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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
A local vocal extravaganza
By Dr. RAY SINGER I just experienced a revelatory weekend of superb vocal music, about which I wanted to share.
First, on attending Shaarey Zedek for Shabbat morning services I was pleasantly amazed at what was transpiring: Marlaina Sommer was beautifully singing her way through her own Bat Mitzvah service. Having married into a famous local musical family, I was not surprised also to hear her daughter and son-in-law, Sarah Sommer and Justin Odwak, sing – with their ethereal voices flowing over the congregants. Spouse and father Hillel provided percussion.
That was just for starters. My wife and I then attended the first concert in the Asper Jazz Series to hear the New York Voices in their Grand Finale concert tour, Winnipeg being the only Canadian stop on their tour.
Singing as a quartet for 38 years, their jazz singing was superb – with intricate harmonies, scat solos and amazing jazz vocals in the style of Lambert, Hendricks and Ross. They displayed exquisite control, and also interacted well with the audience.
Our final vocal musical experience was most revelatory and meaningful. This event was held on Sunday in the Laudamus theatre on the C.M. U. campus
It was organized by the Women’s Music Club of Winnipeg. Little did I know that club has been bringing in musicians of world stature for 130 years. If not for the kindness of our neighbours, Professors Harry and Mary Lynn Duckworth, we would not have known of this concert, entitled: “In a Dark Blue Night.” The title was written in both English and Yiddish in the program notes.
The music was performed by two wondrous musicians: Isabelle David, pianist and Sara Schabas, solo soprano. They performed a song cycle by the Pulitzer Prize-nominated, N.Y.C.-based Jewish composer Alex Weiser.
The first half of the concert consisted of Leiders by Viennese composers of the early to mid-20th century, all of whom were Jewish or in relationships with other Jewish composers. The composers included: Arnold Schoenberg, Alma Mahler, Erich Korngold, and others. Sara’s rendering of their songs and poems set to music was transcendent and emotive.
The narrator of theevent, Nolan Kehler, himself a musician and music radio host, was excellent in detailing the Zeitgeist around those Viennese composers and how they had to flee Vienna in the late ’30s. At least two were murdered in the Holocaust.
The second half of the concert was even more amazing. Alex Weiser composed music to accompany selected poems written by Jewish immigrants to New York early in the 20th century. Sara, having sung most of the songs in the first half in German, and one in English, then sang those poems beautifully – this time in Yiddish. Then, as a finale she sang a Gershwin medley. To add icing to this note-worthy cake, the pianist played the most challenging dramatic part of “Rhapsody in Blue,” knocking it out of the park
Thus, in one weekend I heard a Sarah and a Sara, and am grateful for our musical riches, especially brought to Winnipeg by both the Mennonite and Jewish communities. I am no music reviewer, but can appreciate the talent and artistry displayed by both Isabelle’s David and by Sara Schabas And, great news: Sara, who is from Montreal has landed a job teaching in the Desautels Faculty of Music. Hopefully many more of us will get a chance to hear her.
Local News
Jewish Foundation Endowment Book Of Life program Sunday, November 1st
By BERNIE BELLAN The Jewish Foundation of Manitoba first launched its Endowment Book of Life legacy programme in 1998.
This charitable initiative allows donors to promise a future bequest to the foundation in exchange for having their personal history, family experiences, and philanthropic values permanently inscribed in a physical and digital archive.
On Sunday morning, November 1, the Jewish Foundation held its most recent Endowment Book of Life event followed by a brunch at the Shaarey Zedek Synagogue. There were five new entries into the Book of Life, from: Brownie Fleishman – in memory of her parents, Beryl and Esther Pierce; Marilyn Goldberg – in memory of her husband, Dr. Norman Goldberg; Melissa Rice – in memory of her husband, Richard Rice; Sharon Wolchock, in memory of her husband, Sid Wolchock; and Anna and Lyle Silverman.
The signers were introduced by Jewish Foundation CEO John Diamond, who, in addressing the signers, said: “Your stories, your generosity, and your commitment to the future of our community will continue to inspire others for generations to come. Thank you for making this meaningful commitment.”
Diamond read excerpts from what the signers had written in the Book of Life or described what had led some of them to be motivated to want to be part of the Book of Life.
From Brownie Fleishman’s inscription about her parents, Beryl and Esther Pierce, Diamond read: “The story of the Pierce family began in Winnipeg in the early 20th century, when Beryl and Esther Pierce came to Canada to establish a new life for themselves and their children.
“Beryl Benjamin Pierce was born in 1883 in Poltova, then part of the Russian Empire, and now Ukraine. He immigrated to Canada in 1912 and settled in Winnipeg, where he became a pioneer in the fur industry. A skilled designer and cutter, he established Pierce Fur Company in the Exchange District. The building that housed that business was later designated a municipal historic building.”
