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How effective are Canada’s hate speech laws in combating anti-Semitism?
By BERNIE BELLAN Are Canada’s hate speech laws at all effective in combating what has been an outpouring of anti-Semitism since the Hamas massacre of October 7?
That was the question discussed by two individuals with legal backgrounds – Lea Ross and David Matas, in front of an audience in the Multipurpose room of the Asper Campus on Tuesday, December 19.
The event was sponsored by The Jewish Federation of Winnipeg, Winnipeg Friends of Israel, and Bridges for Peace. There were about 75 people in attendance.
Lea Ross is a former lawyer who now works teaching musical conducting within the Winnipeg school system. She is also a former student of David Matas – having studied human rights law with Matas at the University of Manitoba law school. Ross also had a number of years experience at the Manitoba Legislature helping to draft laws.
The format for the evening, following introductory remarks, had Ross posing a series of questions to Matas about human rights laws and, following Matas’s answers, entering into further discussion with him about what he had said. Their exchanges moved along quite quickly and, after about an hour, members of the audience were also invited to ask questions.
Ross had also prepared a hand-out for audience members which listed “relevant federal and provincial laws related to hate speech and expression.
In her introductory remarks Ross noted that, since 2009, there have been approximately 2,000 hate crimes a year recorded in Canada. Ross observed that various professors at law school had stated that hate crime laws in Canada “are ineffective and largely symbolic.”
“It’s as if Canada passed a law and then walked away,” Ross oberved.
Having made her thoughts on hate laws here quite clear to the audience, Ross asked Matas the first of her series of questions: “What more can be done?”
Matas responded that we can “increase the sentences for hate crimes, but we can’t look at hate crimes alone.” Matas added that one of the defenses often offered by individuals charged with hate crimes is that what they had said was “the truth.” He explained that Section 319 (3) of the Criminal Code says, among other things, that “No person shall be convicted of an an offence… if he establishes that the statements communicated were true,” but Matas suggested that “truth is a problematic defense.” (One might think, for instance, of the contention that saying Israelis are guilty of “genocide” could be considered hate speech, but the most commonly heard rebuttal to that argument is that genocide can have various interpretations and therefore, it might be true.)
Further, Matas alluded to the difficulty even in initiating a hate crime charge under the Criminal Code of Canada (which added hate crimes to the list of criminal offences in 1985). According to Section 319 (6), “no proceeding for (a hate crime) offence shall be instituted without the consent of the Attorney General of the province in which the hate crime is alleged to have occurred.” (That difficulty was also cited by Prof. Bryan Schwartz in a talk he gave about antisemitism on university campuses in the Berney Theate on Thursday, November 30. My report on that talk can still be read on our website.)
Notwithstanding the difficulty in getting a hate crime charge laid, Matas did suggest that, if one were sufficiently motivated to do so, one could launch a private prosecution against an individual for a hate crime.
Matas also added that, “We’re not so much interested in how to make the (hate crime) laws better, it’s how to make the laws work” in the first place. For instance, he suggested, “you could use other offences in the criminal code that don’t require the consent of the attorney general.”
He brought up a recent instance in which a man in BC was charged with “indecent communication” for making threats against an Ottawa Jewish doctor in a phone call made to that doctor.
Ross brought up a section of the criminal code hate laws that refer specifically to “promoting anti-Semitism.” Section 319 (2.1) says: “Everyone who, by communicating statements, other than in private conversation, willfully promotes anti-Semitism by condoning, denying, or downplaying the Holocaust” is guilty of an offense. Ross wondered whether that section ought to be “broadened to target conspiracy theories” beyond the Holocaust?
She then brought up the hornet’s nest known as the internet, asking Matas what he thought could be done to better control the explosion of anti-Semitism on the internet?
Matas responded that “the first recourse shouldn’t be to the police, it should be to the internet providers…If hate speech violates the terms of service (of a particular provider), then they can cut them off.” (Matas also said he actually has read many of those interminable “terms of service” documents that are included in so many websites and apps. That in itself should get him some kind of special award.)
Now, lest one think that the Canadian Charter of Rights and Freedoms, which guarantees, among other guarantees, “freedom of expression,” Matas noted that “the Canadian Charter doesn’t apply to private companies.”
“France and Germany hold internet companies liable for what’s posted,” Matas pointed out.
