Connect with us

Local News

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.

Local News

Winnipegger Randy Wolfe reunites with founders of Israel program 44 years after having been in Tzfat, Israel

Randy Wolfe (left) with Aharon (last name not given) in Tzfat

We received an interesting message from someone by the name of Michal Laufer, who wrote that he was “Communications Director for Livnot U’Lehibanot — an Israel-based nonprofit that has been connecting young Jewish adults from around the world to Israel and their Jewish identity for over 45 years.”

Michael went on to share a story about one of the earliest participants in a Livnot U’Lehibanot program – some 44 years ago, when Winnipegger Randy Wolfe was in Tzfat.

Here’s what Michael wrote, along with a video that he attached in his message:

“I’d love to share a heartwarming story that beautifully reflects the bond between the Jewish Diaspora and Israel.

“Reuven (Randy) Wolfe, from Winnipeg, Canada, recently returned to Tzfat — 44 years after participating in one of Livnot’s earliest programs — to reunite with the founders of Livnot U’Lehibanot and revisit the place that changed his life.

“It’s a touching story about roots, identity, and belonging that I believe would resonate deeply with your readers.

“Attached is the full story.

“A short video: https://drive.google.com/file/d/1Ech3OOGO7ElnttWIWgaIQtQ2PIeQl2mT/view

Continue Reading

Local News

Winnipeggers recount experiences growing up in smaller communities

l-r: Bruce Sarbit at podium; seated - Chana Thau, Lil Zentner, Sid Robinovitch, David Greenberg

