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
GrowWinnipeg celebrates 25th anniversary
By MYRON LOVE On Wednesday, June 25, about 250 Jewish Winnipeggers – comprising lifelong residents as well as newer arrivals, came together at the Asper campus to celebrate the 25th anniversary of GrowWinnipeg, an initiative that has revitalized our Jewish community – in our camps, school, synagogues and other institutions and given our community a much more international flavour.
Our community’s population peaked in terms of population in 1961 when Winnipeg Jewry numbered around 20,000. The years after had been a period of steady decline. By 1961, most of the Jews living in smaller communities in the Prairie provinces – the source of much of our ongoing population replenishment up to that point – had largely disappeared.
A s Bob Freedman, the former CEO of the Jewish Federation of Winnipeg (and its predecessor, the Winnipeg Jewish Community Council), noted in his remarks at the 25th anniversary party, by 1986, community leaders recognized that ours was an aging and shrinking community with aging infrastructure.
“We recognized that something had to be done,” he recalled.
The first stage, he pointed out, 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. GrowWinnipeg is unique in its efforts to reach out to young Jewish families throughout the Western world .
The genesis was a chance meeting on an airplane almost 30 years ago between former Manitoba Lieutenant-Governor Janice Filmon – at that time the wife of then-Manitoba premier Gary Filmon, and a Jewish businessman from Argentina who was contemplating moving to Toronto. Filmon persuaded him to consider Winnipeg instead. He was impressed by what he saw and suggested that the community send representatives to Buenos Aires to meet with other Argentinian Jewish families who were considering leaving.
That planted the seed.
Shortly thereafter – in 1998 – Larry Hurtig – then the president of the Federation, his son, Jack, and a representative of the provincial government, made an exploratory visit to Buenos Aires to gauge what interest there might be among young Jewish families to consider moving to Winnipeg.
GrowWinnipeg was officially launched in 2000. Our community opened its arms in welcome to the new arrivals who began to arrive, hosting them in our homes and helping them become acclimatized to their new surroundings.
Evelyn Hecht became the principal contact for the newcomers. “I was lucky that I happened to be working for the Federation when we opened the campus and turned our energies to repopulating our community,” Hecht noted in her remarks at the recent celebration. “Fortunately, the pieces fell into place at just the right time.”
Those pieces, Hecht related, included: the Manitoba Provincial Nominee Program – which allowed community support groups to recruit specific immigrants; the arrival of a small number of Jewish families from Buenos Aires who encouraged community leaders to look to their former home as a potential source of Jewish immigrants; and the availability of email and the internet.
The initiative – led by Hecht – recruited a group of local Jewish families who were prepared to host potential immigrants who had begun to come for exploratory visits. The connections made by the new arrivals and their local hosts resulted in many long–lasting friendships, Hccht noted.
She praised Jewish Child and Family Service for helping the new arrivals to become established here and integrate into the community.
Efforts were also made to build a data basis of potential employers for the newcomers.
GrowWinnpeg was kicked off by two visits to Buenos Aires – visits Hecht describes as “exciting and exhausting” – in the early 2000s, when Hecht and other Winnipeg representatives met with potential immigrants and heard their concerns about life and personal safety in Argentina and hopes for the future that Winnipeg might be able to give them.
“I remember,” she said, “the numerous meeting I held in my office on the third floor here listening to people’s excitement and concerns and answering questions about life in Winnipeg, our Jewish identity, schools, synagogues, employment, housing and especially, safety. I always emphasized that they would encounter struggles, disappointment and possibly, crises – but I assured them that we would be here to help.
“And I remember feeling so much happiness when people would show up at my door to share good news about babies born, bar and bat mitzvahs, graduations and new jobs – and the numerous times I was in Citizen Court where so many were so proud to receive their citizenship certificates. “
And they are still coming. Dalia Szpiro, Hecht’s successor, reports that, over the past 25 years just under 7,000 people have come here under the aegis of GrowWinnipeg – and not just from Argentina. We have had families from Brazil, Uruguay and other South American countries, Mexico, Europe, and, in more recent years, especially from Israel.
