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How effective are Canada’s hate speech laws in combating anti-Semitism?
By BERNIE BELLAN Are Canada’s hate speech laws at all effective in combating what has been an outpouring of anti-Semitism since the Hamas massacre of October 7?
That was the question discussed by two individuals with legal backgrounds – Lea Ross and David Matas, in front of an audience in the Multipurpose room of the Asper Campus on Tuesday, December 19.
The event was sponsored by The Jewish Federation of Winnipeg, Winnipeg Friends of Israel, and Bridges for Peace. There were about 75 people in attendance.
Lea Ross is a former lawyer who now works teaching musical conducting within the Winnipeg school system. She is also a former student of David Matas – having studied human rights law with Matas at the University of Manitoba law school. Ross also had a number of years experience at the Manitoba Legislature helping to draft laws.
The format for the evening, following introductory remarks, had Ross posing a series of questions to Matas about human rights laws and, following Matas’s answers, entering into further discussion with him about what he had said. Their exchanges moved along quite quickly and, after about an hour, members of the audience were also invited to ask questions.
Ross had also prepared a hand-out for audience members which listed “relevant federal and provincial laws related to hate speech and expression.
In her introductory remarks Ross noted that, since 2009, there have been approximately 2,000 hate crimes a year recorded in Canada. Ross observed that various professors at law school had stated that hate crime laws in Canada “are ineffective and largely symbolic.”
“It’s as if Canada passed a law and then walked away,” Ross oberved.
Having made her thoughts on hate laws here quite clear to the audience, Ross asked Matas the first of her series of questions: “What more can be done?”
Matas responded that we can “increase the sentences for hate crimes, but we can’t look at hate crimes alone.” Matas added that one of the defenses often offered by individuals charged with hate crimes is that what they had said was “the truth.” He explained that Section 319 (3) of the Criminal Code says, among other things, that “No person shall be convicted of an an offence… if he establishes that the statements communicated were true,” but Matas suggested that “truth is a problematic defense.” (One might think, for instance, of the contention that saying Israelis are guilty of “genocide” could be considered hate speech, but the most commonly heard rebuttal to that argument is that genocide can have various interpretations and therefore, it might be true.)
Further, Matas alluded to the difficulty even in initiating a hate crime charge under the Criminal Code of Canada (which added hate crimes to the list of criminal offences in 1985). According to Section 319 (6), “no proceeding for (a hate crime) offence shall be instituted without the consent of the Attorney General of the province in which the hate crime is alleged to have occurred.” (That difficulty was also cited by Prof. Bryan Schwartz in a talk he gave about antisemitism on university campuses in the Berney Theate on Thursday, November 30. My report on that talk can still be read on our website.)
Notwithstanding the difficulty in getting a hate crime charge laid, Matas did suggest that, if one were sufficiently motivated to do so, one could launch a private prosecution against an individual for a hate crime.
Matas also added that, “We’re not so much interested in how to make the (hate crime) laws better, it’s how to make the laws work” in the first place. For instance, he suggested, “you could use other offences in the criminal code that don’t require the consent of the attorney general.”
He brought up a recent instance in which a man in BC was charged with “indecent communication” for making threats against an Ottawa Jewish doctor in a phone call made to that doctor.
Ross brought up a section of the criminal code hate laws that refer specifically to “promoting anti-Semitism.” Section 319 (2.1) says: “Everyone who, by communicating statements, other than in private conversation, willfully promotes anti-Semitism by condoning, denying, or downplaying the Holocaust” is guilty of an offense. Ross wondered whether that section ought to be “broadened to target conspiracy theories” beyond the Holocaust?
She then brought up the hornet’s nest known as the internet, asking Matas what he thought could be done to better control the explosion of anti-Semitism on the internet?
Matas responded that “the first recourse shouldn’t be to the police, it should be to the internet providers…If hate speech violates the terms of service (of a particular provider), then they can cut them off.” (Matas also said he actually has read many of those interminable “terms of service” documents that are included in so many websites and apps. That in itself should get him some kind of special award.)
Now, lest one think that the Canadian Charter of Rights and Freedoms, which guarantees, among other guarantees, “freedom of expression,” Matas noted that “the Canadian Charter doesn’t apply to private companies.”
“France and Germany hold internet companies liable for what’s posted,” Matas pointed out.
Further to the issue of what constitutes antisemitic expression, Ross referred to the expression, “From the river to the sea, Palestine will be free,” noting that both Austria and the Netherlands have moved to have that expression banned. She wondered whether “Jews should move to have it banned in Canada” as well?
