law – Page 4

Torts and the Jewish holidays

I’m that grown-up who jumps to catch a kid who is about to fall off a playground slide, even if the kid isn’t mine. I’m saying, “Hey, be careful! You don’t want to hurt your bum,” or whatever concern is applicable. Some feel I’m overprotective. Rather than using unkind words like “hovering,” I prefer “proactive worrier.”

I felt isolated with this habit. Then I got to know the contractors for our home renovation better. The brothers who worked for us were also parents. They did everything possible to keep kids, dog and parents safe as they worked on the house with us living in it. The older brother, the electrician, would spell out exactly which hazards he was trying to avoid. He would close a door, put up a sign saying “Please stay out” or another proactive way to avoid problems. The day they installed a big new bathtub was a good example. After caulking it, the tub was filled with water to weigh it down and create a good seal. We knew the kids and dog would be very tempted to check it out – we imagined kids falling in in their clothing, playing with rubber duckies, a dog jumping in and flooding the room. We strategized how to keep everyone away from the tub until the caulk hardened.

I was surprised when I started studying Bava Kamma, a Babylonian talmudic tractate dedicated to civil law, particularly the law of damages and compensation owed. In “fancy” legal vocabulary, this is tort law, which “provides damages to victims in compensation for their losses.” The rabbis of the Talmud thought through these issues. They used examples from their day. They talked about oxen that gored, camels that fell (and caused a stumbling block) and other unpredictable situations. I’d heard sermons where people laughed about this level of detail, but my brain returned to those playground moments. Perhaps others don’t take these examples seriously because they’ve never interacted with large, stubborn livestock or a fussy, heavy toddler or two.

Here’s an example of a question posed in a baraita in Bava Kamma 29: “If one’s jug broke and he did not remove its shards, or if his camel fell and he did not stand it up, Rabbi Meir deems him liable to pay for any damage they cause. The rabbis say that he is exempt according to human laws, but liable according to the laws of Heaven.” So, the understanding is, if you create a dangerous situation, you’re obligated to clean it up. If you don’t clean it up, you’re still responsible for it. You’re guilty even if you don’t owe money as compensation.

Examples like these keep popping up. This tractate is a Jewish rabbinic lesson in taking responsibility for our actions. How might something we do harm someone? What if it’s an accident, like dropped pottery? What if you purposely left broken glass or pottery that could harm others?

This ancient rabbinic text can seem dry, as law texts might be, but also relevant. In the last few days, many communities have started to use law as an excuse to exclude public acknowledgement or celebration of Hanukkah. Moncton, N.B., made a name for itself in this way. A Hanukkah candlelighting has been customary there for 20 years. Suddenly, this year, the mayor and council felt it interfered with the separation of church and state. They canceled the event, although Moncton City Hall decorates with angels, a Christmas tree and wreaths. A last-minute petition with many opposing voices succeeded in forcing a new vote that overturned this decision, so the menorah and candlelighting were reinstated.

Other communities wrestling with this include Williamsburg, in my home state of Virginia. Organizers there suggested that a menorah lighting couldn’t be allowed unless it was under a “ceasefire now” banner. In Britain, a London town council reversed their decision to cancel a public menorah lighting after an outcry. Back in Canada, in Calgary, Alta., the mayor canceled her attendance at the city’s public menorah lighting.

Suddenly, the rabbis’ detailed discussions in Bava Kamma make more sense. Their debates explore when someone is wronged by accident, and if they owed compensation. However, they also include the question of responsibility when someone is wronged “on purpose.” For example, when a government uses the law to suppress a minority religious observance, like Hanukkah. When this kind of action takes place, it does harm. It does harm beyond whether Jews are legally allowed to light a hanukkiyah in a public place. The message it sends causes bigger damage and fear.

After all, if Jews in Canada or the United States aren’t allowed to publicly celebrate their religious rituals, it feels unsafe to be Jewish in these places. Where is it safe? Most Jews would then think about Israel as being the place where it’s truly safe to be Jewish. The people who want to withdraw public observance of Jewish traditions due to the Israel/Hamas war send a message to Jews living in North America – it’s not OK with them to have a Jewish homeland in Israel. It’s also not OK with them for Jews to observe their religion openly here. They probably missed the irony, as their message is that it’s especially not OK when the Jewish holiday is about religious freedom.

Laws about compensation for damages can sound uninteresting. It becomes more intriguing when imagining an unsafe play structure, a broken piece of pottery or a camel that won’t budge. It gets even more pertinent – and uncomfortable – when the law is used to keep us from celebrating our religious traditions freely, in public, without fear, in a democracy.

While Hanukkah is ending, it’s still the time of year when many indulge in more sweets and tortes than we’d planned. Sadly, it’s a different kind of tort this year, one where we consider how to compensate for the potential loss of religious freedom.

Joanne Seiff has written 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. Check her out on Instagram @yrnspinner or at joanneseiff.blogspot.com.

Universities have obligations

My mom left Brooklyn, NY, to attend Cornell University in the early 1960s at age 16. Among other things, women students had nighttime curfews. This type of legal responsibility or intervention, called in loco parentis (in place of a parent), was common, but, by the time my mother graduated, in the mid-1960s, times had changed. Curfews became a thing of the past.

When I got to Cornell in the 1990s, some things were the same. Cornell impressed upon its new students that “actions have consequences” and that “with rights and privileges come responsibilities.” That is, you were privileged to be there. If you did something stupid, you were held responsible. All this hit me while watching North American college campuses’ turmoil since the Oct. 7 Hamas massacre of Israelis.

I have a front row seat to the drama. My husband is a professor in Manitoba. Between the two of us, we have six degrees from five different universities. We’ve got insider knowledge. I watched some of the behaviour on campuses with horror during the first days after the attack, including seeing Dr. Russell Rickford, a Cornell professor, speak of his “exhilaration” in response to Hamas’s actions. I’m not listing all of the concerning antisemitic events that continue to occur at North American universities. We’re all seeing it on social media and the news.