By MYRON LOVE “The place we call home,” observed Bruce Sarbit, “ – shtetl, town, city, country – is essential to who we are. We endow the place with personal meaning and it, in turn, provides us with a sense of identity and stability as we adapt to life’s circumstances in a rapidly changing world.”
 For many Jewish Winnipeggers of an earlier era, like Sarbit, that sense of identity was first forged in smaller communities throughout Manitoba, Saskatchewan and Northwestern Ontario where our parents and grandparents – my own father and his family among them – found general acceptance as farmers, merchants and professional people while they also successfully strived to retain their sense of Judaism.   
On Sunday, September 28, Sarbit was one of a group of four Winnipeggers who participated as part of the Jewish heritage Centre of Western Canada’s program “Beyond The Perimeter: Jews Outside of Winnipeg”, which was held at Temple Shalom. The four, in addition to Sarbit, were: David Greenberg, Sid Robinovitch and Lil Zentner – who began their lives growing up in Selkirk (for Sarbit), Portage La Prairie, Brandon and Esterhazy (Saskatchewan) respectively. The program grew out of the research conducted by Chana Thau, on behalf of the JHCWC, into Jewish life in smaller communities in Manitoba and Saskatchewan.
In Thau’s introduction, she noted the existence of several Jewish farm colonies that were established in the early years of the last century by German-Jewish Baron de Hirsch. At the same time, other Jewish immigrants (also all from the former Russian empire) to Canada were following the railroad and establishing themselves in the towns and cities that had grown up alongside the rail lines.
In the smaller communities, such as Shoal Lake – where I first lived (we were the only Jewish family) or Esterhazy (where Lil (Bober) Zentner’s family lived with two other Jewish families, the Jewish presence was minimal.  In larger communities – such as Brandon, Portage and Selkirk – the number of Jewish families may have been between 20 and 30 at their peaks in the interwar years and into the 1950s. Brandon and Portage had their own synagogues.
The four speakers described many commonalities about Jewish life where they grew up.  Their parents were storekeepers. Zentner’s parents, Max and Eva Bober, operated a general store in Esterhazy. Sid Robinovitch’s parents, Jack and Ethel Robinovitch, were proprietors of the Army and Navy Clothing store (which was a separate entity from the Army and Navy chain of stores which were headquartered in Regina, Sid pointed out) in Brandon.  Sarbit proudly reports that his family’s Sarbit’s Department Store in Selkirk was, at one time, the largest independent store in western Canada. While David Greenberg’s father, the late I.H. Greenberg, was a lawyer in Portage la Prairie – and David and his brother,  Barry, carried on the family legal practice in the community – his grandfather was first a journeyman lather who did plaster work on homes. The family later opened a second-hand store and subsequently constructed a grocery store – Greenberg’s Groceteria.
“The Greenberg grocery store extended credit to farmers and purchased their produce, which enabled it to thrive,” David Greenberg recalled. “I was once told by a friend years later that “Greenberg’s kept us alive” in the winter when they had virtually no money for food.
 While the Greenberg, Robinovitch and Sarbit families arrived in Portage, Brandon and Selkirk respectively in the early 1900s – as part of the wave of Jewish immigration from Russia at the time –meaning the three were among the third generations in their communities,  Lil Zentner’s parents, Max and Eva Bober were considerable later arrivals – having come to Canada respectively – in 1926 and 1930. They opened their general store in Esterhazy in 1936.
 The Bobers, being newcomers, were more observant than Greenberg’s, Robinovitch’s, and Sarbit’s parents.  Zentner was the only one of the four speakers who brought up the challenge of keeping kosher in a town far removed from shechita and kosher food.  She recounted how her parents brought in kosher meat from Regina.
 “We would buy chickens from local farmers,” she recounts.  “We would take them to Melville (which numbered perhaps 30-40 Jewish families in the 1930s and 40s) to have them killed and then we would remove the feathers, cut off the heads and clean them at home.”    
In Robinovitch’s telling, Jewish religious life in Brandon was “basic”.  “We kept kosher in our home,” he remarks.  “We brought in kosher meat from Winnipeg.  We had a synagogue but, aside from the odd community event, it really only functioned on the High Holidays.”  
David Greenberg noted that, for the first couple of decades, the Jewish community’s members davened in people’s homes. Portage’s Jewish community didn’t build a proper synagogue until 1950. Services were largely restricted to Friday evenings and the High Holidays.  The merchants had to work on Saturdays. The community also made attempts to have  a cheder, but with limited success.
 While  it would seem (from my own memories as well) that the general communities in those small towns respected the Jewish merchants in their midst – none of the four speakers mentioned any incidents of antisemitism – the Jewish families – even in the already more secular and integrated second and third generations – primarily socialized with other Jewish families.
 In Portage – although the Jewish families did largely socialize with each other, the second and third generations also held leadership positions in the larger community.  Greenberg noted that Jack Shindelman, Ben Kushner, and Irwin Callen all became aldermen, and Harold Narvey was re-elected chairman of the school board many times.