For former Israelis I spoke with on the 25th, such as Slava and Karina Pustilnikov, Irena Oz and Marina Shapiro and her 19-year-old son, Adam, all of whom have been here for 10 to 15 years, the primary motivation was being in a safer environment.
For Ori Rahima and his wife, Anna Shapiro, who have been here for seven years and have three children under six, the pull was greater opportunity and a better standard of living.
Then there is Esther Barna, a teacher by training, newly arrived from Budapest. “Hungary is not a good place to be a Jew,” she says. “There is a lot of antisemitism. I was looking online for a better place to go and came across the GrowWinnipeg website. I love it here.”
In her concluding remarks, Dalia Szpiro, herself an immigrant from Uruguay about 20 years ago, thanked the many Jewish organizations and individuals in the community who have helped to make GrowWinnipeg the success that it is.
“Over 250 volunteers each year meet with our exploratory visitors – opening their homes, their hearts, their time, their insights and their networks,” she noted. “There is something very special about our community and our province. Every exploratory visitor who comes here as part of their immigration journey discovers it.
“This 25-year milestone is a reason for pride and celebration – and a renewed commitment to the future. We are already working on new strategies – to strengthen what we have built, support immigration, foster inclusion and create more opportunities for newcomers to grow and prosper.”
Local News
Long time community members Bryan Schwartz, Myriam Saitman receive rabbinic ordination
By MYRON LOVE On June 21, Bryan Schwartz and Myriam Saitman received their rabbinical ordination through the Jewish Spiritual Leaders Institute (JSLI) Rabbinical School – bringing the number of JSLI rabbinic graduates in our community to seven.
“I felt a calling,” says Saitman, who is the new spiritual leader of Temple Shalom, our community’s roughly 60-year-old Reform Congregation. Saitman notes that she is Temple Shalom’s fourth female rabbi.
Originally from Buenos Aires, Saitman and her family answered our community’s call for new young Jewish families that began with the Federation’s GrowWinnipeg campaign. They arrived here in 2003.
“We were attracted by a community that offered a safer environment for raising a family and better economic opportunities,” she recalls.
Although raised in a secular family, she notes that, as a young adult she was drawn to learning more about Judaism. “I took Hebrew classes in Argentina and started on a spiritual path,” she recalls.
Soon after coming to Winnipeg, she found her spiritual home at Temple Shalom. Over the last many years, she has served as a volunteer in several capacities at the synagogue – both at the school and as a long time member of the board. Since 2016, she was also one of the lay service leaders, often leading Kabbalat Shabbat services on Friday evenings.
When her predecessor, Allan Finkel – also a JSLI grad – let it be known that he was planning to retire after six years as the congregation’s spiritual leader, Saitman put her name forward as a potential successor.
“Judith (Huebner) and Ruth (Livingston) (Temple Shalom’s president and past president respectively) were really supportive as were the board and the congregation,” Saitman says. “I began leading services.”
As for the JSLI program, Saitman notes that it is intensive. “It meets a need,” she observes. “It prepares us well for all the requirements of being a congregational rabbi.
“We at Temple Shalom want people to know that we are here and we welcome interfaith families,” she adds. “Our motto is that we follow tradition and embrace modernity. Our services (on Friday evenings) reflect the essence of Reform Judaism where we allow for individual choices. I’d like to stress that individual choices are informed by an educated interpretation based on knowledge of the laws and customs.”
Unlike Saitman, Rabbi Bryan Schwartz was not considering a career as a congregational rabbi when embarking on the JSLI program. For Schwartz, “rabbi” is the latest title in a lifetime of achievement. As this writer noted in a story in the Post about Schwartz last year, he “is the very model of a modern-day, Jewish, Renaissance scholar.”.A long-time professor at the University of Manitoba Faculty of Law, he is also a passionate Zionist, student of the Holocaust and an in demand commentator on modern legal and constitutional issues. He has written or contributed to 34 books and over 300 publications in all – in a legal and teaching career that stretches back more than 40 years. His works within a Jewish context encompass the gamut of Jewish life from ancient times to the Holocaust to the current Jewish situation. In addition, he is a poet, playwright and songwriter.