The first good news I read was from an article written by Rob Eshman in the Forward, which covered Dartmouth University’s response. Dartmouth is a small school. Its academic experts on the Middle East collaborated quickly. On Oct. 9, they announced two public teach-ins, with expectations of a small crowd. Hundreds attended, and there were thousands of YouTube views. What’s the primary responsibility of a university? To educate and encourage students to be critical thinkers. Dartmouth rose to the challenge.

There are other universities following this educational approach, with mixed results. Some universities don’t have the academic firepower or the will to provide an appropriately diverse panel of experts. Some attempts have been derailed by harassment or protest. Other institutions have made poor educational efforts by platforming only one side (usually the pro-Hamas/genocide/apartheid side) of the conversation.

Most professors are evaluated for their performance and tenure on several measures: teaching, research and service. To do these aspects of their job, many feel that free speech is essential and that, while the university employs them, the administration may not hamper their speech as it pertains to teaching or research. Since early October, many professors have felt stifled when expressing their political views, particularly when it comes to anti-Israel political rhetoric about the war.

I recently read a Canadian university faculty union’s stance. The document stated all members had a right to academic freedom and free expression and the union would defend that. However, that right comes with “the responsibility to respect the rights and freedoms of others” and “does not confer legal immunity from hate speech and other violations of the law.” It also doesn’t protect a professor from criticism or condemnation from others.

This document reminds academic professionals what I was taught as an undergraduate: actions have consequences, and they must take responsibility for any consequences that may occur.

Many Jewish students are being physically harassed, verbally assaulted and intimidated on college campuses. Some universities are trying to take action. Cornell had a situation where a student made death threats towards Jewish students at the kosher dining hall. The FBI was quickly involved, the student was arrested. Soon after, the president of the university and the New York State governor sat down to eat in that dining hall with students. Rickford, the professor who spoke out about the Hamas attack as an exhilarating sign of liberation, is now on leave.

Other US universities have responded with less force. Some, like George Washington University, suspended student groups who used pro-Hamas rhetoric. Others, for example, MIT, have suspended students who participate in violent or disruptive protest from all non-academic activities. There are efforts to offer antisemitism education and awareness at some universities. Hillel, the Jewish student organization on many American and Canadian campuses, offers support and advocacy for struggling Jewish students.

Universities now also face legal action when they fail to protect Jewish students. The US Department of Education is opening investigations of antisemitism (and Islamophobia) at US schools such as Cornell, Columbia, Cooper Union, University of Pennsylvania and Wellesley College. There’s a lawsuit being brought against McGill in Montreal, with support from B’nai Brith Canada, and the University of British Columbia, York University, Toronto Metropolitan University and Queen’s University have had class action lawsuits filed against them for alleged antisemitic incidents.

Where does this lead? Consider again the notion that actions have consequences. In some widely circulated video clips, university students or professors scream obscenities and tear down posters of kidnapped victims of the Hamas attack. Some cover their faces; others sneer at the camera. Sometimes, a student is seized by regret later and begs others not to post the images. These choices, caught on video and distributed online, may affect students’ careers forever – and I think that’s OK.

Yes, university students are often (but not always) still adolescents. Perhaps, according to the research, their brains are still developing and they have poor impulse control. But they are also adults in our society. These are people who legally drink, drive, vote and fight in wars. These students are old enough to work, marry and have kids. With all these rights and also the privilege of attending university, they have the responsibility to behave appropriately. Think you might be embarrassed to be caught vandalizing posters of missing persons? Don’t do it.

University leadership and professors have an important role to play “in loco parentis.” It appears many have forgotten this. Students attend universities to get an education, to become critical thinkers and to contribute to leading and shaping our future society. They deserve more than “free speech” from their teachers. They need to learn multiple perspectives, history and policy, and that includes understanding nuance.

While most universities no longer impose curfews or other restrictions, professors owe it to their students to be mentors and role models. Professors should be upstanding community members beyond academic research and teaching. They should behave with integrity. The obligation to do service means different things in various academic disciplines, but, in every case, professors shape the next generation’s professionals beyond giving exams and classroom lectures. Teaching students how they should behave, with compassion and respect for others, matters.

Don’t get me wrong, it’s OK to speak out. Academic freedom is important, but universities have an obligation, too. They should expect students to behave with dignity and respect for the law, even when speaking out. Alumni can pressure universities to do better, as can lawsuits.

There’s no “one size fits all” answer. However, we should expect that every student should have access to education without discrimination. All students – Jewish and non-Jewish – deserve nothing less.

No charges in IDF case

There will be no charges arising from allegations that the Israel Defence Forces (IDF) has been recruiting members illegally in Canada.

The case began in 2020, when several progressive groups and individuals laid a complaint with Justice Minister David Lametti calling for an investigation and possible charges against those who recruit or encourage recruiting for the Israel Defence Forces among non-Israeli citizens in Canada.

Lametti referred the matter to the RCMP, which, on June 8, issued the following statement to the CJN: “A review was conducted. [H]owever, a criminal investigation was not initiated. The file is now concluded and the RCMP has no further comment.”

Israel’s consulate in Toronto was unavailable for comment. The country’s embassy in Ottawa did not respond to a request for comment.

The case began when the Canadian Foreign Policy Institute, Palestinian and Jewish Unity, and Just Peace Advocates presented the complaint to Lametti, alleging that recruiting by the IDF in Canada violated the Foreign Enlistment Act. The act states that any person “who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.”

The complaint focused on online ads from Israel’s consulate in Toronto, which said an IDF representative was available for personal appointments for those wishing to join the forces, not just those required to do their compulsory military service.

“Young people who wish to enlist in the IDF or anyone who has not fulfilled their obligations according to the Israeli Defence Service Law are invited to meet with him,” the ad stated, according to the complaint.

The complaint also alleged that the consulate had arranged for Israeli soldiers and veterans to appear in Jewish schools, summer camps and other venues in Canada with the goal of inducing young people to enlist.

The allegations were unfounded, said Israel’s consul-general at the time, Galit Baram.

