Local News
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
Third annual JFest Winnipeg will be offering programs for all ages
By MYRON LOVE JFest Winnipeg is back with a good variety of musical performances, a book launch, popular Jewish-themed films, children’s activities, and a family-oriented Shabbat dinner.
“JFest,” observes Laura Marjovsky, the Rady JCC Director of Programming, “is an opportunity for our community to experience Jewish art and culture. With our range of JFest events, we are trying to reach out beyond what has been our base audience and appeal to all ages. We have a commitment to bring top notch Israeli performers to share the highest caliber of Israeli entertainment with our audiences.”
The week-long festival (November 14-21) kicks off with a performance by top-ranked Israeli singer-songwriter Harel Skaat. The popular Israeli star began singing as a child. He shot to fame when he finished second in the second season of “Kochav Nolad” – Israel’s version of “American Idol.” His first album was released in 2006 and achieved Platinum status – with one of the songs being ranked as “song of the year.” He followed that up in 2009 with a second album that reached Gold status. In 2010, he represented Israel at the Eurovision competition.
Skaat’s performance is scheduled for the Seven Oaks Performing Arts Centre (which is attached to Garden City Collegiate) beginning at 8:00 P.M. on Saturday, November 14. Patrons will have the opportunity to purchase an enhanced ticket to attend a meet and greet with Harel.
All other JFest programs and activities will be at the Rady JCC.
Music Producer Karla Berbrayer says Ben Caplan’s performance on Saturday, November 21 will also be another highlight. “Ben Caplan redefines what it means to be a modern folk artist,” Berbrayer says. “His music and stories are matched by his larger-than-life stage presence. This concert focuses on how his Jewish upbringing has influenced his entire performance career.”
“Flatland Famous” is returning by popular demand. This quintet, known for its performances at Winnipeg Jets games, will be presenting its concert, “Jewish Soul of Rock and Roll,” on Wednesday, November 18, at 7:30 pm. This year’s show will feature songs by Amy Winehouse, Neil Diamond, Barbra Streisand, Simon and Garfinkel, and other famous Jewish icons.
On Tuesday, November 17, local author Deborah Schnitzer will be taking centre stage with the launch of her new book, “The Woman Who Swallowed West Hawk Lake.” The University of Winnipeg English Professor Emeritus’s new novel explores intergenerational trauma related to Nazi breeding programs. Joining Schnitzer on stage will be a panel of professionals who have experience working with children who have experienced trauma.
And of course, “Best of the Fest” is back. Films to be presented will include“The Floaters” and “We Met at Grossingers,” two wildly popular movies at last spring’s Winnipeg International Jewish Film Festival.
“The Floaters,” to be screened on Monday , November 16 at 7:00 pm is a funny and bang-on depiction of Jewish summer camp culture.
“We Met at Grossingers” is a loving look back at the Borscht Belt in New York’s Catskills, where generations of young Jewish performers earned their dues and developed their acts. The film will be screened on Thursday, November 19 at 7:00 P.M.
On Friday November 20, JFest will host a Family Shabbat dinner featuring Anat Kriger, an Israeli-born, Toronto-based musician, actor, and children’s performer, who has made several appearances in Winnipeg at major communal events.
Kidfest on Sunday, November 15, will be a day-long potpourri of programming that will include live performances, workshops, bouncy castles, games and crafts, and much more.
Readers seeking more information about JFest can contact Laura Marjovsky at 204 477-7539 or lmarjovsky@radyjcc/com
Local News
Hen Mazzig, leading Israeli advocate, makes first Winnipeg appearance
By MYRON LOVE On Tuesday, October 6, a large number of members of our community packed the chapel at the Shaarey Zedek Synagogue, eager to welcome Hen Mazzig in his first appearance in our community.
Over the past few years, the Israeli-born Mazzig – who was appearing at the invitation of our Jewish Federation and Combined Jewish Appeal team – has become one of Israel’s and the Jewish people’s leading advocates on the international stage. His online platforms reach as many 100 million viewers a month with a regular following of almost 1 million. He has been interviewed by numerous leading media outlets and has given addresses at close to 500 universities in recent years.
