Connect with us

Local News

First, Do No Harm: How Dr. Newman’s Valedictorian Speech to U of M Graduates Got History So Wrong

Dougald Lamont

Ed. note: This post was originally published in May, but given recent events in which the president of PARIM (the Professional Association of Residents and Interns of Manitoba) was forced to resign his position by the board of PARIM for criticizing remarks made by Dr. Gem Newman during his valedictory address to graduating medical students at the U of M, we thought it appropriate to repost this article to our home page.

By DOUGALD LAMONT I am compelled to respond to Dr. Gem Newman in his delivery of a valedictorian address to the medical graduates of the University of Manitoba medical school, which was shockingly ignorant of history.

Dr. Newman’s understanding is challenged by the facts of history, on every topic he touched on: Canada, Settler-Colonialism, the relationship with Indigenous people, and Israel’s founding.
It was a disservice to his peers, and to informed decision-making around the current crisis.

If we want a more just and peaceful world, we need to press for political solutions. I personally favour an immediate cessation of hostilities and release of Israeli hostages, and humanitarian aid to Gaza with oversight from the International Community. That is why we need a political process to peacefully negotiate a new political arrangement. If it is a two-state solution, I believe it must emerge from this process. It should be self-evident, just from the point of view of practical politics, that a single state that consists of two populations who are in the midst of a horrific war, will likely face insurmountable obstacles in trying to work and govern together.

Reasonable people should be able to agree that Israel should continue to exist, that the Palestinian people should be free, that the fighting should end, and those who have violated the rules of war should be held to account. To be blunt, neither side has a monopoly on virtue.

International Human Rights Law “prohibits attacks directed against civilians, as well as indiscriminate attacks, namely those that strike military objectives and civilians or civilian objects without distinction.”

I also believe it’s reasonable to assert that the current leadership of Israel and Gaza should have no place at that table, given that they are responsible for the current crisis. The intelligence failures alone around October 7 should disqualify the current senior Israeli leadership, just as the attack of October 7 should disqualify Hamas.

Declaring recognition of a Palestinian state, with no defined or agreed-upon leadership or borders, short-circuits any such political process.

That is because while some support a two-state solution, others quite clearly favour a “one-state” solution that would essentially spell the end of the State of Israel. I have never seen the term “Zionist” tossed around as such a slur, as a kind of shorthand for holding an unacceptable view.

A Zionist is basically someone who thinks the State of Israel should exist – and the state of Israel does exist. Before Israel’s founding, debating whether or not it should exist was hypothetical. Now that it does exist, debating whether it should or not can be credibly interpreted as an existential threat.

For Israelis, and for many Jews, that clearly amounts to the destruction of their nation, including by violence. This, too, is exactly what many states and state-supported terror groups have committed to.

That is why the lack of clarity around some slogans seems to be calling for more conflict, not for a peaceful resolution.

When asked about the slogan “From the River to the Sea,” some have shrugged and said that it was Israelis who first came up with the slogan. This is true, but that is because the State of Israel does stretch from the River Jordan to the Mediterranean Sea. Palestinian territories do not. It would require Israeli territory for Palestine to reach from the river to the sea, which again, can suggest that Israel will just become Palestine.

Dr Newman should know that for Israelis, and for many Jews, that clearly amounts to the destruction of their nation, including by violence. That is exactly what many states and state-supported terror groups have committed to, and have been promising for decades.
 
If we want a more peaceful and just world, we should strive to achieve those ends in ways that are peaceful and just, and that requires a political path.

It is not that the history is better than you might expect – it is worse.

The Nazi Holocaust was Modelled on the U.S. Killing of Indigenous People and Seizure of their Lands
 
There is an important link between the treatment of Indigenous North Americans and the Nazi Holocaust. Hitler believed that he could turn Germany into the a world dominating empire by emulating the way the United States had killed indigenous people and taken their property, except Hitler’s goal was to exterminate every Jew in the world.

“In the Nazi state, Lebensraum became not just a romantic yearning for a return to the East but a vital strategic component of its imperial and racist visions. For the Germans, eastern Europe represented their “Manifest Destiny.” Hitler and other Nazi thinkers drew direct comparisons to American expansion in the West. During one of his famous “table talks,” Hitler decreed that “there’s only one duty: to Germanize this country [Russia] by the immigration of Germans and to look upon the natives as Redskins.”
 
As Nazi troops moved across Europe and the Soviet Union, Jews were rounded up, their homes, properties and businesses stolen. Some were murdered on the spot, lined up and shot.
Some were stuffed into the backs of trucks with the exhaust piped in, and driven back and forth until everyone inside was dead. Others still were gathered up, put on trains and sent to death camps where they were killed in factories purpose-built for killing human beings. Their stolen belongings were used to finance their own deaths, and the gold was retrieved from their teeth.
 
Jews were targeted by the Germans for complete extermination wherever the lived in the world, based both on pseudoscientific race theory about the supposed supremacy of the imagined “Aryan” race, and antisemitic conspiracy theories about Jewish global influence.
 
Jews were being rounded up and slaughtered in the millions, and as refugees, had no place to go. They were refused entry to country after country, including Canada.