Again, Matas responded that the Charter’s right to free expression wouldn’t pertain to someone mouthing that expression on a university campus, as “the Charter doesn’t apply to universities.”
Thus, “if the (Federal) government were to ban it, it would be subject to the Charter, but if universities and private companies were to ban it,” the Charter wouldn’t apply, so it is conceivable that a university could act to prevent a student or students from voicing that expression. (At the end of this article I refer specifically of the case in which a University of Manitoba Nursing student was suspended for sharing anti-Semitic posts on Instagram.)
Yet, Matas wondered, “Do we start legislating expressions?”
Ross asked: “What can we do to better protect our youth from hate speech?”
Matas drew upon his own experience as a youth, when he saw a film about “stereotypes,” saying that film had a lasting impact upon him – and suggested that showing a film of that sort to students would be of great benefit.
Ross brought up the question of competing rights: The right to freedom of expression and the importance of protecting vulnerable groups. She wondered how we can maintain a balance? (Interestingly, in this same issue, we have two different articles, by Michael Posner and by Henry Srebrnik, both of whom explore the issue of how far the pendulum has swung in protecting so called “vulnerable groups,” which apparently doesn’t include Jews.)
Matas said: “Academic freedom has gone wild, but very often you’re dealing with conflicting rights. The balance lies in determining where the greater harm lies,” but right now, “the balance is totally tilted” in favour of those so called vulnerable groups.
Ross asked whether “we should ever go to human rights commissions” when it comes to trying to protect against hate speech?
Matas responded that “human rights commissions (which are products of provincial legislation) don’t deal with incitement to hatred.”
Speaking of provincial legislation, Matas further explained that “the Defamation Act (also a Manitoba statute) which refers to a “libel against a race, religious creed or sexual orientation” doesn’t allow for damages, which is why it’s almost never used.”
Yet, Matas added, “it’s not as if we have nothing now. What we have to do is make better use of existing laws.”
One could sue for libel under the Defamation Act if one believes they were libeled as an individual; however, there is no such thing as “group libel,” Matas observed.
When it came time for questions, I asked the same question of David Matas that I had asked of Bryan Schwartz when he spoke about anti-Semitism on university campuses. I noted that the Faculty of Nursing at the University of Manitoba had suspended the Nursing Association’s president for what were described as antisemitic posts on Instagram. (Apparently her suspension is still under appeal. At least that’s the only news I could find when I tried to search for an update on that story.)
Regardless whether the suspension is reversed or not, that student was suspended for what were described as “anti-Semitic posts.” I said to Bryan Schwartz and I said to David Matas: The Faculty of Nursing exhibited some intestinal fortitude. (And yes, I’m well aware that one might say, this was different. How would a Jewish patient feel knowing the nurse dealing with them might be an antisemite? Come on: There are all sorts of professions and positions about which we could say the same thing.) The fact is, as I said to David Matas: The surprise isn’t that more universities haven’t taken action in response to hate speech, the surprise is that one actually did.
Local News
New GrowWinnipeg “Grow Together” highlights diverse origins of our growing Jewish community
By MYRON LOVE On Monday, June 11, about 120 younger Jewish Winnipeggers from diverse backgrounds came together at the Asper Campus for an evening of food and music, games and prizes and, most important, the opportunity to socialize with their peers from a growing community that reflects the long term success of our community’s 26-year-old GrowWinnipeg initiative.
“We are gathered here to celebrate your and your parents’ decisions to come to Winnipeg, build families and raise families here,” noted Dalia Szpiro, GrowWinnipeg’s director, in addressing the young adults in attendance.
To summarize, the GrowWinnipeg Initiative arose when our past community’s leadership recognized that our Jewish population was an aging and shrinking community with aging infrastructure.
The first stage was the planning and construction of the Asper Campus, which brought our major institutions and organizations under one roof in an attractive new building.
The next challenge was to attract more people to our community. GrowWinnipeg was created to take on the challenge. The initiative, which was officially launched in 2000, is unique in its efforts to reach out to young Jewish families throughout the Western world.
The first outreach efforts were directed at Argentina’s sizeable Jewish community at a time when the South American country’s economy was going through a very difficult period. Several of our community leaders visited the Jewish community in Buenos Aires and a website was established. Arrangements were made for local families to host Jewish Argentinians here on exploratory visits and the community helped the prospective immigrants navigate the then new Provincial Nominee Program, find jobs and establish themselves here.