Mazzig’s presentation in Winnipeg (which was funded by the Asper Family and the Asper Foundation) took the form of a question and answer format with Sarah Mali, the Director General of JFC-UIA (Jewish Federations-United Jewish Appeal) Canada in Israel, asking the questions.
Mali , who was visiting Winnipeg for the third time in the past three years, began by expressing how honoured she felt about having the opportunity to converse with Mazzig – referring to Jewish Federation of Winnipeg President Carrie Shenkarow’s comments regarding Mazzig’s “devotion to Israel and the Jewish people”, his “deep sense of purpose, moral clarity” and “willingness to enter some of the most difficult spaces and conversations.”
The first question that Mali posed to Mazzig was related to his visit to the Canadian Museum of Human Rights and its controversial and one-sided take on the longstanding and ongoing Israeli-Palestinian conflict. She referred to a comment that Mazzig had made on X the day after visiting the museum, in which he wrote that while he “has no problem with people learning about Palestinian history,” he wished that “Palestine Uprooted” didn’t “distort the regional events, including the displacement of 800,000 people just like my grandmother, Hela, who became a refugee when Iraq turned on its Jewish community” post-1948.
“History can only lead to reconciliation when it is told honestly,” he observed. “Otherwise, it is just fuelilng an agenda.”
What most disturbed him about the exhibit, Mazzig told his audience, is that it erased his own family’s history. Expanding upon his family’s roots, he noted that his father’s family came to Israel from Tunisia and his mother’s side from Iraq. He spoke in particular about his maternal grandmother, Hela, who left behind “a beautiful civilization” – Jews had been living and thriving in Iraq since before the Roman destruction of Jerusalem 2000 years ago – to a new land (Israel), where she had to learn a new language (Hebrew) and rebuild her life.
Mazzig added that his grandmother is his anchor in life and the inspiration for all that he has accomplished.
Mali asked Mazzig about his ability to empathize with Palestinians. It was difficult to do, he answered. He got to know Palestinians, he recalled, during the Covid epidemic when he was serving as a medic with the Israel Defense Force and found himself responsible for helping Palestinians through that difficult time and transporting sick Palestinians to Israeli hospitals.
“Even though I fight so hard for Israel,” he observed, it doesn’t mean that I can’t feel empathy for anyone else.”
Mali asked Mazzig how October 7, 2023, changed him.
“I chose not to become a victim,” he said, “but rather to engage more with the world, bear witness, share our stories and talk about genocide. While I was actively advocating for Israel before October 7, I have been much more in demand since. I have become a lot more visible.
”I have found that a lot of people support us,” he continued. “They see what is happening and are on our side.”
On the other hand, he added, a lot of people don’t know anything about Israel. “It is a matter of education,” he said. “I encourage people to go to Israel and talk to Israelis.”
Mali’s last question was what Mazzig means when he writes that “I promise to love being Jewish ten times more than anyone hates me for it.” What does it mean to him to love and find joy and happiness in being Jewish”, she added?
It means cherishing our rich history, Mazzig responded, enjoying Shabbat dinners with family and friends, celebrating all of our holidays and traditions.
“The Jewish People have been through so much over the past 2000 years,” he said. “Many people have tried to destroy us, but we have survived. We are arisen from the ashes numerous time and continued to move forward. Not only are we still here but we have returned as an independent people living again in our ancestral homeland.”
Also addressing the audience at the Shaarey Zedek was Steven Shulman, the president and CEO of the Jewish Federations of Canada. Shulman heaped much praise on our Jewish community in Winnipeg.
“Winnipeg is special,” he noted, “not just in Canada but worldwide. Your CJA campaign continues to be the most successful in North America. You have an outstanding CEO (of the Jewish Federation of Winnipeg) in Jeff Lieberman, who is universally respected.”
He further praised Gray Academy and our community’s highly successful GrowWinnipeg campaign – which has attracted thousands of new families to our community over the past 25 years.
He noted that he was particularly impressed with how our community has come together to protest the biased Nakba exhibit at the Canadian Museum for Human Rights.
He also spoke of the many supporters that we have among non-Jewish Canadians – singling out, as an example, the police officer in Belleville who put his own life on the line protecting the city’s only Jewish congregation from a terrorist attack during yom tov services.
