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
Quick action by archivist Ava Garfinkel saves Jewish Heritage Centre of Western Canada archives from disaster
By MYRON LOVE The downpour that struck our city on Tuesday, June 9, left a trail of basement flooding and other damage in its wake. As reported elsewhere in this issue of the Post, Temple Shalom, our community’s Reform Congregation, has been forced to relocate its services to other venues because of water damage that has made its building unusable for the foreseeable future.
Another of our institutions that was affected by the storm is the Asper Jewish Community Campus – and specifically the lower level, where the Jewish Heritage Centre of Western Canada stores a good portion of its archives. It was the quick action of archivist Ava Garfinkel and her brother, Max, as well as a number of volunteers in the following days – and the miracle of modern technology – that saved those archives from destruction.
“This was a potentially devastating and irreversible crisis,” notes Belle Jarniewski, the JHCWC’s executive director. “Thanks to the quick and diligent work of our staff and a team of kind volunteers, we were able to implement an emergency disaster plan, separate the affected material and move the damp archives to a frozen storage facility within 48 hours. These crucial actions successfully saved the archive, avoiding any mold growth that would have spread throughout the entire collection at a rapid pace, eventually destroying even the parts of our collection that were left untouched by the flood.”
Jarniewski reports that Garfinkel reached out to conservators across Canada for help. The frozen materials have now been transferred to an out-of-province facility where they will be vacuum freeze-dried in a restoration process overseen by a conservator.
“Our dry and unaffected archives and artifacts were also quickly removed from the basement and brought upstairs to be stored in several places around the Campus,” Jarniewski says. “The directors of the Gray Academy and the Asper Community Campus were kind enough to offer us the space we required to temporarily store our collections.
“The JHC Archive,” she points out, “preserves the precious history and physical memory of our community, also that of the communities across Western Canada and Northwestern Ontario whose histories have been entrusted to us. It dates back to the late 1800s. Information about the delicate, old, and irreplaceable items is frequently accessed by students, researchers, educators, genealogists, and community members. Simply put, the archive constitutes the very heart and memory of our community.”
Jarniewski recounts that when the Campus first opened almost 30 year ago, several rooms on the first floor were specifically designed with climate control suitable for an archive or museum. But, as different community needs arose, the archives were moved out of the specialized spaces and into the basement.
“With space at a premium in the building, we have had to do our best with the cards we were dealt,” she says.
For security and other reasons, Jarniewski points out, moving the JHCWC archive out of the Asper Campus has never been a viable option. “Our museum, our offices, and the other half of our archive are all firmly situated in this building on the main floor,” she notes. “We work within our basement archive daily and we rely on the safety that the security within the Asper Campus affords us.”
To prevent this kind of near disaster again, she added, the lower level storage area has to be renovated for safety while maintaining the standards of practices for long-term preservation. “We have already put a plan into motion for more effective humidity control and the sealing of the room,” Jarniewski reports.
“All of our textual records must be placed in specialized archival enclosures, our artifacts must be re-boxed/wrapped according to their individual preservation needs, and we must purchase adequate shelving that will keep our collections away from the ground and the walls while allowing for effective air circulation. These protective measures will be costly, requiring specialized materials, but they are necessary.”
The overall estimated budget for this project, Jarniewski says, is approximately $100,000. So far, she reports, the JHCWC has received a quarter of that amount through donations..
She expresses the hope that Post readers will consider donating to this essential project so that the JHCWC can continue protecting the priceless history of Western Canadian Jewry for generations to come. A tax receipt will be provided to all donors.
“With the funding in place, we should be able to have everything in place in less than six months,” Jarniewski says.
Readers who may want to consider donating to the JHCWC in support of this vital project can either phone 204 478-8590 or go online to jewishheritage@jhcwc.org. Donations can also be made online though Canada Helps: https://www.canadahelps.org/en/charities/jewish-heritage-centre-of-western-canada-inc/
Local News
A response to Isha Khan’s op-ed in the August 1st, 2026 issue of the Winnipeg Free Press
By SIMONE COHEN SCOTT Ed. note: Isha Khan is the CEO of the Canadian Museum for Human Rights. In the August 1st issue of the Winnipeg Free Press Ms. Khan wrote an op-ed defending the museum’s decision to mount the exhibit titled “Palestine Uprooted: Nakba Past and Present.” The Free Press has published many letters about the exhibit, but some readers of that paper are frustrated that their letters were not published. We were asked by Simone Cohen Scott whether we would print a letter that she had sent to the Free Press, but which was not published.
Since there is always room on this website to publish as many articles as we’d like, we agreed to publish Simone’s letter, which follows here:
Isha Khan states in her op-ed piece that the choices of what to exhibit, what to examine, what to feature, were made according to certain parameters, which she called a “framework.” What, specifically, comprised this so-called framework? It is obviously exclusive of elements relative to the history of the period displayed. She said the purpose of the exhibit was….”to promote reflection and dialogue.” Reflection and dialogue about what? Did the Arabs who left the area know that the United Nations had offered them a state too? If they had known, would they have wanted to accept? If, given the choice, would they have stayed and lived beside the Jews? Or, did they indeed, want five Arab nations to attack the Jews? Such questions as these would have promoted “reflection and dialogue.”
What is the understanding implicit in the exhibit? Khan quotes from a banner that hangs in the museum: Article 1 of the Universal Declaration of Human Rights, “We are all born free and equal in dignity and rights.” Should the Jews have rights? If so, what should they be? May they have a state? When a people is attacked by 5 nations, as Israel was in 1948, wherein lie the human rights?
