels valued as a person, a blessing and a gift from God in our lives – not a brick.

Rabbi Dan Moskovitz is senior rabbi at Temple Sholom and author of The Men’s Seder (MRJ Publishing). He is also chair of the Reform Rabbis of Canada. His writing and perspective on Judaism appear in major print and digital media internationally. This article originally appeared on reformjudaism.org.

Vital, relevant culture

Tale of the Eastside Lantern’s Shon Wong and Rosa Cheng. (photo by David Cooper)

Among the many artists participating in this year’s Downtown Eastside Heart of the City Festival is Jewish community member Elliot Polsky. The multi-percussionist joins the Son of James Band in Tale of the Eastside Lantern, a workshop presentation of a new hybrid Chinese rock opera.

From Oct. 30 to Nov. 10, the annual Heart of the City offers 12 days of music, stories, theatre, poetry, cultural celebrations, films, dance, readings, forums, workshops, discussions, gallery exhibits, mixed media, art talks, history talks and history walks. More than 100 events are scheduled to take place at more than 40 locations throughout the Downtown Eastside. This year’s theme – “Holding the Light” – has emerged from the need of Downtown Eastside-involved artists and residents to illuminate the vitality and relevance of the Downtown Eastside community and its diverse traditions, knowledge systems, ancestral languages, cultural roots and stories.

Tale of the Eastside Lantern is one of the top festival picks: “In the streets and shops of Vancouver’s Chinatown, Jimmy wrestles with his personal demons and sets out to solve a mystery that is guarded by Chinese opera spirits of the underworld. Jimmy is led by the sounds of rock music and motivated by the oldest feeling in the world … love.” Written and composed by Shon Wong and directed by Andy Toth, the rock opera is produced by Vancouver Cantonese Opera and Son of James Band in partnership with Vancouver Moving Theatre. Performed in English and Cantonese, the workshop presentation takes place Oct. 31, 8 p.m., at CBC Studio 700. Tickets ($15) are available at the door or in advance from eastsidelantern2.eventbrite.ca.

Another top pick is Sis Ne’ Bi -Yïz: Mother Bear Speaks, written and performed by Taninli Wright (Wet’suwet’en) about her Messenger of Hope Walk – she walked 1,600 kilometres across British Columbia to give voice to First Nations children and other marginalized youth. Developed in collaboration with Laura Barron, Jason Clift, Julie McIsaac and Jessica Schacht, the play is produced by Instruments of Change. There are several performances Oct. 30-Nov. 3 at Firehall Arts Centre. For advance tickets ($20/$15), call 604-689-0926 or visit [email protected].

Written and performed by Yvonne Wallace (Lilwat) and directed by Jefferson Guzman, ūtszan (to make things better) follows the journey of a woman to reclaim her language; in the process, she uncovers indigenous knowledge, humour, strength and resilience. The play has three shows at the Firehall Oct. 31-Nov. 2, with tickets ($20/$15) available at the door and in advance.

Of special interest to the Jewish community, whose oral histories form part of Daphne Marlatt and Carole Itter’s Opening Doors: Vancouver’s East End, is the dramatization of that book, which was first published in 1979. Directed by Donna Spencer and co-produced by the Firehall and Vancouver Moving Theatre, Opening Doors has several performances Nov. 6-9 at the Firehall, with tickets $20/$15.

While there are these and other ticketed shows, most of the festival events are free to attend. For example, on Nov. 2, 11 a.m., at CRAB Park, there is a mini-landing of canoes, featuring a welcome ceremony, after which paddlers and guests journey on land to the Police Museum and the exhibition Healing Waters, an exploration of how communities heal through connecting to cultural practice. This landing, in honour of the inaugural Pulling Together canoe journey in 2001, launches a year of story gathering and history sharing in preparation for the 20th anniversary celebration of the Pulling Together Society at next year’s Heart of the City.

In Speaking in Tongues, guests Woody Morrison, David Ng, Grace Eiko Thomson and Dalannah Gail Bowen discuss mother tongues and how their interactions can give birth to hybrid languages such as Japanese Pidgin, which is unique to the West Coast of Canada. This conversation is part of Homing Pidgin, an interactive installation by Haruko Okano, and takes place on Nov. 2, 1 p.m., at Centre A (205-268 Keefer).