“My main purpose in taking the JSLI course,” he observes, “is to be better positioned to help deal with the challenge of Jewish survival. I want to be able to pass on Jewish tradition to the younger generation and impress upon younger Jews – who have grown up in largely secular homes – the value of our 2,500-year-old literature, culture and religious traditions.”
He observes that there is something for everyone in Jewish tradition. “There are many people who are looking for a spiritual community. I believe that Judaism provides us with a sense of our place in the universe.”
Schwartz – a lifelong student himself – notes that he has been building to this moment for a long time. In his early 20s, he notes, he audited a few courses at the Jewish Theological Seminary. In his 50s and 60s, he learned Hebrew at different ulpans.
“I had been looking around for a while for a rabbinic program,” he says. “JSLI seemed to be the best one. It was hard work – but well worth it. I learned a tremendous amount.”
So what is Schwartz – who is a member of the Shaarey Zedek – planning on doing as a rabbi?
“I would like to be able to offer weekly dvar Torahs,” he says.
He would like , among other things, to do creative and educational projects for the community, like his weekly dvar torah in the Times of Israel. The commentary that he gave on the weekend of his Smicha ceremony is called “From Burning Synagogue to Rising Lyon,” and can be found at https://blogs.timesofisrael.com/from-burning-synagogue-to-rising-lion/
“I have also been writing books and musicals inspired by the Tradition, and hope to find forums to share them in the years ahead,” he adds. “My mission is to share in the radiance of our Tradition and help inspire the next generations to see its warmth and illumination”
Local News
Winnipeg Fringe performer Melanie Gall subjected to antisemitic attack – for second year in a row
By BERNIE BELLAN (July 20, 2025)
Melanie Gall is a talented performer who is a veteran of the Winnipeg Fringe Festival – having appeared here many times.
Last year Melanie found herself being subjected to antisemitic attacks that were initiated by a site supervisor for the Winnipeg Fringe Festival, someone by the name of Eric Rae.
As I wrote on my story about Melanie’s experience, “…on the third day (of the Fringe Festival), she said, ‘the site supervisor (Rae) came and was wearing a pro-Palestinian symbol’ and told Melanie that he was wearing that deliberately because he was coming to Melanie’s venue.
“He told her, ‘that stance you’re taking (on social media) is a political symbol.
Rae also posted on social media: “We have a Zionist in our midst harassing pro-Palestinians.”
There was a concerted effort on social media last summer to boycott Melanie’s shows (She had three different shows altogether.)
As Melanie said during a phone conversation we had last summer about what happened to her, “This is so ridiculous. I’m being harassed and bullied because I’m Jewish…it’s not about Israel.”
Eric Rae was relieved from his duties after Melanie complained to the Fringe office staff, Melanie noted during our conversation.
She adds that other Fringe employees also complained about Eric Rae’s behaviour: “I wasn’t the only one who complained last year,” she wrote in an email sent today. “Several staff members complained, as Eric was not adhering to the Fringe policy that did not allow political symbols to be worn by staff. From what I heard, he refused to stop wearing it, and he did publicly target me. The Winnipeg Fringe upheld their safe spaces policy, and they were wonderful in the way they handled it.”
Further, Melanie was the target of an organized campaign on pro-Palestine social media calling for her shows to be boycotted.
(You can read the full story about what happened to Melanie, also to her mother during last year’s Edmonton Fringe Festival, at Melanie Gall.)
Just today we received another email from Melanie informing us that the same individual who targeted her last summer is targeting her again during this year’s Fringe Festival.
Melanie wrote: “Hi! Thanks so much for the mention in the preview article! I just wanted to let you know that Eric Rae is at it again.”
Attached to that email was a picture taken from Rae’s Instagram account.
As of the writing of this post, Melanie said that she is out of town for three days and is not aware whether any of her posters have been defaced – the way they were last summer.
She did add, however, that “I assume by ‘make her feel unwelcome’ (which is what is written on one of the pictures on Rae’s Instagram account) he is planning something. Ugh.”
Melanie also said that “The one post is too close to a threat to ignore.”
In a subsequent email Melanie also sent a screenshot of an exchange that took place on Rae’s Instagram account between him and someone who goes by the handle “Kat Cat.”
If we hear more about what’s been happening to Melanie we’ll update this article.
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