Further to the issue of what constitutes antisemitic expression, Ross referred to the expression, “From the river to the sea, Palestine will be free,” noting that both Austria and the Netherlands have moved to have that expression banned. She wondered whether “Jews should move to have it banned in Canada” as well?
Again, Matas responded that the Charter’s right to free expression wouldn’t pertain to someone mouthing that expression on a university campus, as “the Charter doesn’t apply to universities.”
Thus, “if the (Federal) government were to ban it, it would be subject to the Charter, but if universities and private companies were to ban it,” the Charter wouldn’t apply, so it is conceivable that a university could act to prevent a student or students from voicing that expression. (At the end of this article I refer specifically of the case in which a University of Manitoba Nursing student was suspended for sharing anti-Semitic posts on Instagram.)
Yet, Matas wondered, “Do we start legislating expressions?”
Ross asked: “What can we do to better protect our youth from hate speech?”
Matas drew upon his own experience as a youth, when he saw a film about “stereotypes,” saying that film had a lasting impact upon him – and suggested that showing a film of that sort to students would be of great benefit.
Ross brought up the question of competing rights: The right to freedom of expression and the importance of protecting vulnerable groups. She wondered how we can maintain a balance? (Interestingly, in this same issue, we have two different articles, by Michael Posner and by Henry Srebrnik, both of whom explore the issue of how far the pendulum has swung in protecting so called “vulnerable groups,” which apparently doesn’t include Jews.)
Matas said: “Academic freedom has gone wild, but very often you’re dealing with conflicting rights. The balance lies in determining where the greater harm lies,” but right now, “the balance is totally tilted” in favour of those so called vulnerable groups.
Ross asked whether “we should ever go to human rights commissions” when it comes to trying to protect against hate speech?
Matas responded that “human rights commissions (which are products of provincial legislation) don’t deal with incitement to hatred.”
Speaking of provincial legislation, Matas further explained that “the Defamation Act (also a Manitoba statute) which refers to a “libel against a race, religious creed or sexual orientation” doesn’t allow for damages, which is why it’s almost never used.”
Yet, Matas added, “it’s not as if we have nothing now. What we have to do is make better use of existing laws.”
One could sue for libel under the Defamation Act if one believes they were libeled as an individual; however, there is no such thing as “group libel,” Matas observed.
When it came time for questions, I asked the same question of David Matas that I had asked of Bryan Schwartz when he spoke about anti-Semitism on university campuses. I noted that the Faculty of Nursing at the University of Manitoba had suspended the Nursing Association’s president for what were described as antisemitic posts on Instagram. (Apparently her suspension is still under appeal. At least that’s the only news I could find when I tried to search for an update on that story.)
Regardless whether the suspension is reversed or not, that student was suspended for what were described as “anti-Semitic posts.” I said to Bryan Schwartz and I said to David Matas: The Faculty of Nursing exhibited some intestinal fortitude. (And yes, I’m well aware that one might say, this was different. How would a Jewish patient feel knowing the nurse dealing with them might be an antisemite? Come on: There are all sorts of professions and positions about which we could say the same thing.) The fact is, as I said to David Matas: The surprise isn’t that more universities haven’t taken action in response to hate speech, the surprise is that one actually did.
Local News
Winnipeg Jewish Theatre breaks new ground with co-production with Rainbow Stage
By MYRON LOVE Winnipeg Jewish Theatre is breaking new ground with its first ever co-production with Rainbow Stage. The new partnership’s presentation of “Fiddler on the Roof” is scheduled to hit the stage at our city’s famed summer musical theatre venue in September 2026.
“We have collaborated with other theatre companies in joint productions before,” notes Dan Petrenko, the WJT’s artistic and managing director – citing previous partnerships with the Segal Centre for the Performing Arts in Montreal, the Harold Green Jewish Theatre in Toronto, Persephone Theatre in Saskatoon and Winnipeg’s own Dry Cold Productions. “Because of the times we’re living through, and particularly the growing antisemitism in our communities and across the country, I felt there is a need to tell a story that celebrates Jewish culture on the largest stage in the city – to reach as many people as possible.”
Last year, WJT approached Rainbow Stage with a proposal for the co-presentation of “Fiddler on the Roof.” Rainbow Stage management was really enthusiastic in their response, Petrenko reports.