“Israeli law dictates compulsory military service to Israeli citizens over the age of 18, whether male or female. Consequently, Israeli citizens of drafting age living abroad are required to settle their status with the Israeli authorities, through Israeli consulates around the world,” she said.

Baram called the charges an attempt to “smear” Israel.

At the time, Lametti said diplomats representing Israel in Canada “follow Canadian law.”

Included in the complaint was an open letter signed by U.S. academic Noam Chomsky, musician Roger Waters, author Yann Martel and more than 170 prominent Canadians. It was delivered to Lametti, asking him to probe recruitment for the IDF taking place in Canada.

The complaint noted that there were some 230 Canadians serving in the IDF as of 2017, and that it was “unclear” how many were recruited in ways that violated the law.

After the complaint was laid, Winnipeg human rights lawyer David Matas said Israel’s consulates in Toronto and Montreal practised neither recruitment nor inducement, since Canadian citizens wishing to join the IDF had already made up their minds to do so.

In the latest development, Matas said he believes the RCMP dropped the matter because they did not have evidence to reach a conviction, and that there is “no evidence potentially available through investigation that could change that conclusion.”

Matas’s view is that the case “had no merit at all.”

The matter was further pressed in 2021 when NDP MP Matthew Green sponsored a petition calling on Canada to investigate allegedly illegal recruitment by the IDF in Canada.

In its response the following year, the justice ministry said the responsibility for investigating and prosecuting offences under the Foreign Enlistment Act “rests with independent law enforcement and prosecution services.”

The case is another loss for pro-Palestinian activists. Last December, a criminal charge they initiated against Sar-El Canada, the Canadian arm of an Israel-based organization that provides volunteers for the IDF, was withdrawn because there was no reasonable chance for a conviction. That case alleged that Sar-El Canada also violated the Foreign Enlistment Act by recruiting volunteers for the IDF.

The Foreign Enlistment Act was passed in 1937 to prohibit the recruiting of Canadian volunteers to fight in the Spanish Civil War. Roughly 1,700 Canadians signed up anyway to fight for the anti-Franco Loyalists, the vast majority of whom were recruited by the Communist Party of Canada. They formed the storied Mackenzie-Papineau Battalion (the “MacPaps”).

According to historian and legal scholar Tyler Wentzell, no Canadians have been charged or prosecuted under the act.

– For more national Jewish news, visit cjnews.com

Israel’s antiquities trade

A brochure about antique coins from Zak’s Antiquities.

Israel’s central role in the global antiquities business was the subject of a Zoom lecture on May 2 sponsored by the W.F. Albright Institute of Archeological Research in Jerusalem and the Palestine Exploration Fund, headquartered in London.

Entitled The Antiquities Trade in Israel and Palestine: Same as it Ever Was?, the joint presentation featured Michael Press, a postdoctoral research fellow at the University of Agder in Kristiansand, Norway, specializing in the archeology of ancient Israel, and Morag Kersel, an associate professor of anthropology at DePaul University in Chicago, Ill., who studies the relationship between cultural heritage law, archeological sites and objects, and local interaction.

Press offered a scholarly overview of how the trade in antiquities burgeoned in the 19th century as tourism and Holy Land pilgrimage reached a mass scale, while Kersel spoke about how the quasi-licit trade functions today.

The Ottoman Empire enacted its first antiquities law in 1869, prohibiting the export of the empire’s heritage, Press noted. Yet, the first English-language Baedeker guide to Palestine and Syria, published seven years later, detailed the sum of baksheesh – a paltry few francs – needed to grease the palm of a customs officer to smuggle out a centuries-old souvenir.

The discovery in 1868 in Dhiban, Jordan, of a monumental Iron Age inscription mentioning King Mesha of Moab triggered an explosion of forgeries, continued Press. Notably, in 1873, Jerusalem antiquities dealer Moses Wilhelm Shapira (1830-1884) hoodwinked Germany into purchasing a trove of 1,800 fakes, he said.

Most pilgrims were interested in acquiring objets de piété, or items related to religion. A popular article was the widow’s mite, the least valuable coin circulating in Roman Judea, which Jesus mentioned in Mark 12:41-44 and Luke 21:1-4. The market in ancient coins included a brisk trade in forged gold and silver coins. Some pilgrims carried with them valuable numismatic items (rare coins, tokens, etc.) from Europe, which they sold in Palestine to fund their journey.

The evolving trade included Samaritan, Hebrew and Greek manuscripts, gems and seals, and ancient lachrymatories – perfume vials that widows would ostensibly fill with their tears and place in tombs as symbols of mourning for the deceased.

Press showed advertising from an American newspaper for the Phoenician (ie. Roman) glassware of Azeez Khayat (1875-1943). Born in Tyre, Lebanon, then part of Ottoman Syria, Khayat arrived at Ellis Island in 1893 and became a United States citizen five years later. Using the small collection of ancient glass he had brought with him, he became a dealer on Rector Street in Manhattan’s Little Syria. On repeated trips to his Middle East homeland, he was able to bring back thousands of artifacts – often excavated by his own workmen – and sell them in a gallery he opened first on West 11th Street and, later, at 366 5th Ave., opposite the Waldorf Astoria Hotel. Many notable U.S. museums acquired important objects through him.

The market for Holy Land antiquities – both counterfeit and real – also included pottery vessels and oil lamps, said Press.

Bringing the story to the present, Kersel said the restrictions imposed by Israel’s Antiquities Law of 1978 forbid the sale of any human-made item from before 1700 CE. However, the act grandfathered the sale of items already in the inventory of the country’s 50 or so licensed antiquities dealers, she said. Since those catalogues are often nondescript and include unclear photographs, and since the lists are rarely updated when an item is sold, there is considerable opportunity to introduce newly and illegally acquired items, Kersel explained.

Underfunded and overstretched, the Israel Antiquities Authority’s anti-theft unit does its best to monitor dealers’ illegal activities, she said. Most shops are located along the Via Dolorosa in the Old City of Jerusalem and resemble Aladdin’s cave of treasures. Those in luxury hotels are decked out with elaborate displays resembling those in prestigious museums. All provide a certificate of authenticity cum export permit with each sale, she noted.