 “My mother served as President of the Imperial Order Daughters of the Empire (IODE),” Greenberg noted, “and as a longtime volunteer at the Portage General Hospital Auxiliary. My father and his brother Allan became Exalted Rulers of the Elks Lodge, My Uncle Michael was leader of the Elks Band.”  
 In Zentner’s remembering, although she had many non-Jewish friends among the girls in her classes – her parents only got together socially with the other two Jewish families in town or Jewish families in nearby towns.
 “In the summers, we would join other Jewish families at Round Lake, vacationing at Round Lake,” she recalled. “One summer, my parents sent me to a Habonim camp in the Qu’Appelle Valley where I met a lot of other Jewish kids.”
 “For their social life, my family mixed almost exclusively with other members of Brandon’s Jewish community,” Robinovitch said.  “There were Saturday evening poker nights and Sunday afternoon gatherings at Crystal’s Delicatessen.  On Saturday afternoons, I would go to the movies and a couple of other Jewish kids in my school and I belonged to the Cubs and Boy Scouts.
 “I had a few friends from school, but I always felt that I was different,” Robinovitch continued.  “I was aware of being Jewish – although I had no real sense of what Jewishness was all about.  I would say that the only time that I had any exposure to Jewish culture was when my parents sent me one summer to Herzl Camp in Wisconsin when I was 12 years old. It was a real eye opener being in an environment with so many other Jewish youngsters.  I was exposed to a lot of Hebrew songs and, to this day, I still remember the Birkat Hamazon and V’ahavtah prayers that I learned there.”
 The next year, the Robinovitch family moved to Winnipeg and young Sid quickly became immersed in Jewish life here.  “In Brandon, I felt that we were defined by what we didn’t do,” he observed.  “We didn’t go to school on the High Holidays.  We didn’t have a Christmas tree.  And we didn’t go to visit grandpa and grandma on the family farm.
“It was in Winnipeg where my identity as a Jew really began to take shape.  Brandon was a nice place to live, but it could not provide the strong Jewish community values that emanate from a lager centre.  A remnant of Jewish values still prevailed from the shtetl, but by my generation, they had worn thin.”
 For Lil Zentner, the end of her time in Esterhazy came when she began dating a local boy.  Her parents wouldn’t tolerate it when they found out.  After a mighty blow-up, she challenged them to send her to Winnipeg where she could meet fellow Jews.  Her older brother, Harold, was already here, going to university.  Her parents agreed and they followed a year later.
For the Jewish community in Selkirk, Bruce Sarbit noted, being so close to Winnipeg, it was almost an extension of the larger city.  His remarks were as much about nostalgia for Winnipeg as they were about Selkirk. “In my case,” he said, “I came into Winnipeg for everything Jewish – Hebrew lessons. Sunday Jewish history classes and YMHA clubs.”
 The smaller city, he observed – at its peak home to perhaps 20 Jewish families, “fostered a strong sense of community among the Jewish families and helped them to hold onto their cultural and religious traditions, celebrate Shabbat, observe holidays, practise kashrut and maintain their Yiddish language as they ran businesses that necessitated interactions with the non-Jewish  population”.
He added that his own father, Syd, who came to Portage at the age of three, was immersed in the general community as well – having twice served as president of the Chamber of Commerce, was also a member of the Rotary club, and once ran for election to the Legislature.
Unlike Portage and Brandon, though. Selkirk was close enough that the Jewish residents of Selkirk often drove into Winnipeg, attended High Holiday services here, visited relatives and, in general, partook of the activities, Jewish and otherwise, that the larger city provided.
Unlike Robinovitch and Zentner though, Sarbit did not spend all of his adult life in Winnipeg.  He left Selkirk at the age of 18 for Brandon.  For 40 years, the psychologist turned playwright  served as a counsellor at Brandon University.
“The descendants of the first residents chose not to remain in Portage,” Greenberg concluded – in summing up the decline and disappearance of the other Jewish communities on the Prairies – with the exception of Winnipeg, Regina and Saskatoon. “Intermarriage was frowned upon and the children were too few in number and not close enough in age to socialize, so for girls to meet Jewish boys they were required to move to alarger centres, primarily Winnipeg. I believe culture was the motivating factor in their decision.
“Only my Uncle, Allan Greenberg, a bachelor, Harold and Mildred Narvey, and their son Bruce, who opened a chiropractic practice, remained. Bruce Narvey, as I mentioned, was the last of the resident descendants, before leaving after his mother died.”
Although Greenberg himself – and his brother, Barry – have lived most of their lives in Winnipeg, they continue to practise law in Portage and have had a history of community involvement in the Portage community.  In recent years, David co-chaired the Portage and Area Beautification initiative committee through the Chamber of Commerce, resulting in seven years of service in the planning and implementation of the project. As a result, the committee was awarded its Citizenship of the Year award by the community. As for Barry Greenberg, he is a past president of the Portage & District Chamber of Commerce.
 

