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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.
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Jewish Foundation’s asset base surpasses $200 million for first time
By BERNIE BELLAN The Jewish Foundation of Manitoba continues to show stellar growth – having achieved total assets over $200 million in the 2025 fiscal year (a 7.4% increase from the 2024 fiscal year), also having distributed $8.2 million in grants during the year.
Those were among the highlights reported at the JFM’s Annual General Meeting, held Wednesday evening July 18, in the multipurpose room of the Asper Campus.
JFM CEO John Diamond noted that one of the most successful aspects of the year just past was the launch of what is known as “Fund Match II” which, he explained, is “building on the success of the original FundMatch project introduced in 2012.”
Under the terms of the new Fund Match program 18 initial organizations that created endowments with a combined value of $689,388 at the JFM benefitted from matching funds of $178,000 that were added to those endowments, with an additional four other organizations having joined in the program during the course of the year.
Other highlights (which can all be perused in the JFM’s annual report, available simply by going to the JFM website) include the JFM having “awarded 72 scholarships and academic awards totalling $230,759.”
JFM Board treasurer Bruce Caplan also spoke of some other notable achievements of the JFM in 2025, including a 12.64% return on investments and $4.27 million in new contributions.
The AGM also saw a number of changes to the composition of the board. Most notable among them is the retirement of Dan Blankstein as Board Chair – after having served two two-year terms, to be succeeded by Dafna Shore.
Also, the current longest-serving member of the board, Bonnie Cham, is retiring from the board after having served on it for 13 years, including three terms as Chair.
One other significant retirement announced at the AGM was that of Chief Financial Officer Ian Barnes – who will be retiring in December after 26 years as CFO During his remarks to the audience Barnes noted that “When I arrived at the Foundation, the assets were $29 million.” As noted, that figure has now grown to $200 million.
He also noted that “Since the Foundation was established in 1964, total grants and
distributions are $113.6 million.”
Barnes paid tribute to the three Chief Executive Officers with whom he worked: David Cohen, Marsha Cowan, and John Diamond. With regard to Marsha Cowan, Barnes said that “Marsha taught me about business – and how to dress!” (Barnes will be succeeded as CFO by Lynda Joyal.)
One of the annual customs of the JFM AGM is to thank the JFM staff – and to announce how many years each staff member has served at the JFM. While there are a number of individuals who have been with the JFM for a fairly long time, no one comes close to Patti Boorman, Director of Administration, who has been with the JFM for 37 years.
Among the largest new grants given by the JFM in 2025 were: a grant of $122,000 to the Asper Jewish Community Campus, Gray Academy of Jewish Education and Rady JCC to support the construction of a “new accessible outdoor play structure, ensuring safe, inclusive play for children and families; a grant of $150,000 to the Simkin Centre for the hiring a Volunteer Engagement Specialist – a three-year project to modernize volunteer programs and enhance resident, family, and intergenerational involvement.
Among the leading recipients of distributions from donor-recommend endowment funds – all of which had received grants in the past were:
The Jewish Heritage Centre of Western Canada $149,618
Rady JCC 154,746
Gray Academy 168,535
Canadian Associates of Ben-Gurion University 163,488
Jewish Child & Family Service 447,471
Simkin Centre 858,654
Asper Campus 431,099
Combined Jewish Appeal 907,688
Jewish Federation of Winnipeg 531,076
Note: A number of the above organizations also received community impact grants – which are one-time grants given for special purposes.
Local News
Gavin Katz: “The next great Jewish football player”
By BERNIE BELLAN Back about 15 years ago I had the idea to hire renowned sports writer Scott Taylor to write occasional columns for The Jewish Post & News. Although the great Harvey Rosen – who passed away in 2022, was still our regular sports columnist, I thought that having Scott contribute his own takes on sports might add some additional flavour to the paper.
And it did – for several years – until Covid hit and I had to pare back expenses, including for freelance writers.
Scott has kept in touch from time to time since he last wrote for us though, so it was with great delight that I received an email from him the second week in June that had in the subject line: “Next Great Jewish Athlete.”
Here’s what Scott wrote in that email: “I was talking with Fort Garry Lions head coach John Makie last night.
“Thought you might like to know about the next great Jewish football player … if you don’t know already.”