Since then, many young families – from Argentina, as well as a great number of other countries – have chosen to make Winnipeg their new home. The young people at the recent GrowWinnipeg evening were reflective of the diversity of our growing community. During the course of the evening, I had the opportunity to speak with not only Israeli-born participants, also young people from Russia and Ukraine, Turkey and Uruguay – and a young lady who grew up in Ottawa.
Naomi Kirshenblatt Palansky originally came here from Ottawa to go to university. She met and married local entrepreneur Noah Palansky in 2023. (We wrote about Noah in the December 19, 2025 issue). That same year, the former competitive swimmer who competed in the Maccabiah Games in 2009 and 2013 served as manager of the Canadian Junior swimming team participating in the games. She is currently the director of operations and strategy for a company called CoinFlip.
Although born in Montevideo, Uruguay, Yael Borovich grew up in Winnipeg. She is the daughter of Dalia Szpiro and Eduardo Borovich (and younger sister of Vanessa) all of whom moved here in 2002. She is a graduate of the Asper School of Business and works as a senior client relationship manager for Scotia Bank’s commercial branch.
Siblings Igal and Edem Avimelek arrived here from Turkey six years ago with their parents, Etel and Moris. Edem is in her second year at the University of Manitoba while Igal is studying engineering at UBC.
They report that their father, Moris, has established the Upperwear Textile Agency – marketing textile products online – while their mother Etel, is senior IT Director, software development and data analytics and enterprise architecture at Standard Aero.
“Our parents were looking to move to a new country and came across the GrowWinnipeg webpage,” Edem says. “GrowWinnipeg has been really supportive of us in helping us move here and become established.”
More recent arrivals Alex Tsmokaliuk and Jane Hin are from Ukraine and Russia respectively and have been together since 2022. “We were looking for a peaceful place to start a family,”: Alex says. “We heard about GrowWinnpeg and here we are.”
Alex is a fitness trainer while Jane is working for WRE Development as a property manager.
Dora Bronstein, who is originally from Beersheva, is also a recent arrival to our community. “I came to Winnipeg because I wanted to get away from war – and I heard about GrowWinnipeg,” she says.
She is currently working for L.C. Taylor Licensed Insolvency Trustee as an estate manager.
Erele Tzidon and Daniel Mejnov
Last October, GrowWinnipeg introduced its new Youth Ambassadors program.
“Since October, we have been working to create an organized system and opportunities to help young newcomers find their people within our community,” wrote Youth Ambassador Erele Tzidon on Facebook.
“Our mission is to help young immigrants find a sense of home in Winnipeg and support a smooth and welcoming transition.
We are excited to help bring our young Jewish community together.
As reported in the Jewish Post about 18 months ago, Tzidon is originally from Moshav Ginaton in central Israel. She came to Winnipeg in 2018 with her parents Ofer – formerly regional manager for a car rental agency in Israel and now an RBC branch manager – and Sharon – an emotional therapist in Israel who is currently working as an educational assistant at Gray Academy – and three younger brothers.
The 20-year Gray Academy graduate has recently completed her third year in Science at the University of Manitoba. For the past three years, she has also been a member of Dr. Inna Rabinovich-Nikitin’s research team at the Institute of Cardiovascular Sciences (ICS), researching the link between pregnancy complications and the risk for heart disease.
In November, 2024, Tzidon was presented with the Dr. James S. McGoey Student Award – based on the quality of her cardiovascular research at the ICS, which operates out of the St. Boniface Hospital campus’s Albrechchtsen Research Centre.
Tzidon’s fellow Youth Ambassador is Daniel Mejnov. He was born in Beersheva but moved to Winnipeg with his parents, Dennis and Victoria (and younger brother Alon) 14 years ago. He is currently enrolled in an IT program at the University of Winnipeg.
Mejnov welcomed all those in attendance at the celebration and thanked the volunteers who helped him and Tzidon organize the event.
“It has been great being able to bring so many people together,” he said. “This is a good way to unite our community.
Two other individuals of particular note that I spoke with at the event were Orit Agabayev and Alina Plis, partners in three year old A and O Event Décor, who provided the balloon arches and walls, table settings and centre pieces for the evening.
Agabayev is originally from Netanya and Plis is from Yeruham (in southern Israel). The latter has been here for 18 years and operates a daycare. The former came 16 years. Her principal career is working in the field of animal nutrition.
In an Instagram PosI from four years ago, Plis noted that “I have always been passionate about planning parties and events. I started out with planning big surprise birthday parties for my kids. Eventually I began planning and decorating events for family and friends. Now I am taking the next step with my friend, Orit, who shares the same level enthusiasm as me. What drives me to go above and beyond is simply the excitement my creations bring to those who see my work.