That is one of the very major reasons the creation of the State of Israel cannot be compared to settler colonialism by European or Asian empires colonizing Africa, Oceania, the Americas. The creation of the State of Israel in 1948 occurred with the support of the United Nations, as well as the global left. The historical reason for that is relevant.

Clearly, after the Second World War, it created pressure for Jews to have their homeland, so that they would not always face being a minority in a country when, because of their stateless existence, they had faced pogroms, slaughter and discrimination for millennia.

The Palestinian Cause was Undermined Because its Leader was a Nazi Collaborator

There is no question that the at the time of the creation of Israel, the credibility of the Palestinian cause was undermined because Mufti Amin al-Husseini, the leader of Palestine, was a Nazi Collaborator. Al-Husseini received personal financial aid from the Nazi government, participated in Nazi propaganda broadcasts, and worked to find recruits for the Nazi SS.
 
In 1941, Al-Husseini travelled to Berlin and on November 28, met with Hitler.
 
“Al-Husseini began the conversation by declaring that the Germans and the Arabs had the same enemies: “the English, the Jews, and the Communists.” He proposed an Arab revolt all across the Middle East to fight the Jews; the English, who still ruled Palestine and controlled Iraq and Egypt; and even the French, who controlled Syria and Lebanon. 

(The British had secured a mandate for Palestine at the Paris peace conference in 1919, and made halting attempts to create a “Jewish national home” there without prejudicing the rights of the Arab population.) He also wanted to form an Arab legion, using Arab prisoners from the French Empire who were then POWs inside Germany. 

He also asked Hitler to declare publicly, as the German government had privately, that it favored “the elimination of the Jewish national home” in Palestine.
 
The Fuhrer then made the following statement to the Mufti, enjoining him to “lock it in the uttermost depths of his heart”:


  1. He (the Fuhrer) would carry on the battle to the total destruction of the Judeo-Communist empire in Europe.
    1. At some moment which was impossible to set exactly today but which in any event was not distant, the German armies would in the course of this struggle reach the southern exit from Caucasia.
      1. As soon as this had happened, the Fuhrer would on his own give the Arab world the assurance that its hour of liberation had arrived. Germany’s objective would then be solely the destruction of the Jewish element residing in the Arab sphere under the protection of British power. 
In that hour the Mufti would be the most authoritative spokesman for the Arab world. It would then be his task to set off the Arab operations, which he had secretly prepared. When that time had come, Germany could also be indifferent to French reaction to such a declaration.”
         
        Al Husseini’s work was actively financed by the Nazi government.
         
        “From spring 1943 to spring 1944, Husseini personally received 50,000 marks monthly and Gailani 65,000 for operational expenses.” [Rashid Ali al-Gaylani was the Prime Minister of Iraq]. 

”In addition, they each received living expenses averaging 80,000 marks per month, an absolute fortune. A German field marshal received a base salary of 26,500 marks per year.”
         
        Along with other Arab broadcasters, al-Husayni disseminated pro-Axis, anti-British, and anti-Jewish propaganda from Berlin to the Middle East. In radio broadcasts, he called for an Arab revolt against Great Britain and the destruction of the Jewish settlements in Palestine.

        Al-Husayni spoke often of a “worldwide Jewish conspiracy” that controlled the British and US governments and sponsored Soviet Communism. He argued that “world Jewry” aimed to infiltrate and subjugate Palestine, a sacred religious and cultural center of the Arab and Muslim world, as a staging ground for the seizure of all Arab lands. In his vision of the world, the Jews intended to enslave and exploit Arabs, to seize their land, to expropriate their wealth, undermine their Muslim faith and corrupt the moral fabric of their society. He labeled the Jews as the enemy of Islam, and used crude racist terminology to depict Jews and Jewish behavior, particularly as he forged a closer relationship with the SS in 1943 and 1944. He described Jews as having immutable characteristics and behaviors. On occasion, he would compare Jewishness to infectious disease and Jews to microbes or bacilli. In at least one speech attributed to him, he advocated killing Jews wherever Arabs found them. He consistently advocated “removing” the Jewish homeland from Palestine and, on occasion, driving every Jew out of Palestine and other Arab lands.
         
        Al Husseini was directly involved in recruiting for the SS.
         
        “When the SS decided in February 1943 to recruit among Bosnian Muslims for a new division of the Waffen-SS, SS Main Office Chief Berger enlisted al-Husayni in a recruiting drive in Bosnia from March 30 and April 11. On April 29, Berger reported that 24,000–27,000 recruits had signed up and noted that the “visit of the Grand Mufti of Jerusalem had had an extraordinarily successful impact.” Both al-Husayni and the SS repeatedly referred to the success of the 13th Waffen-SS Mountain Division (also known as “Handschar”).”
         
        After the Second World War, the 13th Waffen-SS Mountain Division was charged with war crimes and the killing of over 5,000 Jewish and Serbian civilians. In the 1948-49 Arab-Israeli war, hundreds of its members fought against Israel.
         