Attached to the email was a poster that was a montage of different images – all highlighting someone by the name of Gavin Katz. Part of the poster is attached here – and in it you can see all sorts of accolades for young Gavin, including his having been designated “lineman of the year” by Coach Makie last year, as well as his having captained his Pee Wee team (which is limited to players under 14 years of age).
I followed up Scott’s suggestion and contacted John Makie to try and get some comments from him about Gavin Katz, as well as contact information for Gavin’s parents.
Here’s what Coach Makie wrote to me about Gavin who, last year, was in his second (and final) year playing for the pee-wee level Fort Garry Lions:
“I’ve known Gavin Katz for a season of football. In this season, I’ve come to learn his grit, toughness and his sheer willingness to get to the ball. A lot of our players on the team would run to the ball, but Gavin sprinted. If he was challenged, he rose to the occasion. We made him our Most Outstanding Lineman not only because of his talents on the field but his leadership. He was committed to the process, he began to lead others to this through guidance and exemplary attendance.
“I am quite proud of Gavin and what he did for us this year.”
“Unfortunately, we came up just short last season, but Gavin taught us how to become a champion and the Lions will be hungry for success next season.”
“I really hope he continues to play football!”
That was high praise for Gavin Katz, indeed. During my conversation with Makie he told me that Gavin’s father was Regan Katz and that Regan was the vice-president and Chief Operating Officer of the Winnipeg Goldeyes baseball team.
I contacted Regan and asked him whether I could get in touch with Gavin. Regan gave me Gavin’s phone number, but when I tried calling him all that I got was his voice messaging. I did leave a voice message, but didn’t hear back from Gavin right away – which should come as no surprise for anyone who’s tried contacting a teenager by phone: They simply don’t use their phones for phone calling – only for texting.
So, on a Saturday morning – when I figured Gavin would probably be at home, I emailed Regan again, asking him whether he could have Gavin call me. It was 10:40 in the morning. Regan responded that Gavin was still asleep.
I wrote back: “What? I thought he’d be up jogging or doing some heavy exercise at 7 AM. What kind of pro football player is he anyway?” (Um, if you’re reading this and not familiar with my writing style, I do veer into sarcasm quite readily.)
In any event, around 11 am Gavin did call me back and we had a most pleasant conversation. After talking to him I could well understand why Coach Makie was so effusive in his praise for him.
I began by asking Gavin where he goes to school?
He said he’s currently in the French immersion program at Ecole River Heights and before that he was also in the French immersion program at Sir William Osler School. Next September Gavin will be going to Kelvin, he said.
We then began to discuss his football career. I asked Gavin when he first started to play organized football?
He said that he started playing flag football five years ago – and that he still plays flag football (which has only five players on a side, as opposed to the 12 players on a side in tackle football). Gavin added that, in addition to playing flag football – which he really loves, he noted, he also coaches and referees flag football.
Gavin’s interest in playing tackle football though, was piqued by his attending a Winnipeg Blue Bombers camp for putative young players four years ago.
“That’s when I first put on pads,” he explains.
Gavin added that he’s been going to Blue Bomber games ever since he was quite young and that, at various times he’s had the privilege of meeting such Blue Bomber greats as Adam Bighill, Nick Demski, Brady Oliveira, and Zach Collaros.
Two years ago Gavin joined the Fort Garry Lions Pee Wee level team (when he was 12).
“My first year I was on the offensive line,” he notes. “My second year (last year) I started as a linebacker, but then I was moved to the defensive line.”
Here’s a link to a clip of Gavin showing his prowess as a defensive lineman in a game last fall: Gavin in action (He’s number 50 in the video.)
Now, while Gavin was not overly tall for his age last year… he was 5’4″ and weighed 135 pounds, he was certainly big enough to play on the defensive line at the Pee Wee level.
But – talk about a growth spurt! Gavin says he grew four inches since the Lions season ended in October; he’s now 5’8″, but even more impressive – he says he’s put on another 35 pounds – and in Gavin’s case, it’s all muscle.
I asked him where he works out and he answered that the family has a home gym, which he uses assiduously, in the evenings.
