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How effective are Canada’s hate speech laws in combating anti-Semitism?

Lea Ross and David Matas discuss Canada's hate laws at the Asper Campus on December 19

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.

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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.)

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Rabbi Kliel Rose, Etz Chayim’s spiritual leader, taking a new position in Ottawa

By MYRON LOVE It is with mixed feelings that Rabbi Kliel Rose, the spiritual leader of Congregation Etz Chayim for the past eight years, is once again leaving the community in which he grew up. Immediately after Yom Kippur, he, his wife, Dorit Kosmin, and three of their five children are moving to Ottawa, where Rabbi Rose is to become the spiritual leader of Congregation Kehillat Beth Israel (popularly known as KBI).
“My time in Winnipeg has been wonderful,” Rabbi Rose says. “It has been a privilege to have served as Etz Chayim’s rabbi and be part of the Jewish community here. Our Jewish community has a sense of solidarity that is unlike any other Jewish community in North America.”
He wasn’t actually looking to leave, Rabbi Rose explains. “Last spring, I was just having a cursory look at postings for Conservative rabbis and KBI stood out. What attracted me was not simply the opportunity to serve a larger congregation, but the chance to lead a community with such a rich history and such a strong commitment to egalitarian Conservative Judaism, Jewish learning, inclusion and community engagement. KBI is a relatively young congregation that brings together more than a century of Jewish history in Ottawa, and I was very drawn to the opportunity to help shape its next chapter.”
KBI, Rabbi Rose reports, was created in July 2016 through the amalgamation of two long-standing and storied Ottawa congregations: Agudath Israel and Congregation Beth Shalom. The merger brought together the rich traditions of both communities to create a modern, egalitarian Conservative congregation. Today, KBI is the largest Jewish congregation in Ottawa, serving more than 500 families, with a strong emphasis on Jewish learning, inclusion, community engagement and youth and family programming.
“There is a tremendous amount of energy and possibility at KBI,” Rabbi Rose says. “It is a community with deep roots, but also a very strong desire to think about what Jewish life should look like in the future. That is exciting to me as a rabbi.”
As with many rabbis, Kliel Rose’s career path has been a long and winding road. The son of the revered Carol and Rabbi Neal Rose, he first left Winnipeg after graduating from Grant Park High School.
In an interview with the Jewish Post & News in 2018, shortly after he returned here to serve Congregation Etz Chayim, Rabbi Rose credited his parents with being tremendous role models. “They are a dynamic team,” he commented, “but they never pushed any of us (Kliel Rose is the middle child in a family of four brothers and one sister) in any particular direction. They were really nurturing. They were okay with anything we decided as long as we were passionate about it.”
For the longest time as a young man, he noted, he fought against going into “the family business”. But, he said, working in Jewish summer camps, people in leadership positions in the camps saw something in him and convinced him to pursue rabbinic ordination.
Thus, after graduating with a Judaic Studies degree from Gratz College in Philadelphia, Kliel Rose enrolled in the Jewish Theological Seminary.
He noted that the most important piece of advice his father gave him before he enrolled in a rabbinic studies program was the suggestion that he should work for a time in a large congregation to see what it is like – “both the joy and the underbelly,” as he put it.
“I took his advice,” Rabbi Rose said. “For two years, I worked under the umbrella of a special fellowship at Bnai Jeshurun Congregation in Manhattan. The congregation had 4,000 members at that time. It had been a dying congregation which had been revitalized by Rabbi Marshall Meyer, who had previously helped revive Jewish life in Argentina. Rabbi Meyer, with his vision of social justice, was an inspiration for me.”
Rabbi Rose also spent a year at an Orthodox yeshiva in Israel and a couple of years as a youth director at a large Conservative congregation on Long Island.
Before coming to Winnipeg, Rabbi Rose served congregations in Miami Beach (for three years), Nashville (for five years), and Edmonton (for five years).
The past eight years at Etz Chayim have certainly brought their share of challenges, but Rabbi Rose says they have also been deeply meaningful. Just two years after arriving, the COVID pandemic transformed congregational life. Then there was the congregation’s decision to sell its 70-year-old building on Matheson Avenue and move to a smaller facility in south Winnipeg – a process that was completed just over two years ago.
“It has been really challenging these past few years,” he recounts. “It was difficult leaving behind our old building with so much history. But I think Etz Chayim made the right decision, and I am proud of how our community came together to navigate these challenges and build a new future for the congregation.”
Rabbi Rose says he is particularly grateful for the relationships he has built during his eight years at Etz Chayim and throughout Winnipeg’s Jewish community. “There have been so many meaningful relationships and experiences during my time here. I feel very fortunate to have had the opportunity to serve this community and to have been part of Etz Chayim’s story during such an important period of transition.”
“I’m leaving with an enormous amount of gratitude,” he adds. “Etz Chayim has given me the opportunity to grow as a rabbi and as a leader, and I hope that I have been able to contribute something meaningful to the congregation and to the wider Winnipeg Jewish community in return.”
Another factor that made Rabbi Rose’s decision to leave difficult is that his parents moved back here two years ago and his older brother, Carnie, returned about 18 months ago to become Shaarey Zedek’s senior rabbi.
“It has been wonderful having my parents and brother here,” Kliel says. “This has been the first time that my children have had grandparents and an uncle and aunt in the same city.”
The Rose family will also miss the many friendships and connections they have made in Winnipeg.