        All of this is critical historical context for Zionism of the time, and for the creation of the State of Israel. There can be no question that Al Husseini’s collaboration with the Nazis meant that his cause was treated with considerably less sympathy.  
         
        None of this negates the present-day mistreatment and injustice towards present-day Palestinians, but it does mean that their experience does not mirror that of Indigenous people, nor is the creation of the State of Israel in 1948 comparable to other “settler colonial” states, like South Africa, or Canada.

Tommy Douglas, Eugenics and Provinces’ Role in the Canadian Colonial State
 
This brings me to my second point about Dr. Newman’s valedictorian speech, which was his citing Tommy Douglas as a moral beacon in a speech where he also mentioned Indigenous health outcomes.

While Douglas enjoys a reputation as a paragon of political virtue, he and his party are responsible for one of the most horrifically damaging colonial systems for Indigenous people in Canada in the last 70 years: provincial child welfare systems. This is in addition to his promotion of eugenics-based sterilization, another aspect of his political career that is minimized and ignored

For all of the claims that the left in Canada is “woke,” the role of progressive politicians and parties in our country’s profoundest tragedies is not just forgotten and unknown, it is buried.
 
The New Democratic Party was created as a successor to the CCF party. While the NDP is today seen as a party of labour, and the “working man,” the CCF, as social gospelers, were evangelical Christians, often British, who promoted eugenics and forced sterilization as a low-cost solution to poverty, mental illness, and disability, and they did so for years.

In 1933, Tommy Douglas published his Master’s thesis from McMaster University, “The Problems of the Subnormal Family,” based on his time working at the Weyburn Mental Hospital. Weyburn Mental Hospital was not a small-town facility – at the time of its construction, it was the largest building ever built in the British Empire.

In the Making of a Socialist, Douglas passed off his thesis in a later interview as being on the subject of “Christian sociology,” when it endorsed the segregation and forced sterilization of people he deemed to be inferior.

Douglas’s thesis topic, in his own words was that:
 
“The subnormal family is an ever-increasing menace physically, mentally and morally, to say nothing of a constantly rising expense. Surely the continued policy of allowing the subnormal family to bring in to the world large numbers of individuals to fill our jails and mental institutions and to live upon charity is one of consummate folly.”
 
Douglas starts his thesis this way:
 
“The problem of the subnormal family is chiefly one for the State. Since the state has the problem of legislating in the best interests of Society, and since we have seen that the subnormal family is an ever-increasing menace physically, mentally and morally, to say nothing of a constantly rising expense, it is, surely the duty of the State to meet this problem.
 
The suggested remedies which the state might effect are three in number:
 
1)    The Improvement of Existing Marriage Laws;
2)    Segregation;
3)    Sterilization of Unfit, and Increased Knowledge of Birth Control.
 
He elaborates:
 
“Sterilization of the mentally and physically defective has long been advocated, but only recently has it seeped into the public consciousness. From the day when Plato wrote his Republic to the present, eugenicists have advanced various solutions to the problem of the defective, but sterilization seems to meet the requirements of the situation most aptly.
 
For while it gives protection to society, yet it deprives the defective of nothing except the privilege of bringing into the world children who would only be a care to themselves and a charge to society.
 
4.) Another effect of the abnormal family is the cost of maintenance: It may be a mercenary view to take of the problem, yet in view of mounting taxation, it is of importance to the average citizen to know the effect of the subnormal family on his tax bill.”
 
Douglas did not drop the subject. In 1934, Douglas proposed it with the youth wing of the CCF, and the next year, 1935, Douglas was elected MP for the first time.

The power of Douglas’ carefully cultivated political reputation is so great that for many, it creates a cognitive dissonance so profound that it is dismissed. They puzzle as to how a person they so greatly admire could have advocated for forced sterilization.

The question as to how Douglas and other eugenicists could express such concern and apparent love while also calling for sterilization is because they see people who are poor, mentally ill or who break the law as defective, and subhuman, because of their particular brand of radical Christian ideology. Treating people as subhuman means treating them as animals, where the usual rules of human morality no longer apply. It is a kind of cruel pity – and instead of alleviating suffering, they opt for ending it. 

Douglas was not a young man – He was an adult, in his 30s, calling for forced sterilization and segregation, just as his political mentor and family pastor, J. S. Woodsworth had done.

J. S. Woodsworth, Sterilization and the Bureau of Social Research
 
In 1909, Woodsworth published “Strangers Within Our Gates,” which was blatantly racist, ranking various groups according to their capacity to integrate into Canadian society.

Woodsworth’s treatment of Blacks is subhuman. He favorably cited U.S. progressive John R Common, who Woodsworth quotes saying, “The very qualities of intelligence and manliness which are essential for citizenship in a democracy were systematically expunged from the negro race through two hundred years of slavery.”
 
Woodsworth also endorsed Residential Schools as the solution for dealing with First Nations, favourably citing the Methodist Principal of the Brandon Residential School, where dozens of children had died, who said that “Both Church and State should have, as a final goal, the destruction and end of treaty and reservation life.”
 