Why did Khan’s advisors choose to use the word Nakba in the exhibit title? The original use of the Arab word ‘nakba’, meaning disaster, was intended to depict, that in spite of being assured by the Arab/Islamic leaders that it would be a quick war and that they would win, that did not happen. The word disaster was meant to mean the shock and the disappointment. The real disaster, or tragedy, ‘Nakba’ if you will, is that the Arab/Islamic countries in the world, (and there are plenty of them), have refused to welcome refugees of a war their own leaders chose to start. They have allowed these displaced persons to stagnate in UNRWA, an industry in itself. Where are the stories of the people in UNRWA housing? Another group it would have been enlightening to hear from is today’s Israeli Arab population – the doctors, dentists, nurses, lawyers, judges, entrepreneurs, business moguls and more, the descendants of those who stayed in the country in 1948, who had and whose offspring have had the same opportunities as every Israeli citizen. There is much easily accessible research that has been neglected in the preparation of this exhibit. This blatant lack of effort is shameful.
Kahn explained, when asked, that the context of the conflict of the time is too complex to have been included. Is she saying that people who go to museums can’t handle broad, multi-faceted ideas… that she deliberately designed a walk-though soundbite, not a process for mind-expanding grasp of history?
Simone Cohen Scott,
(sent to the Free Press August 13th, 2026)
Post script from Bernie Bellan: This website has never refused to carry any post that may be critical of the CMHR, despite what some readers of this website might think. We do allow comments to articles, but anyone commenting through our “Comment” portal has to register by giving their name and email address so that we can confirm they are a real person. In addition, we welcome longer contributions from readers. Many of the posts you will find on this website come from regular contributors, such as Henry Srebrnik. If you have something you’d like us to consider publishing – and the only criteria are that it be reasonably well written and void of slanderous remarks, email to us at jewishp@mymts.net.
Local News
Young Winnipegger Dr. Yale Michaels receives $550,000 Canadian Cancer Society research grant
By MYRON LOVE It has been shown on many occasions that a teacher can have an outsized role in shaping a young person’s life. Dr. Yale Michaels’ life story is one example.
During a recent interview with the young cancer researcher – the son of John Michaels and Karen Stern – Yale recounted how a Grade 7 teacher at Grant Park High School was largely responsible for his decision to pursue a medical career in medicine.
The young Michaels attended Brock Corydon Elementary School and was a long time Massad camper. In junior high school at Grant Park, however, he recounts, “I was having a tough time staying on task. Thankfully, my Grade 7 science teacher suggested that I might find it interesting volunteering to help in a cancer research lab. He had a contact and got me in. I loved it. It was a good fit for me. I never looked back.”
Michaels (whose zaida, Leon Michaels, was a leading cardiologist here) spent much of his free time during his high school years volunteering in the lab. After graduation, he enrolled in Harvard –with help from the university’s financial aid program – where he earned his Bachelor’s degree. He followed that up with a Ph.D. from Oxford in 2019, followed by three years as a post-doctoral Fellow – before returning to Winnipeg in 2023 to work at Cancer Care Manitoba, as well as teach at the University of Manitoba.
“I enjoyed my time both at Harvard and Oxford,” he says. “What made England even more enjoyable is that Yale has family there. His grandparents – Leon and Joan Michaels – were born and raised in London and Yale’s time there overlapped for a few months with his brother Jamie (about whom there was a story in a July issue of the Post), who earned his Master’s Degree in Creative Writing at the University of London.
This past June, the young researcher learned that he was to be the recipient of a $550,000 Canadian Cancer Society Emerging Scholar Research Grant, covering five years of research.
Michaels’ field of research focuses on new ways of combating blood cancers – specifically in the new area of immunotherapy. He is being aided in his research by lab tech Dana Segal and graduate student Serena Dembowksi.
Michaels adds that he is collaborating with a number of other researchers from Winnipeg – and throughout Canada, including Drs. Harinad Maganti, David Szwajcer, Jody Haigh, Versha Banerji, and David Knapp.
Using the patient’s own immune cells – specifically CAR T cells -to treat blood cancers was first approved in 2017, Michaelsreports. “The treatment has shown itself to be really successful. Many patients go into remission and some may have the potential to be cured.”
One of the drawbacks, he explains, is that the treatment is prohibitively expensive. Each dose costs about $500,000 U.S.
“What we are trying to do in my lab and elsewhere is find a way to greatly reduce the cost,” he explains. “It becomes a matter of scale. Other drugs used in treating cancer can be produced in amounts of 1,000 doses per production run. But right now CAR T therapy is made on a one-off basis with an individual manufacturing run for each patient. We are attempting to instead make CAR T cells from stem cells – which can be grown in large quantities. We are trying to use genetic engineering to manipulate them so that they can be administered safely to patients.
“We (Michaels and fellow researchers) are making good progress in this area,” he adds.
He cautions that the research is still in the formative stages and that clinical trials are still several years away. “Our research so far though has shown that our treatment would seem to be effective at killing cancer cells,” he reports. “This grant from the Canadian Cancer Society will help us to further that research.”
Outside of work, Michaels notes, much of his time is spent with his family – Dr. Allison Marmel and their two-year-old daughter, Rose.
(Ed. note: We should note that Yale Michaels was also the punter for the Harvard University football team – by far his greatest achievement.)
