Rehab Nazzal

Charges are withdrawn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the Canadian arm of an Israel-based organization that provides volunteers for the Israel Defence Forces (IDF) has been withdrawn because there was no reasonable chance for a conviction.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 The charge was withdrawn because there was “no reasonable prospect of conviction,” Sar-El Canada’s lawyer, John Rosen, told the CJN.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In a statement to the CJN, Sarfin said Sar-El Canada is “very pleased” that the charge was withdrawn.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

Rehab Nazzal exhibit slammed

Canada’s Israeli embassy and the Jewish Federation of Ottawa say that an art exhibit on display at Ottawa City Hall’s Karsh-Masson Gallery glorifies Palestinian terrorism and have urged the city to review its policy on how exhibits are approved.

The exhibit, Invisible, by Palestinian-born, Toronto-based artist Rehab Nazzal, includes photographs of some of the most notorious Palestinian terrorists, including Abu Iyad, who was responsible for the 1972 Munich Games massacre, and Khalid Nazzal, the artist’s brother-in-law, who was the mastermind behind the Ma’alot school massacre that killed 22 children and three adults 40 years ago.

Eitan Weiss, spokesperson and head of public diplomacy for the Israeli embassy in Canada, said the embassy was moved to contact Ottawa Mayor Jim Watson when it learned that the city was “endorsing it and, not only that, but paying for it. They are funding a lot of this with taxpayers’ money.”

Artists are paid about $1,800 to have their work displayed at the gallery.

“The artist is portraying these people as innocent Palestinians, authors, writers, cartoonists, politicians who were assassinated by Israel,” Weiss said. “We’re talking about terrorists with blood on their hands.”

Ottawa Federation president and chief executive officer Andrea Freedman said, “It’s a hurtful exhibit in the fact that it glorifies Palestinian terrorists, so it’s highly problematic that it is funded by taxpayers’ dollars and it has no place in City Hall.”

She said Federation has called on the city to shut down the exhibit, which is scheduled to run until June 22.

In an email statement to the CJN, deputy city manager Steve Kanellakos explained that the exhibit is in line with the Canadian Charter of Rights and Freedoms and that it won’t be taken down prematurely.

All exhibits at the gallery are selected by an independent jury and the themes of each exhibit do not represent the views of the City of Ottawa, he said.

“To exhibit a work of art is not to endorse the work or the vision, ideas and opinions of the artist. It is to uphold the right of all to experience diverse visions and views.”

However, following meetings with Ottawa Federation and Israeli Ambassador Rafael Barak, the mayor agreed to review the policy governing the selection process of the gallery’s artwork, which has been in place since 1993.

Nazzal told the Ottawa Citizen that the decision by the city to review the policy has her “concerned about the future of artists showing work of significance.”

Although Freedman said she’s disappointed the exhibit remains open, “the main thing from our perspective is that the city … will be reviewing and revising their policies so that in the future, no other community will have to experience this.”

Weiss said the purpose of the meeting between the ambassador and the mayor was not to shut down the exhibit.

“We understand their constraints because, at the end of the day, they are aware of the fact that this is a problematic exhibition, and they claim that their hands are tied due to legal constraints in terms of taking it down,” he said.

“We’re just trying to expose reality and expose the truth and use this moment as a teaching moment and tell the Canadian audience that if you want to know why Israelis and Palestinians haven’t reached a peace agreement, this is the reason why. Palestinians enshrine terrorists, they commemorate and glorify them, and this is something that is unacceptable. Imagine what people would have said if the pictures of the 9/11 terrorists would have been there,” Weiss said. “It’s a good opportunity for us to showcase the Palestinian propaganda and how they tend to twist the reality and change the truth to suit their narrative, which is completely false in this case. This is our objective in this.”

– For more national Jewish news, visit cjnews.com.