“We are excited to be working with Winnipeg’s largest musical theatre company,” he notes. “Rainbow Stage has an audience of more than 10,000 people every season. Fiddler is a great, family-oriented story and, through our joint effort with Rainbow Stage, WJT will be able to reach out to new and younger audiences.”
“We are also working to welcome more diverse audiences from other communities, as well as newcomers – families who have moved here from Israel, Argentina and countries of the former Soviet Union.”
Helping Petrenko to achieve those goals are two relatively new and younger additions to WJT’s management team. Both Company Manager Etel Shevelev, and Head of Marketing Julia Kroft are in their 20s – as is Petrenko himself.
Kroft, who is also Gray Academy’s Associate Director of Advancement and Alumni Relations, needs little or no introduction to many readers. In addition to her work for Gray Academy and WJT, the daughter of David and Ellen Kroft has been building a second career as a singer and actor. Over the past few years, she has performed by herself or as part of a musical ensemble at Jewish community events, as well as in various professional theatre productions in the city.
Etel Shevelev is also engaged in a dual career. In addition to working full time at WJT, she is also a Fine Arts student (majoring in graphic design) at the University of Manitoba. Outside of school, she is an interdisciplinary visual artist (exhibiting her work and running workshops), so you can say the art world is no stranger to her.
(She will be partcipating in Limmud next month as a member of the Rimon Art Collective.)
Shevelev grew up in Kfar Saba (northeast of Tel Aviv). She reports that in Israel she was involved in theatre from a young age. “In 2019, I graduated from a youth theatre school, which I attended for 11 years.” In a sense, her work for WJT brings her full circle.
She arrived in Winnipeg just six years ago with her parents. “I was 19 at the time,” she says.
After just a year in Winnipeg, her family decided to relocate to Ottawa, while she chose to stay here. “I was already enrolled in university, had a long-term partner, and a job,” she explains. “I felt that I was putting down roots in Winnipeg.”
Etel expects to graduate by the end of the academic year, allowing her to focus on the arts professionally full-time.
In her role as company manager, Shevelev notes, she is responsible for communications with donors, contractors, and unions, as well as applying for various grants and funding opportunities.
In addition, her linguistic skills were put to use last spring for WJT’s production of “The Band’s Visit,” a story about an Egyptian band that was invited to perform at a cultural centre opening ceremony in the lively centre of Israel, but ended up in the wrong place – a tiny, communal town in southern Israel. Shevelev was called on to help some of the performers with the pronunciation of Hebrew words and with developing a Hebrew accent.
“I love working for WJT,” she enthuses. “Every day is different.”
Shevelev and Petrenko are also enthusiastic about WJT’s next production – coming up in April: “Ride: The Musical” debuted in London’s West End three years ago, and then went on to play at San Diego’s Old Globe theatre to rave reviews. The WJT production will be the Canadian premiere!
The play, Petrenko says, is based on the true story of Annie Londonderry, a young woman – originally from Latvia, who, in 1894, beat all odds and became the first woman to circle the world on a bicycle.
Petrenko is also happy to announce that the director and choreographer for the production will be Lisa Stevens – an Emmy Award nominee and Olivier Award winner. (The Olivier is presented annually by the Society of London Theatre to recognize excellence in professional London theatre).
“Lisa is in great demand across Canada, and the world really,” the WJT artistic director says. “I am so thrilled that we will be welcoming one of the greatest Jewish directors and choreographers of our time to Winnipeg this Spring.”
For more information about upcoming WJT shows, readers can visit wjt.ca, email the WJT office at info@wjt.ca or phone the box office at 204-477-7515.
Local News
Rising Canadian comedy star Rob Bebenek to headline JCFS’ second annual “Comedy for a Cause”
By MYRON LOVE Last year, faced with a federal government budget cut to its Older Adult Services programs, Jewish Child and Family Service launched a new fundraising initiative. “Comedy with a Cause” was held at Rumor’s Comedy club and featured veteran Canadian stand-up comic Dave Hemstad.
That evening was so successful that – by popular demand – JCFS is doing an encore. “We were blown away by the support from the community,” says Al Benarroch, JCFS’s president and CEO.
“This is really a great way to support JCFS by being together and having fun,” he says.