Dorit Kosmin (& Elula)

Our community will also miss Kliel’s wife, Dorit. “My wife is a talented and caring individual who has worked in different areas of the community,” he notes. “Most recently, she was working in spiritual care at the Simkin Centre. She has made a tremendous contribution to the community and will certainly be missed.”
For Rabbi Rose, the decision to leave Winnipeg is less about leaving something behind than about embracing a new opportunity. After eight years of helping Etz Chayim navigate a period of profound change, he says he feels ready to take on a new leadership challenge while carrying with him the lessons and relationships he has gained here.
The Rose family will be leaving two days after Yom Kippur. Kliel reports that they have sold their house and have just a few things to wind up.

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Temple Shalom, Etz Chayim Yom Tov Services to be Held in Different Locations this Fall

By MYR0N LOVE In 2025, one of the most interesting aspects of Yom Tov in Winnipeg was the official debut of new rabbis Carnie Rose and Myriam Saitman, at the Shaarey Zedek Synagogue and Temple Shalom respectively – also the imminent departure of Rabbi Yossi Benarroch, since 2016 the Adas Yeshrun Herzlia congregation’s spiritual leader.
This year, The Jewish Post’s pre-Yom Tov story has a different focus. Due to water damage caused by heavy rain in June (see story in previous issue of The Jewish Post) Temple Shalom’s congregation has had to move out of their building until renovations are complete and will be holding Yom Tov services at the Berney Theatre. Also, Congregation Etz Chayim will be returning to its building on Wilkes for Yom Tov after holding services in a larger facility last year and having Yom Kippur services at a Holiday Inn the year before.
 
“This year,” says Morissa Granove, Congregation Etz Chayim’s COO, “we are very happy to be bringing the High Holy Days home to 1155 Wilkes Avenue.  We will be hosting two services each day and have had an overwhelming response to our ticket sales.  Our daytime morning services have already sold out, and we expect to have a full house at each of our services this year. We are excited for everything to come.”.
 
It was about two-and-a-half years ago that Etz Chayim members relocated to Wilkes from their 70-year-old building on Matheson in the North End.  Granove reported last year that the move south has “proven to be a great success in many ways.  Operational expenses are greatly reduced in the newer and more efficient space, and our congregation is seeing an increase in attendance at services, programs, and events due to their new, convenient location”.
 
 Etz Chayim’s services’ will be led once again by Rabbi Kliel Rose (see related story about his departure for Ottawa immediately after Yom Kippur) and Cantor Tracy Kasner, while newly anointed Cantor Kevin McIntyre will be reading the Torah.  There will also be a youth and family service with activities for kids of all ages.
For further information about Etz Chayim’s High holiday services, phone 204 589-6305 or email info@etzchayim.ca.
 
Congregation Shaarey Zedek, our community’s oldest and largest synagogue, would like to invite members of the community to join and experience “a season of Unity, Enlightenment, Invigoration, and Renewal with services in the Sanctuary,” says Dr. Rena Secter Elbaze, the congregation’s executive director.
“We anticipate that our services – featuring Senior Rabbi Carnie Shalom Rose, Rabbi Anibal Mass, and Cantor Leslie Emery – accompanied by the Shaarey Zedek Quartet and Ruach Choir with piano accompaniment – will be spiritually uplifting,” Elbaze says.
“Due to high demand, we are also delighted to offer two Family Services for Young Families, one in the morning and one in the afternoon, in the Tova Vickar Family Childcare Centre. These engaging services will be led by Rabbi Anibal Mass, with support from our Youth Band, Shinshinim – Israeli Youth Ambassadors, and dedicated volunteers.”
 