Meanwhile, Irreparable Harm? is by Sinister Sisters Ensemble – activists and theatre folk, young and old, First Nations and settlers, many of whom were arrested in the protests against the twinning of the Trans Mountain Pipeline. It uses videos, transcripts of the court proceedings and statements that were read in the courtroom to shine a light on the justice system. It is at Carnegie Theatre on Nov. 8, 3 p.m.

For full festival details, visit heartofthecityfestival.com.

Will jail curb hater?

The sentencing of a notorious hate promoter in Toronto last week is, in some ways, evidence that our country’s laws and norms against targeting identifiable groups are working.

James Sears, editor of Your Ward News, a propaganda sheet distributed periodically to 300,000 households in Toronto and area, was sentenced to two consecutive six-month terms in jail. His paper is filled with bigotry and hatred, especially targeting Jews, women and LGBTQ+ people. He is obsessed with the Rothschild family, denies the Holocaust, dabbles in bizarre racial theories and celebrates rape. One issue invited volunteers to join an Adolf Hitler Fan Club. He and a co-conspirator, publisher LeRoy St. Germaine, were found guilty in January of promoting hatred against women and Jews. St. Germaine is yet to be sentenced.

The Centre for Israel and Jewish Affairs, among others, praised the judge’s sentence. In fact, the judge openly expressed his wish that he had the legal power to hand down a harsher sentence.

Unlike the United States, where constitutional freedoms make it legal to express almost anything but overt death threats or yelling fire in a crowded hall, Canada’s laws place limits on acceptable discourse. This is, it has seemed, a consensus position that we as a society have accepted as justifiable limits on our freedoms for the greater good. In practice, convictions on the basis of hate speech are exceedingly rare. More common are hearings and decisions via our network of human rights commissions, which provide a quasi-judicial recourse for victims. Neither of these systems is perfect. But cases like Sears’ indicate that, when necessary, they can have the appropriate outcomes.

We hesitate to call this good news, however. Justice may be served but, in the long run, what is gained? A happy ending would have been a society in which ideas like Sears’ are nonexistent. A more realistic world might be one in which some form of restorative justice is the sentence, some construction in which Sears and St. Germaine learn from their victims about the harm they have inflicted and perhaps come to see the humanity of the people they vilify. Instead, Sears will spend a year (or four months, depending on parole) stewing over what he doubtlessly interprets as some heinous injustice perpetrated against him by the imagined forces of evil. Justice is served, probably, but is the larger cause of social cohesion and mutual understanding?

Erice Dee joins Vines festival

Erica Dee curated the show Weaving Voices, which takes place Aug. 9 at CRAB Park at Portside. (photo from Vines Art Festival)

Weaving Voices features Jewish community member Erica Dee, Tonye, Miss Christie Lee, Janelle Reid and Sara Cadeau, with instrumentalists Sean Mitchell and Jonny Tobin. The performance at this year’s Vines Art Festival on Aug. 9 is based on Dee’s singing workshop, Sing for the Soul.

Dee has been offering the group singing classes over the past two years. “This has been one of my favourite projects I have ever created and it has inspired me to write a whole new album and live performance,” Dee told the Independent. “Sometime in 2020, I will release this new project with a new name and it is very different from anything I have performed. It will be a live, multi-sensory experience that is meant for listening rooms and theatres, or parks. And I will activate the spaces with my singing workshop prior to the show and then include the participants in my live performance. I won’t share the name yet, but it does include my family’s name in it.”

Dee’s cultural heritage includes Jewish and Italian roots, and jazz on both sides of the family. Her paternal grandparents are Evelyn Stieglitz (z’l) and Murray Landsberg, who she described as “the sweetest Jewish couple, who met in the Bronx in the 1930s. They were 13 and 15 and they were together until my grandmother past away a couple years ago. My father, Paul Landsberg, is a prolific jazz guitarist, who started his career teaching at Berklee College of Music in Boston, Mass. My mother, Rita Marie, was born to Rita Shirley Dallesandro and Jim Smith. Rita Shirley’s brothers, Frankie and Arthur, started a jazz big band in the ’50s called the Dellasandro’s, where they played saxophone and clarinet.”