“Last year, JCFS was able to sell-out the 170 tickets it was allotted by Rumor’s,” adds Alexis Wenzowski, JCFS’s COO. “There were also general public attendees at the event last year. Participants enjoyed a fun evening, complete with a 50/50 draw and raffle. We were incredibly grateful for those who turned out, the donors for the raffle baskets, and of course, Rumor’s Comedy Club.
“Feedback was very positive about it being an initiative that encouraged people to have fun for a good cause: our Older Adult Services Team.”
This year’s “Comedy for a Cause” evening is scheduled for Wednesday, February 25. Wenzowski reports that this year’s featured performer, Rob Bebenek, first made a splash on the Canadian comedy scene at the 2018 Winnipeg Comedy festival. He has toured extensively throughout North America, appearing in theatres, clubs and festivals. He has also made several appearances on MTV as well as opening shows for more established comics, such as Gerry Dee and the late Bob Saget.
For the 2026 show, Wenzowski notes, Rumors’ is allotting JCFS 200 tickets. As with last year, there will also be some raffle baskets and a 50/50 draw.
“Our presenting sponsors for the evening,” she reports, “are the Vickar Automotive Group and Kay Four Properties Incorporated.”
The funds raised from this year’s comedy evening are being designated for the JCFS Settlement and Integration Services Department. “JCFS chose to do this because of our reduction in funding last year by the federal government to this department,” Wenzowski points out.
“Last year alone,” she reports, “our Settlement and Integration Services team settled 118 newcomer families – from places like Israel, Mexico, Brazil, and Argentina. Each year, our program supports even more newcomer families with things like case management, supportive counselling, employment coaching, workshops, programming for newcomer seniors, and more.”
“We hope to raise more than $15,000 through this event for our Settlement and Integration Program,” Al Benarroch adds. “The team does fantastic work, and we know that our newcomer Jewish families need the supports from JCFS. I want to thank our sponsors, Rumor’s Comedy Club, and attendees for supporting us.”
Tickets for the show cost $40 and are available to purchase by calling JCFS (204-477-7430) or by visiting here: https://www.zeffy.com/en-CA/ticketing/jcfs-comedy-for-a-cause. Sponsorships are still available.
Local News
Ninth Shabbat Unplugged highlight of busy year for Winnipeg Hillel
By MYRON LOVE Lindsay Kerr, Winnipeg’s Hillel director, is happy to report that this year’s ninth Shabbat UnPlugged, held on the weekend of January 9-11, attracted approximately 90 students from 11 different universities, including 20 students who were from out of town.
Shabbat UnPlugged was started in 2016 by (now-retired) Dr. Sheppy Coodin, who was a science teacher at Gray Academy, along with fellow Gray Academy teacher Avi Posen (who made aliyah in 2019) – building on the Shabbatons that Gray Academy had been organizing for the school’s high school students for many years.
The inaugural Shabbat UnPlugged was so successful that Coodin and Posen did it again in 2017 and took things one step further by combining their Shabbat UnPlugged with Hillel’s annual Shabbat Shabang Shabbaton that brings together Jewish university students from Winnipeg and other Jewish university students from Western Canada.
As in the past, this year’s Shabbat UnPlugged weekend was held at Lakeview’s Hecla Resort. “What we like about Hecla,” Kerr notes, “is that they let us bring in our own kosher food, it is out of the city and close to nature for those who want to enjoy the outdoors.”
The weekend retreat traditionally begins with a candle lighting, kiddush and a traditional Shabbat supper. Unlike previous Shabbats UnPlugged, Kerr points out, there were no outside featured speakers this year. All religious services and activities were led by students or national program partners.
The weekend was funded in part by grants from CJPAC and StandWithUs Canada, along with the primary gift from The Asper Foundation.
Kerr reports that the activities began with 18 of our local Jewish university students participating in a new student Shabbaton – inspired by Shabbat Unplugged, titled “Roots & Rising.”
In addition to Shabbat Unplugged, Hillel further partnered with Chabad for a Sukkot program in the fall, as well as with Shaarey Zedek Congregation and StandWithUs Canada for a Chanukah program. Hillell also featured a commemoration of October 7, an evening of laser tag and, in January, a Hillel-led afternoon of ice skating.
Coming up this month will be a visit to an Escape Room – and a traditional Shabbat dinner in March.
Kerr estimates that there are about 300 Jewish students at the University of Manitoba and 100 at the University of Winnipeg.
“Our goal is to attract more Jewish students to take part in our programs and connect with our community,” she comments.