Throughout the 1910s, Woodsworth ran the “Bureau of Social Research,” which publicly promoted eugenics and forced sterilization across Canada’s Western Provinces. Woodsworth’s editorials calling for eugenic sterilization were printed on the front page of the Winnipeg Free Press, and were considered as official recommendations to provincial governments.

According to a 2004 article in the Journal of Historical Sociology, Sterilizing the ‘Feeble-Minded’: Eugenics in Alberta, Canada 1929-1972, Woodsworth’s work directly informed the adoption of sterilization policies in Alberta.

“The eugenics platform was championed in western Canada by a number of influential social reformers including J. S. Woodsworth, a Winnipeg-based proponent of the “social gospel.” Woodsworth was concerned with the declining quality of immigrants arriving in the west. He translated his personal fear into a public crisis, spreading the idea that no segment of Canadian society would be left untouched by the influx of thousands of immigrants of inferior stock from central and eastern Europe. In time, his policy recommendations turned to eugenics and sterilization programs” (Chapman 1977: 13).
 
In 1928, Alberta and BC both passed forced sterilization laws. Researchers have directly attributed Alberta’s decision to adopt forced sterilization to Woodsworth’s advocacy. One of the Alberta MNA’s at the time who supported the bill, William Irvine, was a close friend and colleague of Woodsworth’s. When Irvine was later elected as an MP, it was in his office that the CCF was founded. 
 
From 1929 to 1972, when the Alberta eugenics board was finally disbanded, the Board saw 4,800 cases of proposed sterilization and approved virtually all (4,739) of these; 2,834 sterilization procedures were eventually performed, the majority on females.

That was not the only questionable judgment that Douglas made in his political career. In 1935, when Douglas won a seat as a Member of Parliament in the House of Commons for the first time, he did so with an endorsement from the radical right Social Credit Premier of Alberta, which was considered by some to be fascist. The creator of the “Social Credit” economic philosophy, Major Douglas, was explicitly anti-semitic.  
 
The endorsement was arranged for Douglas’ by a key member of his campaign team, Daniel C. Grant, who had been the chief organizer for all of Western Canada for the Canadian Ku Klux Klan.
 
Grant had been a driver for J J Maloney, the head of the Ku Klux Klan, and had worked in Manitoba as a recruiter and organizer. In 1928 in Winnipeg, Grant had delivered a speech saying that
 
“The Klan strove for ‘racial purity. We fight against intermarrying of Negroes and whites, Japs and White, Chinese and Whites. This intermarriage is a menace to the world. If I am walking down the street and a Negro doesn’t give me half the sidewalk, I know what to do.” He then lashed out at the Jews and said that “The Jews are too powerful … they are the slave masters who are throttling the throats of white persons to enrich themselves.”
 
A 1974 biography by Doris Shackleton, a former CBC reporter and NDP staffer, entitled “Tommy Douglas” openly acknowledged Grant’s work organizing for the KKK.
 
In 1929, Grant and the KKK had helped elect the Conservative-Progressive coalition government in Saskatchewan, which had earned him a patronage post in charge of the labour office in Weyburn, Saskatchewan, where Douglas met him. Grant was fired when a new government was elected, because they didn’t want KKK organizers working in the labour office.
 
There have been various attempts to minimize Douglas’ promotion of eugenics, saying that his views were changed by a trip to Germany in 1936. In fact, Douglas went to Germany because he wanted to see one of Hitler’s Nuremberg rallies.
 
In a 1956 interview, published in the book “The Making of a Socialist,” Douglas explained – when asked about his 1936 trip to Germany the year after he was elected a Member of Parliament:
 
“[Interviewer] You were in Europe for how long?
 
[Douglas] About three months. We went from Switzerland to Nuremberg, because I wanted to see the great annual festivity Hitler put on each year there. It was frightful. I came back and warned my friends about the great German bombers roaring over the parade of self-propelled guns and tanks, Hitler standing there giving his salute, with Göring and the rest of the Nazi bigwigs by his side.
 
There was no doubt then that Hitler was simply using Spain as a dress rehearsal for an attack on other nations.
 
[Interviewer] It was with very great difficulty that people were able to appreciate the anti-Semitism that was going on in Germany. Did you yourself see any examples of it?
 
[Douglas] I didn’t see any. Most of it was over by the time I got there.”
 
To suggest that in 1936, most of the anti-semitism in Germany was over defies reason and evidence.
 
“The New Residential Schools” Tommy Douglas and the creation of provincial child welfare

These are just some of the reasons that holding up Tommy Douglas as exemplar of political purity, is “problematic”. It is far from the only example of Douglas’ historic association with damaging policies that has been whitewashed.
 
The reality of Canada as a colonial state is that provincial governments have played a direct role in the mistreatment of Indigenous people, in areas of jurisdiction that the provinces themselves asked for, and Tommy Douglas is one of the people responsible.
 
Again, in Shackleton’s biography, Douglas describes how, in 1951, the Federal Government began to shut down residential schools, “after a series of negative reports,” that at the urging of the CCF and Premier Tommy Douglas, the federal government transferred responsibility for First Nations child welfare to provinces.
 