Typical is Zak’s Antiquities, run by Zak Mishriky, located in the Old City’s Christian Quarter Road, which advertises: “Invest in biblical antiquities. Ageless, timeless & priceless.” Fine print about the source of the merchandise notes: “The majority of our ancient artifacts come to us through private collections and auctions here in Israel.”

As an archeologist, Kersel has devoted two decades to tracking how the illicit trade in unprovenanced objects extends from the ground to the consumer. In a network that extends from the United Arab Emirates through Jordan, the West Bank and Israel to the United Kingdom and the United States, shady operators, she noted, are pillaging the Middle East’s cultural artifacts. Their criminal enterprise results in the destruction of archeological sites, the desecration of ancient graves and theft from museums. Moreover, it compromises the understanding of the past, she said. Some tie the business to funding terrorism.

Kersel categorized those buying these items into four groups. The first she called explorers, some of whom volunteer on archeological excavations, who generally purchase low-cost items from a cabinet of curiosities in the Old City and do so in search of an authentic exotic cultural experience. While not condoning their behaviour, she excoriated the second group – the elite. She was particularly critical of billionaire Steve Green of Oklahoma. The evangelical Christian, whose family owns the Hobby Lobby craft store chain, used his fortune to establish the Museum of the Bible in Washington, D.C., which opened in 2017.

“There were a lot of red flags,” she said of the museum’s acquisitions. All 16 Dead Sea Scroll fragments Green purchased proved to be forgeries, she noted, explaining how the antiquities enthusiast’s agents mislabeled the thousands of artifacts he purchased. Shipping them in small batches to various American addresses, they hoped to stay below the radar. The scam was finally stopped thanks to a tip-off from a FedEx agent, she said. Some 3,450 items were seized by U.S. authorities.

Kersel was similarly harsh in discussing disgraced Wall Street financier Michael Steinhardt, who, during a period of high inflation in the 1970s, conceived that antiquities were a commodity likely to appreciate quickly. Like Green, Steinhardt sought to gain validation for his purchases – including a group of Neolithic masks perhaps looted from caves by the Dead Sea – by donating them to museums. Steinhardt was a major benefactor of the Israel Museum.

Kersel identified the third group as religious tourists. Like their 19th-century forebearers, they, too, are interested in small-scale items like the widow’s mite, or lachrymatories.

The fourth group Kersel identified comprises members of a charter, such as alumni of a university or members of a sports or social club on an organized tour, who are driven by a group psychology. If one person buys an artifact, that leads their peers to do so, too, she said. And those items must be “cheap, portable and dustable.”

Citing Nelson H.H. Graburn, a professor emeritus in sociocultural anthropology at the University of California, Berkeley, Kersel said such charter tourists will knowingly purchase a replica in order not to lose face with their fellow travelers.

“Afghanistan’s Law on the Protection of Historical and Cultural Properties (2004) strictly regulates the excavation and sale of antiquities: allowing private ownership of only registered antiquities, and prohibiting export except by the state,” said Press. The result has been to drive the business underground – would the result be any different were Israel to declare the antiquities trade illegal, revoke dealers’ licenses and nationalize their inventories?

Kersel cautioned such a radical solution would not end the trade. In an email, she wrote: “I don’t think that the demand for biblical antiquities will ever end, everyone wants something from the Holy Land, but I do think we can create better collectors, who only buy from licensed dealers and who ask about provenance, the origin stories, of the piece.”

Gil Zohar is a writer and tour guide in Jerusalem.

Spotting disinformation

On May 30, the Global Reporting Centre’s Peter Klein will give the talk Disinformation and Democracy. (photo from VST)

Emmy Award-winning journalist Peter Klein will be the keynote speaker at this year’s Making Meaning in a Time of Media Polarization conference, organized by the Vancouver School of Theology (VST). Klein’s talk on the evening of May 30 – titled Disinformation and Democracy – is free and open to the public.

Klein, a professor at the University of British Columbia School of Journalism, Writing and Media, also heads the Global Reporting Centre, an independent news organization based at UBC that focuses on innovating global journalism. His lecture will explore the role that disinformation plays in both confusing the public and in undermining journalism.

“Open information is central to democracy,” said Klein. “There is no open society without open dialogue. In the past, the challenge was simply to restrict governments from curtailing the media. That was a challenge in itself, but, today, there are so many forces of propaganda and disinformation, many much more subtle than dictators arresting journalists.”

The origins of disinformation go back a long way, Klein noted. He referred to a Jan. 24, 2018, message on World Communications Day from Pope Francis who spoke of the “crafty serpent” in the Book of Genesis that created “fake news” to lure Adam and Even to “original sin.”

Klein will focus his talk on more contemporary efforts to lead people astray – from Germany’s Hitler to the Russian newspaper Pravda to Iraq’s Saddam Hussein. He will first look at disinformation from a North American context, then provide several international examples.

The Global Reporting Centre recently competed a study on disinformation attacks on journalists, or what he refers to as a “special subset of disinformation.”

“Attacking the messenger is an old trick that people in power have traditionally used, but social media has made it so much easier to undermine the authority of journalists,” said Klein, who has served as a producer for 60 Minutes, created video projects for the New York Times and written columns for the Globe and Mail, among other publications.

“Publish a critical story about a politician or business leader, and there’s a chance they or their supporters will come after you any way they can,” said Klein. “What we found in our study is that those wanting to undermine media do so by attacking on basis of race, gender and a number of other factors, which vary geographically.”

Though social media is what Klein calls “the pointy end of the stick,” mainstream media has, sometimes through disinformation, become polarized, too, he said. The Dominion Voting Systems case against Fox News, ending in April when the network paid a $787 million US settlement, is a clear example. Fox had falsely claimed that Dominion manipulated the results of the 2020 American presidential election.

“Fox had to pay for this, but they’re still standing, and I don’t necessarily see much change at the network,” Klein said.