Looking back over the past year, Elbaze reports that Shabbat morning and weekday services have been attracting “a widening circle for prayer, learning, and breaking bread under the leadership of our dedicated clergy team”.
“Our Tova Vickar and Family Childcare Centre is fully operational,” she continues, “and is already recognized provincially for achievement and excellence and connecting childcare families to synagogue life.”
 
She adds that the congregation’s membership base is growing, with 98 families/ households having joined since July of last year – including new members and those who have re-joined – for a total of 228 people of all ages.
 
As well, she notes, the congregation’s sisterhood and the Hebros Men’s Group are thriving, drawing a broad demographic of participants seeking Jewish learning, camaraderie, and connection. As well, Elbaze adds, the Young Adult Group is engaging in synagogue life and gathering regularly for Shabbat dinners and Jewish holiday celebrations.
 
“Our Israeli Youth Ambassador program, the Shinshinim, is infusing youth programming with dynamism, creativity, and a meaningful connection to Israel” she points out.
 
Readers who want to contact the Shaarey Zedek about Yom Tov tickets can call the office at 204 452-3711 or email Rena at rena@szwinnipeg.ca.
 
 As mentioned above, Temple Shalom will be holding High Holy Day services in the Berney Theatre at the Asper Campus. Rabbi Myriam Saitman, who received her ordination last year, noted in last year’s Jeiwsh Post pre-Yom Tov story, “We are looking forward to 10 days of introspection focused on teshuva and we invite our congregation to experience the message, the spirituality, the music, and the poetry of the High Holidays”.
Temple Shalom High Holiday services will, once again, be led by Rabbi Saitman, along with Cantorial Soloist David Vamos – accompanied by the Temple choir led by Janet Pelletier Goetze. 
For further information about Temple Shalom’s Yom Tov services, phone 204-453-1625 or email tshalom1@gmail.com.  
 
South end Winnipeg further offers a fourth liberal Jewish option in the form of Rabbi Matthew Leibl’s “Services on the River: A Modern High Holy Days”. This is the fourth year that Rabbi Leibl will be leading his own services at The Gates on Roblin.
Services will be on the second day of Rosh Hashanah, September 13, starting at 10:00 A.M., while the Kol Nidre service will be on September 20 at 6:00 P.M., with the Yom Kippur service the following morning at 10:00 A.M. Rabbi Leibl will again be joined by the husband-and-wife cantorial team of Justin Odwak and Sarah Sommer, leaders of the SOTR Quartet. New this year will be The Shofar Club Kids Program, led by Halley Ritter for children ages 4-12. 
For tickets, email support@tobatickets.ca, or call (during office hours) 204-934-7564.

South Winnipeg’s orthodox options are the Adas Yeshurun Herzlia and the Lubavitch Centre. High Holy Day services at Adas Yeshurun will be led by Rabbi Yossi Benarroch – with Aden Benarroch serving as Chazzan Sheini. Adas Yeshurun has approximately 100 membership units and can comfortably accommodate 250 worshippers.  Please call the synagogue office – at 204 489-6262. to confirm attendance before September 9.

The Lubavitch Centre has a capacity of between 200 and 300.  There is no charge for davening at Chabad, nor do you have to register in advance.
 
Still with south Winnipeg – The Simkin Centre offers one more High Holy Day option. Services are all held in their multi-purpose room. Family members can join but priority seating is reserved for residents.  Steven Hyman will lead the services along with the Simkin Centre Choir, directed by Bonnie Antel.
If you have any questions, contact Rabbi Matthew Leibl or Heather Blackman, Manager of Resident Experience, either by phone 204 589-9008 or email heather.blackman@simkincentre.ca, so that she knows how many to plan for.

In the North End, High Holiday service options are more limited. The Chevra Mishnayes in Garden City offers an egalitarian service.  Synagogue president Rob Waldman reports that about 100 attended services last year and that he is expecting about the same this year. Services will be led by Al Benarroch. For further information phone the office at 204-338-8503.

Both the venerable House of Ashkenazi, the last of our community’s older-style Orthodox congregations, and the Chavurat Tefila Talmud Torah offer Orthodox services- with each attracting about 30 to 40 daveners for the High Holy Days.  The latter will have Avi Posen back again to lead services while long time Cantor Adi Stoller will be back for another Yom Tov at the Ashkenazi. 

While Camp Massad has also long offered a modified Yom Tov service, the camp at Sandy Hook will bel closed for Yom Tov this year while renovations are underway.

Yom Tov this year begins on Friday, September 11, in the evening.
Wishing all readers a sweet new year.

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