The result has been 70 years of provincial governments seizing Indigenous children from their families and never returning them, in numbers greater than the total yearly attendance of Residential Schools.

The “60s scoop” meant thousands of children across Canada were taken from their homes and adopted out across North America and around the world.
 
“The department of Indigenous Affairs indicates that the number of Indigenous children adopted between 1960 and 1990 was 11,132,” though some research suggests it was over 20,000.”
 
CFS has been described by Cindy Blackstock as “the New Residential Schools” and the scale of it across Canada is colossal.
 
In the last decade, the number of Indigenous children apprehended and in custody of CFS in Manitoba alone exceeded the total population of every single residential school across Canada. By 2013, the province of Manitoba had 11,000 children in the custody of CFS.

According to the Lancet, it was the highest apprehension rate in the world. That is more, in a single province, than the entire “60s scoop” across Canada over 30 years. If that weren’t bad enough, governments in Manitoba and British Columbia also seized federal child allowances intended for those children.
 
This horrific policy is the direct cause of Indigenous misery, and shorter life expectancy. Over half of the homeless population in Winnipeg were at one point wards of CFS. Canadian provinces took Indigenous children from their families, took their money, and left them on the street at the age of 18 with no supports. Our jails, our runaways, our gangs, and tragedy after tragedy have the common thread of CFS involvement. Because CFS is not just about looking after the safety children, it has always also been about controlling and threatening parents.
 
That’s why the top five of 94 recommendations of the Truth and Reconciliation Commission are all concerned with children in provincial child welfare systems.
 
This absolute catastrophe of a social policy was conceived of, created and sustained, by provincial governments for decades, and directly contributed to the relentless trauma that provincial governments have inflicted on Indigenous people, and about which there is a deafening silence.
 
Why are children being seized? Largely because of First Nations and Indigenous poverty and neglect. Why is there Indigenous poverty? Because, for decades, provincial governments across Western Canada have approved megaprojects – dams, mines, oil and gas – much of it on First Nations land.
 
In Manitoba, there are dams that have destroyed Indigenous communities’ self-sufficiency by destroying the environment. Entire communities flooded out of existence, dammed rivers destroying lakes that were the source of successful commercial fisheries, wiped out by Hydro and the Government of Manitoba, without compensation.
 
What’s more, provincial governments are funded on a per capita basis – for every person who lives within their borders, including on reserve, yet provincial governments like Manitoba exclude First Nations from receiving that funding.
 
Indigenous people in Canada consistently face the most discrimination in provincial systems, and when a catastrophe or a tragedy inevitably happens, the response has always been to defend the system. Indigenous deaths in ERs, in jail, in CFS or as victims of crime are blamed on the victims. 
 
Together, provincial governments’ combined budgets are larger than the federal government, and Indigenous Canadians face terrible discrimination from provincial governments in economic supports, education, health, justice, child and family services and natural development.
 
Because the federal policies are the same everywhere: it’s the provincial policies that are different, which is why child and family poverty, and Indigenous incarceration in Manitoba are so much worse than any other province.
 
So, when Dr. Gem Newman lectures his fellow classmates on the injustices of Canada’s treatment of First Nations, he should know that one of the direct causes of homelessness, mental health, and forced poverty in Manitoba and across Canada is the direct result of decades of seizures of Indigenous children, which are a direct consequence of a policy brought in by Tommy Douglas to replace Residential Schools.

Tommy Douglas and provincial governments created some of the most damaging modern policies Indigenous people in Canada have experienced – and are still experiencing, every day.
 
As a valedictorian and as a doctor, Dr Newman is an authority, and he says a doctor’s advocacy is in a doctor’s job description. Advocates and authorities have a responsibility to work from evidence. That is why it is paramount for an authority, whether they are practicing medicine or politics, to ensure they know what they are talking about. Slogans are not solutions, and Dr. Newman’s facile understanding of history is a disservice to his audience.
 
It has to be said Dr. Newman’s ignorance about this should not be a surprise, because there is an effective conspiracy of silence which makes it a forbidden topic in Canada, because it is politically inconvenient.
 
Notably, it highlights the hypocrisy and moral double standards at work among high-profile Canadian progressives, Naomi Klein being the most prominent.

On Freedom of Speech, Civil Disobedience on Campus on Beyond
 
I write all of this as a strong supporter of freedom of expression, on and off campus including protest, investigative journalism, whistleblowing, satire, parody, speaking truth to power, and calling out corruption. I have personally done all of them. Rights have never been about doing and saying whatever you want, wherever and whenever.

The Charter of Rights and Freedoms sets out the circumstances where you are guaranteed rights to free expression. The Charter generally only applies to Government, not universities, except in Alberta, where courts ruled otherwise.

The reason for this is university autonomy. Universities are workplace and a place of research and education, where the goal is to work to an ever greater understanding of the world, and that has always required discernment. It is not a public square or an unmoderated internet forum, and if you don’t abide by the rules, you do not have a right to stay.

A simple example of speech that can get you removed from campus is plagiarism. The university sets out rules around free inquiry and academic freedom, but you can’t plagiarize.