Born Erica Dee Landsberg in Boston, Mass., Dee goes by only her first and middles names. She grew up “in the mountains of the Sinixt Territory (Nelson, B.C.). My mother, father, sister and I moved to the Kootenays in 1989 because my father helped start Selkirk College’s music program.”

Expressing her gratitude at being a Canadian citizen, Dee said she first moved to Vancouver in 2005, a couple months after graduating high school. “I followed my passion,” she said, “as I had already been performing and writing and I was ready to move to the big city to expand my artistry. I also followed my heart here, after falling deeply in love with a female DJ and producer who was running Vancouver’s only lesbian bar at the time.”

Dee is a vocalist, DJ, writer and producer. She released her first recording, Golden Mixtape, a combination of remixes and original work, in 2011. Her debut album, New Skies, came out in 2016.

“I am firstly a singer,” she said, “which means I get to connect to my instrument (aka my body) in such a deep and intimate way. I usually have some burst of inspiration come to me, whether it’s a hook, or a bass line, or a drum beat. Then I spend time developing the tone, feeling and resonance. Words usually come after, as I find when I add words to my art, it brings it into the mind and I like to stay in the body for as long as possible.

“As far as production goes, I have been producing music for over 10 years and have yet to release something that is completely self-produced. I use production as another way to get my ideas out, using drum pads, keys and programs like Logic and Ableton, and then eventually collaborate with other musicians and producers to complete the creation.

“Recently,” she added, “I have been creating on a loop pedal, which has taken my artistry to a completely new level. I started DJing when I was 20, when I realized that I could be my own band mate, and started touring a performance where I would sing and MC over top of my DJ sets, fusing together the music that I love and moves me with my originals and remixes.”

Dee collaborates a lot, both in performances and in the creation of new work. Her bio notes that she has “supported and toured with artists such as Lil’ Kim, Mos Def, Quest Love, A Tribe Called Red and Bad Bad Not Good.” Past guest artists have included Snotty Nose Rez Kids and Desiree Dawson.

“I love the magic that happens when artists share space together,” she explained. “Each person is unique, with their own experience, tone, voice, stories and inspirations. It activates every part of my soul to witness artists coming together in this way, harmonizing, improvising, and the dynamics of different voices coming in and out of the music. I always say, sometimes just having another person in the room is enough, without a word shared. I can feel every piece of music they have absorbed since their creation lighting up the space. It is truly is my favourite part about being an artist.”

For the Vines Art Festival show, Dee said, “I have brought together a group of such powerful artists…. Each of these artists shares their stories and truth in such a real and accessible way.”

Dee said she is honoured to be part of the festival, as she really connects to its core values. Part of the festival’s mission is to offer “platforms for local artists and performers to create with and on the land, steering their creative impulses toward work that focuses on the environment – whether a deep love of nature, sustainability, or climate justice.”

“Growing up, I spent a lot of time outside and I find a lot of my inspiration in nature,” said Dee. “I attended Waldorf School as a kid, where I learned how to use my hands to connect and create with the natural world in a sustainable way.

“Since then, I have always had a very strong connection and appreciation for the land I occupy. Wherever I travel, I always take the time to educate myself on whose land I am on and acknowledge that within my show. I use my platform to share information about the social and environmental issues that I feel are important – I actually got fired from a festival in Calgary for speaking about the pipeline and how much harm it will cause to indigenous communities.”

For the performance at Vines, Dee shared that there is going to be “an extra special element.”

Of that element, she said, “I have never done this before and I am so excited. During the first time I sat down with Heather [Lamoureux, the festival’s artistic director], I had a vision and I am really looking forward to bringing it to life!”

Weaving Voices on Aug. 9 takes place at CRAB Park at Portside, at 7 p.m. Other Jewish performers in the festival include mia susan amir, Ariel Martz-Oberlander and Rabbit Richards, and it features more than 80 artists overall, performing at parks throughout the city. Every event is free admission and more information can be found at vinesartfestival.com.