The last word went to Jeff Lieberman, who thanked all the members of our community who have contributed to the CJA campaign this year, as well as our many non-Jewish friends who continue to stand with Israel and the Jewish community.
Local News
Enrolment in videographer/photographer Jeff Gordon’s education programs growing exponentially
By MYRON LOVE When last I spoke with local videographer/photographer Jeff Gordon early last year, he had just launched his new training program for budding photographers and videographers. Now, about 20 months later, he is happy to report that his new course has grown well beyond his original expectations.
“My program has already graduated more than 100 students – with another four sessions beginning in September,” says the founder of JAG Videos and Photography. “I have recently introduced a new training program geared to organizations and businesses and have digitized my courses so that they can be accessed from anywhere in the world.”
What is unique about what Gordon is doing in that this is the only educational program that combines photography and video. “Up until now, the only options for anyone interested in learning the art of photography or making videos has been either Red River College or the University of Winnipeg,” Gordon pointed out in that earlier Post interview. “I recognized a niche here and my goal is to fill this gap.”
He launched his educational initiative in mid-January in his new studio behind his north River Heights home with three classes a week – one strictly for teenagers – over 16 weeks.
“The response exceeded my expectations,” he said in that earlier interview. “We sold out quickly and I have a waiting list. I am teaching the students everything I know about photographer and videography. The curriculum is easy to follow.”
Gordon’s interest in photography and videography – and teaching, he recalled, came about through his previous career as a musician. The graduate of the Hebrew Bilingual program at Brock Corydon Elementary School, and later, Shaftesbury High School – began playing drums in high school.
After high school, he enrolled at the Los Angeles Music Academy. In 2006, he graduated from the jazz program at Grant MacEwan University in Edmonton. His professional credits include 16 years as a drummer with the Sarah Sommer Chai Folk Ensemble, and five years as a member of a touring band called “Driver.”
It was while performing with “Driver” that he began doing videography. “I have always been fascinated by technology,” Gordon said. “While on tour, I began making videos of our live concerts. I would set up four or five cameras to record the shows.”
In 2014, Gordon took the plunge and dove into photography and videography full time with the founding of JAG Videos and Photography. He started with weddings and gradually started to develop a commercial and corporate clientele. He reported that he does a lot of head shots for businesses. He has also done a number of TV spots for Global and Corus.
Gordon’s curriculum is his own creation, based on his experience and a previous training manual he wrote years ago for an entirely different group of students: drummers.
“I used to have as many as 40 students at a time,” he recalled. “I really enjoy teaching. I love expounding on subjects I am passionate about.”
Gordon’s first foray into teaching had a focus on helping businesses and organizations, government departments and agencies enhance their online presence.
“Increasingly, we are in a digital world,” he points out. “Businesses need staff who are adept at making videos and taking photographs. Companies need staff who are able to create videos for them to promote the business online. I can customize my training programs to the needs of my clients to create their own social media and marketing materials.”
Gordon notes that this outreach wasn’t initially part of his expansion plans. “I had people coming to me for this training because there is no one else providing this kind of education,” he observes.
Gordon’s major new development this fall is that he has built and launched a full digital version of his course – which he calls The JAG Creator Academy. “Going digital has opened the training up beyond Winnipeg and makes it available to people globally,” he points out.
“I developed a website, filmed all my tutorials and recorded the video,” he says.
“I even have a sponsor for it,” he adds. (That would be Evoto – an AI-powered photo editing software built specifically for professional photographers.)
The program is only available in English but, Gordon reports, there has been a lot of interest so far.
The next stage in the evolution and growth of Gordon’s move into education will be a program which will coach businesses on SEO (Search Engine Optimization) – and which will involve helping businesses access Google and get their name at the top of search results.
“SEO is what has helped my business stay at the top of Google (searches) and in demand all these years,” Gordon notes. “I am running ads for my new SEO programming on Facebook and Instagram. I am anticipating that I will draw clients from across Canada and the United States.”
While he is still in demand locally as a photographer and videographer, he notes, the education side has also become a full-blown business of its own and, he reports, he is looking to hire additional staff.
As well, he is continually adding new topics and courses to his offerings.
Readers who may be interested in contacting Jeff can find him through his website, which is www.jagvideos.com.