This is important in the context of campus protests and civil disobedience. Protestors are not being silenced because of the content of their speech, nor are they choosing to break unjust laws to show how unjust they are. 

The distinction here is one that was drawn by Dr. Rev. Martin Luther King. He was in favour of direct action and civil disobedience by having people be willing to be arrested and jailed, and face the consequences and punishment, because the unjust law they broke was asking for service at a segregated coffee shop, or sitting at the front of the bus. They actively discouraged and called out anyone who broke other laws as undermining the cause.

The laws that are being broken in this instance are ones that apply to everyone. It is not about the cause or the message, at all. It is about trespassing, or blocking a highway, or ignoring a court order.

There is a basic mistake that many commentators and protestors are making. When protestors say they mean “peaceful,” they think that if it is non-violent, that it must ,by legal definition be peaceful, and legal. You do not have to be violent to be “disturbing the peace.” Blocking highways and spamming 911 lines are not violent, but both are against the law, for obvious reasons, because someone could die. Canadian Supreme Court Precedent makes it clear, there are limits to protest, because other people have the right to be free from disruption.

If protestors are arguing that the injustice is so great, that they must break the law for justice to be done, then this is exactly the motivation behind what is known as “noble cause corruption” in policing. It’s just as unacceptable.

Freedom of expression is protected because it is powerful, and it is powerful for good and for harm. That’s why accuracy – especially at a university – matters. It means weeding out the lies, manipulation, dishonesty and deception. It means recognizing that human beings are contradictory, and flawed. It means working hard not to deceive others, or yourself, while we live in a world where armies of people are paid to deceive us, and recognizing that there may be more than two sides to every story. Two bitter opponents on either side of an issue can both be wrong.

“Resistance” that takes the form of attacks on civilians is just as unacceptable as reckless military actions that result in civilian deaths. Neither are morally or strategically defensible: to the contrary, they only further radicalize and inflame the situation.

 Dougald Lamont (B.A., M.A) is a graduate of the University of Manitoba and a former member of the Board of Governors. He is the past MLA for St. Boniface and the former Leader of the provincial Manitoba Liberal Party from 2017-2023.

Continue Reading

Local News

Thoughts on Sid Green

Grant Mitchell


By GRANT MITCHELL (Grant Mitchell is a well-known lawyer in Winnipeg whose father, Leon Mitchell, was Sid Green’s law partner for many years.

Following are remarks Grant delivered at the meal of remembrance which was held following Sid Green’s funeral on June 9:

Sid was a Gold medallist in law in the class of 1955.
He knew that my Dad, Leon Mitchell, was in sole practice in the Confederation Building. Leon was 13 years older than Sid but graduated just the year before. Leon had been the business agent for the Civic Employees Union of the City of Winnipeg before and during law school, and his union connections gave him a client base to start a practice.
After obtaining his call to the Bar, Sid attended Leon’s office and informed him, “You need me.”
Leon was taken aback. He was physically disabled from a major bout of Guillen-Barre syndrome, but felt fully capable of practising solo. He told Sid he didn’t need anyone.
Sid told Leon, “You don’t understand. I don’t mean you need me to advise clients, I mean I can do the physical side for you, attending court and hearings and other functions that require mobility.”
With that understanding, they became Mitchell & Green, and later Mitchell, Green and Minuk when Sam Minuk joined the firm. They were the only labour firm in Winnipeg at that time that acted exclusively on the Union side.
In around 1960, a Mitchell & Green client did not have the money to pay for his legal fees and offered the partially constructed cottage he was building at Big Whiteshell Lake to the firm as payment, with the excess to be refunded to the client. Sid and Leon became co-owners of that cottage. For years it had no plumbing and an incomplete ceiling. When Leon died in 1987, Sid got the cottage.
When Sid went into politics, Leon supported the move, and in fact delivered the nomination speech for Sid to be leader of the NDP when he ran against Russ Paulley and then Ed Schreyer.
When Sid was made a Cabinet Minister in the Schreyer government in 1969, Leon also left practice to go into public service, as Chair of the Municipal Board, Chair of the Mental Review Board and Commissioner in the Churchill Forest Industries inquiry. Sam Minuk became a Provincial Judge. It was the end of Mitchell Green and Minuk. That practice was the foundation of what has become the Myers firm.
Sid and Leon’s paths would cross again when Leon was mediator of the Northern Flood Agreement and Sid was the Minister responsible for Manitoba Hydro.
They had been professional partners with profound mutual respect, but they were also personal friends and remained so for the rest of Leon’s life.
Leon had a huge admiration for people he thought were unusually intelligent. Sid was at or near the top of that list.