The latter part of Klein’s talk will examine ways to combat disinformation. A key element of lessening the problem comes down to “public sophistication,” said Klein.

“We’re awash in fake news, not just political but calls to your cellphone that the RCMP is going to arrest you because of unpaid taxes, ads for incredible deals on household goods that just need a small deposit to hold the item, and the classic Nigerian prince scheme. I think we’re getting better at spotting that kind of fake information, although people still fall for it on a regular basis – including me recently, when looking for a deep freezer. As the public gets more sophisticated, so do the scammers.”

The same holds true for disinformation, according to Klein, and people need to improve their ability to identify falsehoods. He spoke about the visit a few years ago to the Global Reporting Centre by a journalist who exposed that torture was being committed by Iraqi special forces fighting ISIS. Following the visit, an Iraqi graduate student arrived at Klein’s office and presented a video that portrayed the journalist as a fabulist and a torturer himself.

“It turned out this video was part of a disinformation campaign in Iraq meant to undermine his embarrassing reporting, but she fell for it. We’re all susceptible, but if we can be better educated about disinformation and better equipped to spot it, we have a chance to combat it,” Klein said.

“In many ways, we’re more powerful than those who are combating traditional heavy-handed censorship and attacks on media. My parents fled Soviet-controlled Hungary, where public dialogue that was not in line with the state narrative could get you tossed in jail. We have the agency to combat it,” he said.

Rabbi Laura Duhan-Kaplan, director of the conference Making Meaning in a Time of Media Polarization, which looks at how religious communities might respond to a crisis in public discourse. (photo from VST)

Making Meaning in a Time of Media Polarization, which will be held May 30-June 1, will be VST’s eighth annual inter-religious conference on public life. Its participants will seek answers on how spiritual and religious leaders might proceed at a time when social media, politicians and some news organizations sow polarization and cultivate outrage.

“Under COVID restrictions, our society’s stress points started to crack. We saw bad actors use media and social media to divide people, and we saw innocent, well-meaning people get drawn in,” said Rabbi Laura Duhan-Kaplan, director of Inter-Religious Studies and professor of Jewish studies at VST, who is the conference director.

“Ideally, in spiritual communities, people learn how to live a meaningful life with others. So, we started to think about how religious communities might respond to a crisis in public discourse,” she said. “We designed a conference where media experts can help us understand the crisis, and religious teachers can help us respond.”

To register for Klein’s talk – which will take place at Epiphany Chapel in-person, as well as online – visit vst.edu/inter-religious-studies-program/conference.

Sam Margolis has written for the Globe and Mail, the National Post, UPI and MSNBC.

זרים שביקשו לרכוש נדל”ן בקנדה יאלצו להמתין

(צילום: Sam Gusway)

החל מראשית חודש ינואר, קנדה החלה לאסור על מרבית האזרחים הזרים לקנות נכסים לדיור במשך שנתיים. זאת, במקביל בעלייה בביקושים לעבור לקנדה ממדינות רבות בעולם

למשל: בקיץ האחרון, לאחר שבית המשפט העליון בארצות הברית ביטל את פסיקת (רו נגד וייד) ואת ההגנות הפדרליות על זכותן של נשים לעבור הפלה, נהרו המוני אמריקאים לאתר גוגל והקלידו את השאלה: איך לעבור לגור בקנדה. זאת תוך הקפצת מספר החיפושים בלא פחות משמונה מאות וחמישים אחוז בתוך שעה אחת בלבד. החיפושים של איך להפוך לאזרח קנדי מהשורה זינקו בחמש מאות וחמישים אחוז

ההחלטה לעבור ולהתגורר בקנדה נחשבת מזה זמן רב לתגובה כמעט אוטומטית כאשר המצב הפוליטי המקומי הופך לעגום במספר לא מבוטל של מדינות – כולל ישראל, ולא רק בארצות הברית. בבריטניה למשל נרשם זינוק משמעותי בחיפושים איך לעבור לקנדה במהלך חודש יוני אלפיים ושש עשרה. זאת זמן קצר לאחר פרסום משאל העם שבו הוחלט על פרישתה של בריטניה מהאיחוד האירופי (הברקזיט)

אבל יתכן שממשלת קנדה בשלב זה מערימה קשיים על זרים לרכוש נדל”ן בעת הזו – במדינה השנייה בגדולה בעולם מבחינת שטח (אחרי רוסיה). זאת לאחר שהחל מראשית החודש שעבר (ינואר), נכנס לתוקף בקנדה איסור נרחב למשך שנתיים ימים על רכישת נדל”ן למגורים על ידי מי שאינם אזרחי המדינה

כמו מדינות רבות אחרות בזמן מגפת הקורונה, גם בקנדה נרשם זינוק חד הן במחירי הדיור והן במחירי השכירות לאחר שהריביות על הלוואות צנחו לשפל, וגררו עמן מטה את רמות המלאי בשוק. באלפיים עשרים ואחת בעיצומה של מערכת בחירות קשה, המפלגה הליברלית של ראש הממשלה ג’סטין טרודו, הזהירה כי משבר הדיור במדינה הולך והופך למשבר פוליטי. הביקוש לרכישת בתים בפרט ונדל”ן בכלל בקנדה מושכת ספסרים, תאגידים עשירים, ומשקיעים זרים. כך הכריז אתר קמפיין המפלגה הליברלית. בתים נועדו לאזרחי המדינה ולא למשקיעים. לאחר מערכת בחירות צמודה, באביב האחרון המפלגה הליברלית הציגה בשקט בשקט את החוק החדש והמשמעותי, שאוסר על אזרחים זרחים לרכוש נדל”ן בקנדה