On Facebook, Agabayev added that “Alina and I are so excited to start A&O event decor. We both love decorating and planning different events. We hope that you can put your trust in us to create or decorate an event for you. We do Birthday parties, anniversaries, bachelor/bachelorette parties, proposals, weddings and more..
“Message us with your ideas to get a free quote and you’re one step closer to having an unforgettable event.”
Local News
Hungarian Holocaust survivor focus of new documentary co-produced by Winnipeggers Liam Karp and Jamie Michaels
By MYRON LOVE “I Draw Things the Best I Can,” a new documentary co-produced by Winnipegger Liam Karp and former Winnipegger Jamie Michaels premiered June 8 at the Toronto Jewish Film Festival.
The 40-minute film focuses on the life of Hungarian-born Holocaust survivor Adam Policzer from his childhood hiding with neighbours in Miskolc in 1944, his postwar immigration to Chile to reunite with his father (who came to Chile just before the war but was unable to bring his family out), his imprisonment in Chile for over a year under the dictatorship of General Augusto Pinoche following the coup in 1972, his subsequent immigration with his wife and family to Vancouver, and his successful career as an architect.
Earlier this year, Policzer unveiled a new side of himself. He wrote and drew all the illustrations for “The House Across the Street,” the story of his struggle for survival – a memorial he had published in the form of a graphic novel. The book was published by Jamie Michaels’ “Dirty Water Comics” in June.
According to its webpage, Dirty Water Comics is “a boutique publishing house that specializes in literary comics that showcase a unique voice and a talent for storytelling. We publish a selective catalogue, create immersive readings, and pride ourselves on championing the work we curate”.
Michaels co-founded the company in 2016 in order to publish his own first graphic comic –an account of his ambitious journey some years before – along with a couple of high school friends – to travel by canoe down the Red and Mississippi Rivers to the Gulf of Mexico. The launch of that graphic novel was reported in a story that previously appeared in The Jewish Post & News.
The son of John Michaels and Karen Stern then published a second graphic novel recounting the 1933 Christie Pitts riot, which pitted younger members of Toronto’s Jewish community and their supporters against Nazi-inspired thugs.
“The House across the Street” is Dirty Water Comics’ fourth publication. (“The Harrowing Tales of La Coriveau” – the third publication – “is a graphic novel retelling the legend and history of Marie-Josephte Corriveau, a Quebecois woman whom the English executed in 1763 for the murder of her second husband. Following her death, Corriveau was hanged from a tree outside of Quebec City in an iron cage. In the centuries that followed, her story was transformed. She became a caged witch who haunted lone travellers, a reviled murderess, and a victim of circumstance”.)
“I first met Adam Policzer a couple of years ago when he approached me about his book,” recalls Michaels, who recently earned his Ph.D from the University of Calgary, where he currently teaches. (His dissertation was on the evolution of Jewish and Arab nationalism during World War I.) “I reached out to Liam and he and I both thought it was a beautiful story and thAt we should make a documentary about Adam.”
Karp and Michaels have been friends since high school (Grant Park). Over the past ten years, the son of Marcia and Morris Karp has built a successful career as the go-to guy for visual effects for movies and television series being shot in and around Winnipeg. He is currently providing his expertise for the remake of the popualtr TV series “Little House on the Prairie,” which is being shot in and around Winnipeg.
In filming the documentary, Karp and Michaels spent time with Policzer and his family in Vancouver. They also filmed on location in Budapest and visited Miskolc to interview members of the family that hid him during the Holocaust.
Karp and Michaels express their appreciation to the Jewish Foundation of Manitoba and Manitoba Film and Music, which provided funding for the project.
Michaels reports that the partners have secured several screenings of the documentary throughout North America. “We hope to show Adam’s story at the Winnipeg Jewish Film Festival next year,” he says.
While Karp and Michaels don’t currently have any plans to collaborate again as yet, they both say that they would like to work together again.
Local News
Former Winnipegger Libby Goszer in need of a kidney donor
By MYRON LOVE It is written in the Mishnah that whoever saves a life is considered to have saved an entire world.
About 18 months ago, Libby Goszer’s kidneys failed and she went into renal failure. She undergoes dialysis – at home – on a daily basis. Her life hangs in the balance and she is reaching out – with the help of first cousins Marnie Ross and Sharon Goszer Tritt – to the community in hopes of finding a kidney donor.