At the funeral, I spoke of Sid’s relationship with my father, Leon Mitchell.
I will just add that during their years at the Confederation Building and then in the Crown Trust Building, they hired an articling student named Bill Rachman, who made Sid and Leon nervous about everything he did. When the articling period ended, Sid told Leon that notwithstanding their reservations about Bill’s ethics and practicing skills, Bill would be far more financially successful than either Sid or Leon. Leon agreed. They were correct.
When Sid returned to private practice after his time in government, the unions and he had a falling out and he found himself acting against unions rather than on their behalf
Sid’s philosophy on unions was that protective labour laws produced weak unions, who would not represent their members’ interests effectively. He felt that Wagner Act type labour legislation, now universal in North America, was a tragic compromise by unions. He believed that the recognition strike and the wildcat strike were fundamental weapons for successful trade unions, and that certification of unions, the duty to bargain in good faith and mandatory grievance arbitration were the poor cousins of the recognition and wildcat strikes. This was opposite to the position of the union movement at that time, which lobbied strenuously for union-friendly legislation in the form of greater and greater regulation of the union employer relationship.
In fact, Sid said that the only labour laws that unions should need were to protect the right to picket, and to take away a court’s power to order a person to work. These 2 provisions are found in sections 56 and 57 of the King’s Bench Act to this day, more than 50 years later, and still known to people of my generation as the “Sid Green amendments”. No injunction to enforce a personal services contract. No injunction to restrict assembly on a public thoroughfare to communicate accurate information, that is, a picket sign.
Sid supplemented professors at the law school, Robson Hall, by delivering several lectures in each term about the fundamentals of labour law. I taught that course for 22 years and I had Sid come for a guest lecture, as he had done in the labour law class when I was a student.
He had a powerful and persuasive way of making his points. For example, he felt that a legislated duty to bargain in good faith was a mistake – let the parties fight it out, and let the stronger survive. If employers don’t bargain genuinely, the response is to hold a strike, not run to the labour board.
“If I offer $1, $2, $3, $5, $10 then I’m bargaining in good faith. If I offer $10, $10, $10, $10, then I’m bargaining in bad faith. But it’s still $10!”
He didn’t like certification and preferred the recognition strike. Settle disputes through battle, not argument. Conflict rather than compromise. He particularly objected to certifying unions by card count as opposed to secret ballot vote. A card signer had no meaningful way of revoking their support for the union if they changed their mind after the union applied for certification.
Sid said, “If I buy a vacuum cleaner from a door to door salesman, under the CPA I have a month to change my mind and get my money back. But if I sign a union card, the next day may be too late to change my mind. Which is more important, having a union take over my bargaining rights, or buying a vacuum cleaner?”
Apart from representing employees against unions, Sid also built a practice of representing lawyers who faced disciplinary action from the Law Society. When he ran to be a bencher, he received more votes than any other candidate, even though he was not affiliated with any of the larger law firms. As a bencher, he would send out a “Report from a Bencher” after each Bencher meeting, giving his analysis on the decisions the Society was making, often critical of the majority.
In so many ways, he believed in a “survival of the fittest” approach to human differences. He did not care for protectionist legislation like Human Rights laws. He particularly objected to affirmative action or any other form of “reverse discrimination”.
In one case I had with him, he was acting for Nabila Malik, an economist in the Cabinet secretariat who had been laid off. I was acting for the employer. He called me to tell me that he wished to amend his statement of claim. “I want to add a paragraph to the claim to say that in letting my client go, the government violated its own affirmative action policy because the policy said that there should be more women in senior civil service positions and yet my client, a woman, was let go when many men in senior civil service positions had remained employed.
“Do you object to my amendment?” “No.”
“You don’t think I believe in that affirmative action bullshit do you?” “I don’t know.”
“I DON’T!” But I say, ‘If you are going to preach bullshit, you have to practice bullshit.’”
Sid took up hockey when he was 50. As a young man, he had been a good athlete, quarterbacking the law school football team. It was a late stage of life to learn to skate and join a new sport but Sid approached it with the same gusto he applied to everything else. When he awoke after cardiac surgery a few years later, his first question was, “Will I still be able to play hockey?” You don’t have to be great at something to love it, as I well know. And Sid loved to play hockey, indoors or out.
An employer client of mine had one of its managers vilified in the union newsletter – the “Golden Turkey Award”. My client said, “We want a lawyer for the manager, and we want that lawyer be one with the kind of reputation that when the other side sees who is threatening to sue them, they will involuntarily cringe uncontrollably.” I gave them 2 names, with Sid’s being the second one. “Sid Green, that name sounds familiar. Who is he?” “Oh, he was once the Minister of Labour in the NDP government, but after he left politics, the unions treated him as a pariah, and now he fights them regularly.” “That’s the guy we want.” Sid took the case. He got a settlement offer so generous that the manager desperately wanted to accept it: full page retraction, apology, substantial payment. He may have been a turkey, but he was not foolish. Sid said it was not enough. He got more, before yielding to the client’s wish to settle. And oh, yeah, there were no more golden turkeys awarded.
Sid loved to litigate. He would rather fight than settle. His adversaries knew that, and as a result, he achieved great settlements. Sid’s rejection of an offer was never a bluff.
He had a fundamental belief in democracy, that the rules should be made by people who were elected, not appointed. If he had the choice, he would prefer to be a law maker rather than a lawyer or judge. He also felt that if a matter was worth taking on, it was worth taking all the way. I doubt that any private lawyer has been involved in more appeals.
Others know more about Sid’s career as a politician than I do. He did love to tell one story about his time in government. In 1975, Bob “Junior” Wilson had just been elected in a Wolseley by-election, narrowly defeating Sid’s friend, D’Arcy McCaffrey. In his first appearance in the Legislative Assembly, Wilson stood up to make his maiden speech. The protocol had long been that when a member speaks for the first time, they give a benign speech about how honoured they are to serve their constituents and how they look forward to working with everyone in the house. Instead, Wilson launched into an attack on the governing Schreyer government, accusing them of every misdeed known to politics, and demanding that they immediately resign and call a general election. It fell to Sid to respond on behalf of the NDP majority.
“The Honourable Member has ignored the usual protocol for new members. I don’t mind that. I have no particular affinity for protocols. I think members should say what they genuinely feel. So I commend the Member for being so frank. I have some difficulty with his message, however. He says that we should resign and cease to govern. But that would be undemocratic. A majority of Manitobans have elected us to run the Province. That is our duty. He may not like it, but the fact is that we are his government. But if he feels badly about that, he should imagine how I feel. He is my member!!”
I’ll close by saying that in Sid’s pre-politics practising days, there were many colourful lawyers that made being a lawyer a fascinating profession. By the time he returned to practice, there were only a few of the wild ones left. The profession needed a gadfly like Sid to make practice fun. The reason he got so many votes from the profession is that Manitoba lawyers recognized that in Sid there was a fearlessness mixed with skill, humour, joy and a profound understanding of the policy reasoning behind the letter of the law. There was no one like him, and I doubt that there will be one. I will miss him.