Gavin says he’s ready to move up to the next level of football, which would be at the Bantam level or Junior Varsity, and that he will try out for the Kelvin Clippers when he enters Kelvin this fall. He says though that he would probably “end up on the practice roster” for the Clippers varsity team where he will be fighting for a playing role, because if he does make the team he’d be among the youngest players on the team (usually Grades 11 & 12 only).
Our conversation then turned to my asking Gavin about his family. I already knew his father’s name, I told him (and that his father was former mayor Sam Katz’s nephew), so I asked him what his mother’s name was? He said it was Mandy or Amanda and that her maiden name was Falk. Gavin also has a younger sister, Brynlee, who is eight, he said.
Gavin notes that he was bar mitzvahed last year. He’s also maintained very high marks in school, he says, getting a 91 in math and an 87 in science.
So, since Scott Taylor had billed Gavin as the “next great Jewish athlete” in his email to me about Gavin, I asked Gavin how far he wants to pursue football?
His answer was that “I’ll go as far as I can.”
Considering that he grew four inches and gained 35 pounds in less than a year, Gavin could very well be big enough soon to play on the defensive line for a team of under 16 year olds but, he says, “I like playing linebacker,” which requires a great deal more mobility than playing on the defensive line.
Still, linebackers have to combine a great many skills, including mobility, strength – and most of all, toughness, as they not only have to stop running backs, they often have to take on offensive linemen as well.
I asked Gavin what he likes most about playing linebacker? His answer: “I like hitting.” (Now, don’t take that the wrong way. It’s simply the enjoyment that many football players derive from the contact that comes with playing tackle football. And these days many young women have begun taking up tackle football for the same reason.)
But, what about injuries? I wondered. Has Gavin suffered any? I asked him.
“I’ve had a few injuries,” he answered. “I dislocated the growth plate in my elbow,” he noted and, “when I was ten I injured my achilles tendon,” he added. However, in neither case did Gavin require surgery – lucky for him.
How far into the future did Gavin see his football career headed? I asked him. He was ready with the answer: “I’d like to play for the Arizona Sun Devils” (the name of the Arizona State football team).
I told Gavin that, in past years (when I was more active as a writer) I’d profiled many young Jewish athletes for The Jewish Post & News. One of the athletes with the most potential was a young hockey player who could skate like the wind, I told Gavin, but unfortunately, he stopped growing and, as his coach at the time told me, he could teach skills, but he couldn’t teach “height.”
In Gavin Katz’s case though, since he’s only 14 and is already growing rapidly, it seem certain that his height and weight are not going to hold him back from continuing to excel at football when he moves up the ladder of stiffening competition as he grows older.
It will be interesting to check in with Gavin on a regular basis in the coming years to see how he’s progressing. Winnipeg’s Jewish community hasn’t produced too many star football players over the years, although I did mention to Gavin that I had done a story about a young man who had played for the Grant Park Pirates several years ago – and that my writing now about Gavin was going to lead me to try to look in our archives for that story to remind me who it was that I had written about – and perhaps whether I could find out anything about where he had gone with his football career.
It turned out that the young man’s name was Nahaniel Lisak and that he had been nominated for the Jewish Athlete of the Year award back in 2022 when he was 17 years old, but was already 6’2″ and weighed an impressive 295 pounds. Here’s what the Rady JCC had written about Lisak prior to that year’s sports dinner: “He was named to the CFC (Canada Football Chat) All-Canadian First Team and was the recipient of the Winnipeg High School Football League (WHSFL) Kas Vidruk Lineman of the Year. At the school level he was named the Grant Park Football Most Valuable Player and was awarded the school’s Football Captain Award. He was runner up for the 2021 WHSFL Defensive MVP & 2021 Harry Hood Citizenship Award. In grade 10 he became a known player in Manitoba and was named a Nationally ranked top 100 player in Canada, being a top 5 Manitoban and top three defensive tackle in the 2022 graduating class.”
I Googled Nathaniel Lisak to see if I could find out anything about him now and saw that he’s realized his dream of attending McMaster University (where he’s in his fourth year of Commerce) and is also a star player for the McMaster Marauders.
So Gavin, if you’re reading this – there’s a stellar example of someone whose career you could emulate. But the Arizona Sun Devils? Couldn’t you settle for the University of Manitoba Bisons? Why do our best and brightest almost always want to leave Winnipeg?