The only child of the late Boris and Eve Goszer grew up in West Kildonan. After graduating with a degree in Psychology from the University of Winnipeg in 1982, she relocated to Vancouver for post-graduate studies and built a life there. She married Doug, had one son, Micah, and practiced clinical psychology for about 35 years.
Her health problems began in 2007 when she was diagnosed with Acute MyeLoid Leukemia. “I underwent a stem cell transplant,” she reports. “As it happens, my donor was Israeli. The operation was successful. I did very well for a number of years.”
(Ed. note: In the June 12, 2019 issue of The Jewish Post & News I wrote about Libby’s having received a stem cell transplant from an Israeli donor. Libby was a featured speaker at a dinner sponsored by an organization know as Ezer Mizion. Former Winnipegger Solly Dreman was instrumental in fundraising for that organization and had played a pivotal role in holding a fundraising dinner in Winnipeg that June to raise awareness of Ezer Mizion.
Here’s what I wrote back then about Libby’s story:
“Libby Goszer told her own heart-rending story of how close shecame to dying when she herself developed acute leukemia in 2006.
“ ‘One moment I was a confident professional, wife and mother; the next moment I was in an isolation room…After treatment, I was given a 60 percent chance my leukemia would return – and it did. I needed a perfect stem cell donor match.”
“In November 2008, fortunately, that perfect match was found in Ezer Mizion’s registry. Transplant recipients aren’t able to find out the names of their donors until a year after having received their transplant but, waiting on the surgical bed that day in November, Goszer said she was overjoyed when she ‘saw a woman come in carrying a bag of stem cells. It never occurred to me though that bag had been transferred all the way from
Israel.’
“In 2012 Libby ‘learned about the donor’s identity’ and in 2013 she and her family flew to Israel to meet her donor, whose name was Moshe, along with his immediate family.
“ ‘They (Moshe and his family) were as excited to meet me as I was to meet him,’ Goszer said. ‘From the darkness of a life-threatening illness has emerged a set of relationships between Moshe, his family, and my family.’
“In closing, Goszer urged members of the audience to think of this ‘night as a night of solidarity where we as Jews will be reminded that we will do what we can to take care of one another.’ “)
Fast forward seven years and Myron continues his story…
“The drawback, however, Libby now notes, is that the immunosuppressive drugs that she had to be on to prevent the rejection of her earlier transplant caused irreparable damage to her kidneys over several years.
I first became aware of Libby Goszer’s plight when – a few weeks ago – I came across an information sheet – prepared by Marnie Ross – while at a community program at the Shaarey Zedek.
“Sharon (Goszer Tritt) helped get the information sheets into the Shaarey Zedek,” Ross says. “I also left copies at the Rady Centre.”
The sheet describes how kidney disease has impacted Goszer’s life – in particular the loss of energy and extreme physical and mental fatigue. Ross has also created a Facebook post (https://www.facebook.com/share/p/1Bj35eg5nz/ which, so far, has generated 76 shares. “We hope that the people who have responded will share the information with their online contacts,” she says. “We want to get the word out.”
Goszer adds that the members of Temple Sholom, the congregation which she has belonged to since 1992, have also been supportive.
She reports that three friends have come forth to test to see if they are a match. One of the three may be and is undergoing more tests to make sure.
“If you want a really thorough medical check-up, “she observes, “I would recommend that you volunteer to become a kidney donor. They test everything to make sure that the donor is in good health and won’t suffer any damage to their health by donating a kidney.”
She further points out that you can live a long and healthy life with one kidney.
Goszer is also listed with Renewal Canada, a Jewish organization that “helps patients and their families navigate the complex process of kidney transplant, from finding a donor to arranging the transplant and beyond”. The organization also provides financial support for donors “to make sure their incredible self-sacrifice is as easy as can be and comes at no financial cost to them”.
Interested readers can contact renewalcanada.org/libbygoszer – or contact the Living Donor Kidney Program at Vancouver Coastal Health at kidneydonornurse@vch.ca (or phone 1-604 875-4111) and include Libby’s name and birthday (July 31,1958).
While Libby Goszer’s friend is a strong possibility, she notes that you can’t be sure until final approval is received.
“I generally am a positive and optimistic individual,” she says. “There are times when I feel down but, overall, I continue to have faith and hope that things will turn out well.”
“I have so much living left to do and I ask you, from the bottom of my heart, to consider kidney donation. I long to return to a fuller clinical practice, resume volunteering and, of course, watch my son wed and raise his children in our Jewish way of life.”