Continue Reading

Local News

Sid Green – famed lawyer, one of the first Jewish provincial cabinet ministers, and first director of BB Camp – passes at age 96

By BERNIE BELLAN Sid Green, whose name was well known in so many different circles in Manitoba, passed away on Sunday, June 7, at the age of 96.
Green was perhaps best known as one of three Jewish Members of the Legislature who became cabinet ministers in the first ever NDP government in Manitoba, which came to power in 1969 under the leadership of Ed Schreyer. (The other two Jewish members who became cabinet ministers were the late Saul Cherniack and the late Saul Miller.)
Green, who had first been elected as an MLA in 1962 representing the riding of Inkster, led a challenge to then-NDP leader Russ Paulley in 1968, which eventually led to Paulley resigning as leader. The subsequent leadership race saw Green, who was only 39 at the time, facing off against a 32-year-old Ed Schreyer.
Although Green and Schreyer were later to part ways over a number of issues – especially over the issue of aid to private schools, Green and Schreyer were actually good friends.
In fact, Ed Schreyer, who is now 90, spoke at Green’s funeral, which was held Tuesday, June 9, at the Chesed Shel Emes (with interment following at the Hebrew Sick Benefit Cemetery).
In his early years, Sid Green was a very active member of the YMHA on Albert Street, serving as president of the house council for several years. A fierce athlete, Green competed in basketball and volleyball at the Y. At the age 50 he took up ice hockey – and was known for his fierce competitiveness. He was to serve on the board of directors of the YMHA for many years, right up until its closing in 1997.
Green was also the quarterback for the University of Manitoba law school football team during the early 1950s – and led them to two school championships. In a 2019 interview I conducted with Green about his early years at the YMHA, he noted that he was the only 5’6″ 150 pound quarterback in the inter-faculty league.
In 1954 Green became the first director of BB Camp, which had just moved to Town Island from Sandy Hook.
In 1955, Green graduated from the U of M law school, winning the gold medal in law that year.
He went on to become one of Manitoba’s most successful labour lawyers, subsequently pairing withfamed labour lawyer, Leon Mitchell, later to be joined by Sam Minuk (who was to become a provincial court judge) in what became the firm of Mitchell, Green & Minuk.
During his time as a lawyer, Green often represented employers – which might seem a little surprising for someone who such a staunch NDPer. But Green was staunchly opposed to entrenching laws such as anti-scab legislation or secret ballot voting to unionize. He thought it important to represent any client, including employers engaged in disputes with unions, no matter how much he might have disagreed with that client’s position, and because he was so skilful in arguing a case, he was much sought after by employers to represent them in labour disputes.
He was so respected as a lawyer, moreover, that he was often asked to represent other lawyers in cases before the courts.
Green was also very pro-Israel and extremely proud of his Jewish roots. Although not a religious man, during his many years at the Y – first on Albert Street, then later on Hargrave, Green was involved in developing many Jewish cultural programs.
In days to come we will have much more about the life of Sid Green. In the meantime, if you want to watch a video interview I did with Sid about his experiences at the Y on Albert Street, you can go to Sid Green reminisces.
Sid Green was predeceased by his wife Shleema in 2009 and is survived by his five children: Arthur, MIndy, Cathy, Sharon, and Marty, as well as 15 grandchildren.

For more about Sid Green’s career, read Grant Mitchell’s eulogy, which was delivered at the Meal of Remembrance following Sid Green’s funeral on June 9: Grant Mitchell on Sid Green

Continue Reading

Local News

The Jewish Post Ltd.’s brand new website

Click here to be taken to our new website featuring foods you can find on Facebook Marketplace

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News