Continue Reading

Local News

Holocaust survivors group “Cafe Europa” celebrates 25th anniversary

Individuals who all played major roles in "Cafe Europa" over the years (l-r): l-r Keith Elfenbein and Harriet Kraut, JCFS workers; JCFS former executive director Emily Shane; Adeena Lungen, JCFS worker; current JCFS president and CEO Al Benarroch; Cheryl Hirsch Katz, former JCFS worker

By MYRON LOVE On October 12, 2000, the Jewish Child and Family Service (JCFS) invited Holocaust survivors in our community to attend an information session at the Gwen Secter Creative Living Centre to discuss how the community could better serve the needs of that segment of our community.  What grew out of that meeting was the establishment of the Winnipeg chapter of Cafe Europa, an international organization originally established by the Conference on Jewish Material Claims Against Germany, which brings together Holocaust survivors to forge connections and community with others who have shared their experience.
On Thursday, October 23, 2025, a small group of our community’s rapidly dwindling survivors  joined some of the JCSF staff who have been involved with the program over the years – including current president and CEO Al Benarroch, his predecessor, Emily Shane,  JCFS seniors case worker Adeena Lungen, recently retired Cheryl Hirsh Katz, along with Keith Elfenbein and Heather Kraut – the current JCFS staff overseeing JCFS seniors programming – also Shelley Faintuch, who was the Jewish Federation of Winnipeg’s Director of Community Relations 25 years ago – for the for lunch at the Gwen Secter to celebrate the 25th anniversary of the founding of Winnipeg’s Cafe Europa.
“It is a really special moment for me to stand before you today as we commemorate the 25th anniversary of our Holocaust survivors’ social lunch program,” said Adeena Lungen,  JCFS social worker. Lungen herself is the daughter of Holocaust survivors.
Al Benarroch, President and CEO of JCFS, added, ““Our Holocaust survivors are truly precious jewels, the living legacy, resilience, an embodiment of Jewish survival, and of ‘Am Yisrael Chai’.  We owe them so much for their stewardship of Jewish truth and justice.  They are truly righteous among us.”
Lungen continued: “It began with a simple idea to bring Holocaust survivors together and evolved into a regular biweekly group where survivors meet, share a meal, enjoy a program and find comfort in each other’s company. It has grown into an environment where survivors have been able to come together year after year supporting each other through illness, loss, and hardship, as well as celebrating together successes and family simchas.”
Lungen was one of two JCFS social workers who were at that original meeting 25 years ago, along with Shelley Faintuch – also the child of Holocaust survivors – representing the Federation.  “Our initial idea was just to create a space where survivors could come together as a community of people with shared experiences and history,” Lungen recounted.
The name, “Cafe Europa”, she explained, comes from a cafe of the same name in Stockholm where survivors met in the early years after the war in the hopes of finding family and friends who had also survived the Holocaust.
Lungen recalled that the survivors who attended that first meeting were very clear about their vision for the group.  “They weren’t looking for a therapy or support group – nor did they want to talk about their wartime experiences,” she said.  “They simply wanted a program where they could socialize with other survivors.  I came to understand their needs and desires to meet with others who understood loss and suffering in a way that only other survivors could.”
Speaking directly to the 15 survivors at the 25th anniversary lunch, Lungen praised them for their “indomitable will to live a life of purpose and meaning. You have shown all of us – in very real ways – what it means to rebuild your lives, to persevere and to believe in the possibility of goodness after unimaginable loss.
“We at JCFS are grateful for the opportunity to work with you, to learn from you and to be inspired by you.”
As the number of survivors in our community continue to decrease year after year, so too do the numbers attending Cafe Europa programs.  Keith Elfenbeinn noted, “when Heather (Kraut) and I began working with the survivors 12 years ago, we had close to 50 attending our bimonthly programs (which feature lunch followed by speakers or performers).  Now we get fewer than 20.”
He added that most survivors are in their late 80s or 90s now – including 100-year-olds Charlotte Kittner and Saul Fink.  
Lungen in particular noted Elfenbein’s role in co-ordinating all aspects of Cafe Europa’s programming, including phoning survivors to arrange transportation, booking the speakers and entertainment, and liaising with the Gwen Secter Centre.
Shelley Faintuch delved into Canada’s sorry history with regard to largely having banned Jewish immigration here before the war and limiting the numbers after the war.  She provided an overview – in her years as the Federation’s Community Relations director – to reach out to governments and build bridges to other faith and ethnic communities –as well as high school students, aimed at raising awareness of antisemitism and taking measures to fight this pernicious hatred.
The 25th anniversary program finished with a musical performance by Rabbi Matthew Leibl and Cantor Steven Hyman.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News