הצעת החוק באה בתגובה לתחושות פוליטיות רווחות, אולם נשמעה אבסורדית. כך אמר ג’קי צ’אן, מייסד ומנכ”ל חברת נדל”ן בייקר-ווסט בעיר ונקובר, שמשווקת דירות יוקרה במגדלי מגורים ברחבי קנדה. אמנם ונקובר וקנדה הן רב-תרבותיות, אולם קיימת תחושה כללית לפיה אסייתים, זרים ומהגרים מגיעים לכאן, קונים נדל”ן, זוללים את ההיצע וגורמים לעליות מחירים. מוסיף עוד צ’אן, שבעצמו נולד בהונג קונג והוא מתגורר בוונקובר כבר קרוב לשלושים שנה. מרבית הזרים שרוכשים נדל”ן אינם משקיעים ספקולנטים. אלה לדבריו מדובר רק במהגרים שקונים בתים כדי להתגורר בהם

מלבד זאת, מספר ממשלות מחוזיות שונות בקנדה כבר נוקטות בצעדים כדי לתת מענה למחירי הדיור הנוסקים. במחוז אונטריו שהוא הגדול בקנדה, הממשלה המקומית העלתה את המס על משקיעים זרים ספקולטיבים המשקיעים בנדל”ן, מעשרים אחוז לעשרים וחמישה אחוז. במחוז בריטיש קולומביה נקבע מס של עשרים אחוז על רוכשי בתים מחו”ל. ונדמה היה כי הצעדים הללו נושאים פרי – השקעות זרות בנכסי נדל”ן נפלו משיא של תשעה אחוזים ממכירות הנדל”ן למגורים ביוני אלפיים ושש עשרה לאחוז בודד ביוני שנה שעברה. זאת, לפי נתוני משרד האוצר של מחוז בריטיש קולומביה. אף יזם שפוי אפילו לא חשב על זה, אמר צ’אן. איזה הגיון יש באיסור הזה

עד אמצע שנה שעברה, המחירים ברחבי קנדה כבר החלו לרדת. אבל ביוני, בלי יותר מדי רעש, האיסור על קונים זרים אושר כחוק. למעשה, הוא חמק כמעט לחלוטין מהעין הציבורית, ואפילו מעיניהם של מומחי נדל”ן רבים. מה גם שטרודו ופוליטיקאים אחרים משום מה כמעט ולא התייחסו בפומבי לחוק מאז שנחקק, והוא זכה לכיסוי מועט באמצעי תקשורת המקומיים בקנדה

ייתכן כי הדבר נבע מכך שהחוק עורר טענות בדבר שנאת זרים. בזמן שמספר המהגרים לקנדה שובר שיאים – נתונים שפורסמו באוקטובר חשפו שמהגרים מהווים כעת כמעט רבע מהאוכלוסייה המקומית, כאשר הרוב המכריע מגיעים ממדינות הודו וסין. לדברי מספר וותיקים בענף הנדל”ן המקומי יש לכך קשר שמהגרים או משקיעים זרים ספגו הרבה מהאשמה למשבר הדיור ועליית המחירים, וזה היה נושא פוליטי גדול. כך אמר ברנדון אוגמונדסון, הכלכלן הראשי של איגוד הנדל”ן של מחוז בריטיש קולומביה. אך יש לזכור שמגיפת הקוביד חסמה כמעט לחלוטין, את הגישה לרכישת נדל”ן בבריטיש קולומביה על ידי משקיעים זרים. המחירים עדיין שברו שיאים חדשים, שכך שהוכח שהשחקנים הזרים אינם משמעותיים בשוק הנדל”ן המקומי. ולכן לאיסור החדש לא תהיה השפעה על הענף

בסוף שנה שעברה (שישה חודשים לאחר שהחוק נחקק) הממשלה הפדרלית פרסמה את התקנות לגבי אכיפת החוק והפטורים ממנו. למשל: החוק החדש אינו חל על בתי נופש באזורי קייט. בנוסף פטורים ממנו למשל רוכשי בתים בעלי מעמד של תושבים בקנדה, פליטים, זרים שנושאים לבני זוג קנדיים, אזרחים זרים שרוכשים בתים צמודי קרקע עם לפחות שלוש יחידות דיור. כמו גם סטודנטים זרים הלומדים בקנדה, ועוברים זרים בעלי רשיונות לעבוד בקנדה

יש הטוענים כי התקנות החדשות לא מספקות מענה הולם לדקויות החוק. אין בחוק החדש הבהרות משמעותיות. כך אומר סטיבן קריין, נשיא ומנכ”ל חברת סי.אי.אר.סי. שמייעצת לחברות בנושאי ניידות כוח אדם בשוק העבודה ורילוקיישן של עובדים זרים. משרדי תיווך טוענים כי חוסר הבהירות הזו גורמת בעצם לשיתוק בשוק. במקום למהר להספיק לקנות לפני כניסת החוק לתוקף, מרבית הקונים הזרים צפויים פשוט להמתין לתפוגת החוק בעוד שנתיים ימים. הלקוחות שלנו נמצאים בעמדת המתנה. כך אומרת ליזה קאופמן, מייסדת ושותפה במשרד התיווך סותביס אינטרנשונל רילטי בעיר מונטריאול שבמחוז קוויבק. לדבריה כאשר הלקוחות הזרים שומעים שאפילו המומחים בענף לא מצליחים להבין את החוק החודש, הם פשוט מעדיפים לוותר בעת הזו. קאופמן אומרת שרק לקוח בודד אחד שלה שהוא פנסיונר הגר בארצות הברית (ולא מוכן לחשוף את זהותו), הזדרז ורכש דירת נופש במונטריאול לפני כניסתו לתוקף של האיסור החדש – האוסר רכישת נדל”ן בקנדה על ידי זרים

בה בעת, בערים הגדולות של קנדה נרשמה ירידה במספר הקונים הזרים בשוק. באזור מטרו טורונטו למשל שיעור השתתפות הזרים בשוק הוא, לכל היותר בין שלושה אחוזים לשישה אחוזים. כך טוען קווין קריגר, נשיא מועצת ארגון חברות הנדל”ן של אזור טורונטו. בשיעור ההשקעה הנוכחית של זרים בנדל”ן המקומי, החוק החדש חסר משמעות אם מסתכלים על התמונה הגדולה של הענף, מוסיף קריגר

אבל כעת נראה כי קונים בינלאומיים חדשים לא ממהרים לשום מקום, ומוכנים להמתין עד לסיום תקופת האיסור בת השנתיים. פאולין אונגר ממשרד התיווך רויאל לפייג’ אדוונטג’ בעיר סמיתס פולס במחוז אונטריו, אומרת כי נרשם זינוק בפעילות הקנייה, לאחר הפרסום הראשוני בדבר החוק החדש בחודש אפריל. מאז, לדבריה, הלקוחות מחכים להנחיות, אבל לא קונים. זה במידה רבה מצב הנוכחי – והוא להמתין ולראות מה יקרה

Charges are withdrawn

A criminal charge against the Canadian arm of an Israel-based organization that provides volunteers for the Israel Defence Forces (IDF) has been withdrawn because there was no reasonable chance for a conviction.

On Dec. 12, the Public Prosecution Service of Canada (PPSC), which assumed carriage of the case, withdrew a charge that Sar-El Canada violated the Foreign Enlistment Act, which prohibits Canadians from enlisting in or accepting any “commission or engagement” in the armed forces of a foreign country. The charge was withdrawn because there was “no reasonable prospect of conviction,” Sar-El Canada’s lawyer, John Rosen, told the CJN. “The case is now completed.”

The charge was approved in September by a justice of the peace in a private prosecution initiated by David Mivasair, a Hamilton, Ont.-based rabbi with a long history of activism targeting Israel, and Rehab Nazzal, a Palestinian-born, Toronto-based artist who was shot in the leg in Bethlehem in 2015 while photographing an IDF crowd control weapon. They alleged that Toronto-based Sar-El Canada broke the law because it recruited or induced individuals to volunteer for Israel’s armed forces. They further alleged that, once in Israel, volunteers reside on military bases, wear military uniforms and complete tasks that would otherwise be assigned to soldiers; those allegedly included packing food rations and medical kits, cleaning tanks, painting helmets, radio repairs and gas mask refurbishment.

In a statement, they said the “recruitment” in Canada of volunteers “to assist the Israeli military ought to be a concern of all Canadians.” They began a private prosecution after they said police and the federal government failed to act on a complaint.

Sar-El Canada sends 100 to150 volunteers a year from this country to Israel, the group’s national president, Jeff Sarfin, told the CJN when the matter began.

In a statement to the CJN, Sarfin said Sar-El Canada is “very pleased” that the charge was withdrawn. He said the “attempt by anti-Israel activists to intimidate us and the Jewish community has failed. We are also grateful to the support we have received from the Jewish community as we deepen and strengthen the connection between our community and Israel.”

Rosen echoed the sentiment. The complaint “was merely another failed attack on Israel and those who support it, this time by attempting to hijack Canada’s legal system,” he said. He said the charge should never have been authorized and agreed with the prosecution that there was never a reasonable prospect of conviction.

“More importantly,” Rosen added, “the prosecution of this baseless complaint would also have been against the public interest, given Canada’s implicit approval of similar activities that directly support Ukraine’s defence against Russia.”

Ukraine has openly called for soldiers from around the world to join the fight against Russia. Ukraine’s consul general in Toronto was recently quoted as saying that “hundreds” of Canadians got in touch to offer assistance.

Sar-El Canada’s parent organization in Israel was established 40 years ago. It operates in more than 30 countries and has to date sent some 160,000 volunteers to Israel to provide “broad logistical support to the IDF,” its website says. Volunteering takes place on IDF bases throughout the country.

Programs offer volunteers “an opportunity to live and work beside Israeli soldiers and gain an insider view of Israel.” Working alongside soldiers and base employees, the “non-combat civilian support duties” encompass packing medical supplies, repairing machinery and equipment, and cleaning, painting and maintaining the base. The Sar-El program “is a morale booster and motivator for the soldiers,” the group’s website states.

In a hearing in September before the justice of the peace who approved the charge against Sar-El Canada, Mivasair testified that, to the best of his understanding, the Foreign Enlistment Act prohibits recruiting people for “non-combatant engagements” with foreign armies.

Asked for a comment and whether an appeal is being considered, Shane Martinez, a lawyer for Mivasair and Nazzal, told the CJN: “We disagree with the decision of the Federal Crown and are exploring all available options.”

Two years ago, a campaign launched by progressive groups and 170 prominent Canadians alleged that illegal recruiting for the IDF of non-Israeli citizens was taking place in this country. Justice Minister David Lametti was asked to investigate. He referred the matter to the RCMP.

– For more national Jewish news, visit thecjn.ca.

Sar-El faces a legal challenge

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

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

The act states that “any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state, is guilty of an offence.”

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

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

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

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

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

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

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

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

None of the allegations have been tested in court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

– For more national Jewish news, visit thecjn.ca

Does history matter?

The promise of the internet was that people could access unprecedented volumes of information for the benefit of themselves and society as a whole. What has regrettably proven to be the case is that it is a fount from which people draw to “prove” falsehoods they choose to believe – or, for nefarious reasons, claim to believe.

Amid the oceans of “information” online, it is sometimes difficult to tell what people genuinely believe as opposed to what they say they believe in public to mislead their audiences. For example, does the U.S. member of Congress Marjorie Taylor Greene actually believe that reliance on solar energy means the lights will go out when the sun goes down? Or is her apparent stupidity a deliberate foil for her support of polluting energy sources? If she believes what she said, this is misinformation. If she knows she is telling a lie, it is disinformation.

The terms “misinformation” and “disinformation” are sadly necessary to understand what is happening in our era, as we have said in this space before and feel moved to repeat. In few places is this difference as consequential as in discussions of the history of the Holocaust.

Correspondence between Polish Prime Minister Mateusz Morawiecki and right-wing journalist Bronislaw Wildstein (and two others) leaked last week defines some of the world’s foremost Holocaust scholars as “enemies of the entire Polish nation.” There is other chilling language in the back-and-forth, detailing how top Polish authorities are expending enormous energies to rewrite the history of Polish collaboration in the Shoah.

A 2018 law forbids any suggestion that the Polish state or Polish people participated in Nazi crimes against Jews. International pressure saw the penalties for breaking this law reduced from a criminal conviction to a civil matter potentially resulting in a fine. But the intent and impact remain clear. Prof. Jan Grabowski, a Polish-born Canadian academic, and a Polish colleague, Barbara Engelking, were victorious in a 2021 appeal that saw an earlier court decision order to apologize to a descendant of a Shoah-era perpetrator for betraying Jewish neighbours to the German Nazis. But this court decision has not quenched the thirst for revisionism.

The obsession among top Polish officials on this subject is unabated. The email exchange includes the suggestion that Polish authorities should strategically coopt the Jewish experience in the Holocaust to their own benefit, recasting Poles as the Nazis’ primary targets and victims.

Poland also recently extended its Holocaust-related legislation to explicitly forbid financial restitution or compensation to survivors or their heirs.

The Polish government has steadfastly asserted that Nazi atrocities catastrophically affected non-Jewish Poles, which is plainly true. But two things can be true simultaneously. Many Poles were victimized by the Nazis and many Poles collaborated with the Nazis – and, in some cases, both involved the same individuals.

Wildstein, the journalist who seems to have the prime minister’s ear, makes threatening noises about top Holocaust research and archival bodies, including the Jewish Historical Institute, in Warsaw, and the POLIN Museum of the History of Polish Jews, and mentions “the possibility of introducing our people into their midst.” He accuses the Polish Centre for Holocaust Research of presenting “an almost obsessive hatred of Poles.”

There is paranoia in the idea that exposing historical truth is identical to hatred. Ironically, while Germany is the European country that has engaged in the most introspective contrition, as much as a society can hope to do for so unparalleled a crime, Poland has steadfastly dug in its heels. The society that bears more blame for complicity with the Nazis than any other is the one that is not only refusing to confront its grotesque past but most stridently whitewashing it.

All of this has led to strained relations between Israel and Poland. It should also be a source of friction with other countries, including Canada, partly because it is a Canadian citizen, Grabowski, who is among the most targeted objects of Polish scorn, and partly because all democracies should stand up to this appalling historical revisionism.

There is a grim silver lining in this “debate.” The Polish authorities understand, as too few in the world seem to, that history matters. What happened in the past informs our present and future. If they can recast the past, they can affect the future.

The question for us is whether we, as a society, have the same understanding of and commitment to historical power. Are those who seek truth as motivated as those whose goal is to subvert it?

Editor’s Note: For a contrary point of view, click here to read the letter to the editor that was published in the Jewish Independent’s Sept. 2/22 issue.

New era in U.S. politics

The explosive debate around abortion spurred by the U.S. Supreme Court’s rejection of a woman’s right to reproductive self-determination reminds us that the Jewish perspective on the topic is nuanced.

“Jewish law approaches each case according to its particular circumstances,” notes an article at chabad.org. This central dictum of halachah, Jewish law, makes generalizations difficult. One thing is almost universally accepted: abortion can be halachically required if the life of the mother is in danger.

In 2015, 83% of American Jews told Pew Research Forum that abortion should be legal in all or most cases, which is more than any other religious group, a finding around Jewish support for reproductive choice that has been true for decades. However, a story from the Jewish Telegraphic Agency recently noted that a growing alignment between some Orthodox Jews and the Republican party in the United States has led a minority of Jews to adopt what has been largely a conservative Christian approach to the subject.

The Orthodox Union released a statement that they are “unable to either mourn or celebrate” the court’s overturning of Roe. Their position is that an outright ban is unacceptable under Jewish law, but that abortion should be limited to cases where the mental or physical health of the mother is at stake, with an emphasis on the preservation of life. Further, they stated that abortion should be available regardless of someone’s economic status.

The tectonic decision by the court, overturning 49 years of precedent set by the landmark Roe v. Wade case, has set in motion frenetic activity across that country and beyond. State officials have had the issue thrown into their laps. The United States will become a patchwork of regulations on the subject. The ruling has led to triumphant celebrations by opponents of abortion and it has reenergized those endorsing reproductive freedom. What all of this will mean, not only for abortion rights but for social movements and society more broadly, can only be remotely imagined at this point.

The abortion decision was only one of several massive reversals of existing norms the U.S. court issued in its session. In other cases, the court made it more difficult for lower jurisdictions to limit access to firearms, weakened the power of federal agencies to address climate change and struck down a ruling that limited prayer in public schools (in this specific case, Christian prayer at school football games).

The succession of cases throws down a gauntlet that most people – whatever their opinions – knew was coming when the former president appointed three justices to the court, creating a 6-3 conservative majority.

In many cases, though, these decisions are deeply out of step with what the majority of the population believes. Of course, court rulings should not necessarily mirror societal norms. Historically, courts have made society-altering decisions in spite of opposition – desegregating public schools against the wishes of white racists, for instance. Leaving aside philosophy, public opinion may not be able to impact a Supreme Court packed with political appointees (three of whom testified in their nomination hearings that the abortion question was settled law) but public opinion will change society.

Anti-abortion activists (and anti-climate, anti-secularism and anti-gun control activists) have been celebrating their big wins in these cases.

In 1973, as pro-reproductive choice activists were celebrating their Supreme Court win, a new movement was gaining its footing. It would develop into one of the biggest, most powerful movements in American history, a new conservatism that led, among many other social and economic changes, to the elections of Ronald Reagan, two Bushes and Donald Trump. And it accomplished one of the core objectives it set out to address: it tipped the scales of the Supreme Court and stripped women of rights they have had since 1973.

Those who were celebrating in 1973 are today experiencing a vast array of emotions: grief, disillusionment, fear. But also rage, determination and purpose.

As the Roe decision did in 1973, last month’s ruling will launch a new movement that, like the new conservatism before it, will address a broad range of social issues and injustices. It was impossible, 49 years ago, to foresee the changes that would come. Whichever side one may be on, be assured that we have entered a new era.