From Marilyn Goldberg’s inscription about her late husband, Norman: “Norman had a deep connection to Judaism and to the Jewish community. He attended synagogue regularly and served on the boards of both the Rosh Pina and the Shaarey Zedek synagogues. He was a leader in the efforts to change the Shaarey Zedek cemetery rules to allow interfaith couples to be buried together. His commitment to Tikun Olam extended to reaching out to the larger world. He helped lead the community’s efforts to settle refugees from Darfur.
“Our children characterized his faith this way: ‘His was a Judaism that was not orthodox in practice, but deeply rooted in Jewish values, tradition, and faith. This led him to good deeds, good words, a good life.’ “
From Melissa Rice’s inscription about her late husband, Richard: “Richard was immensely proud of his Jewish faith and heritage. He celebrated his bar mitzvah, participated in Kadima and AZA, and formed friendships that would last a lifetime.
“His close friend circle included and many who shared countless adventures, misadventures, and laughs over the years. Their friendships endured because Richard understood something important. Relationships require time, loyalty, and commitment.”
John Diamond spoke about Anna and Lyle Silverman’s long commitment to the Jewish community: “Both Anna and Lyle have always been strong philanthropic supporters of the local Jewish community, of Israel, and of Holocaust education.
“A commitment that was reinforced a few years ago after they had participated in an emotionally draining and unforgettable March of the Living trip that took them to the gates of Auschwitz. Their ongoing support of the Jewish community is also inspired by Anna’s memory of the tremendous help that her family received from the Hebrew Immigrant Aid Society when they landed in Montreal as refugees. Their story goes on to say they have been lucky in love and in business, and now as they continue to enjoy a long, comfortable, and well deserved retirement, they are eager to share their good fortune with others. ‘We have a wonderful life and couldn’t ask for anything more,’ Lyle says, ‘so now it is time to give back.’
“Through hard work, a commitment to education, and a strong connection to their Jewish community, they built a family whose succeeding generations continue to benefit from the opportunities they created.”
Diamond said this about Sharon Wolchock’s inscription about her late husband, Sid: “Sid was Sharon’s biggest supporter. Her volunteer work with the National Council of Jewish Women and the Jewish Federation mattered as much to him as his own legal career, and he backed it fully. He wanted Sharon and their daughters rooted in the Jewish community in whatever way suited each of them. In 1983, on Sid and Sharon’s first trip to Israel, Sid’s lifelong connection with the Jewish state was born.
“Sid’s love of aviation and history and his pride in being a Jew emerged during that trip. He became a passionate supporter of Israel’s soldiers and donated club rooms on two Air Force bases named for his brothers Harvey and Bernie so that the hardworking and often underappreciated technical crews had somewhere pleasant to relax.”
Following the ceremonial signing ceremony, guests in attendance were treated to entertainment by a quartet of talented singers: Julia Kroft, Josh Bellan, Alyssa Crockett, and Vinnie Alberto.
Closing out the day’s programme, current Jewish Foundation Board Chair Dafna Shore paid tribute to this year’s signers – and to the more than 800 signers of the Book of Life who had preceded them:
Shore said: “What makes this program so extraordinary and why it continues to resonate with so many people is the opportunity it gives us to share the stories that shape who we are, stories that might not otherwise have been told.
“Through the Endowment Book of Life, these stories are given a permanent home. Together, they form a living history of Jewish life in Manitoba, one filled with resilience, compassion, humor, and hope. These stories are more than a record of the past. They offer lessons for the future, showing generations to come, what it means to belong, to give, and to take responsibility for the strength of our community. Thank you for adding your voice and your vision.
“To this collection and for making a legacy commitment to the Jewish Foundation of Manitoba, your generation helps ensure that the programs, schools, and organizations that sustain Jewish life here will continue to thrive for generations to come.
“One of the great privileges of serving as chair is helping advance the Foundation’s mission, securing our community’s future while supporting its growth today. The Endowment Book of Life embodies that mission beautifully. It reminds us that each of us in our own way has the power to make a lasting difference.
“As we reflect on the importance of leaving a lasting legacy, I’d also like to take a moment to remember two valued members of the Jewish Foundation and Manitoba family who we lost this past year, Sheldon Berney and Lillian Neaman.
“Both served as governors of the Foundation, demonstrating their commitment to our community through their leadership and service. We are grateful for their contributions and the role they played in helping strengthen the foundation. Their memories remind us that a lasting legacy is built through the generosity, dedication, and commitment of those that came before us. May their memories be a blessing.
“As long as members of our community continue to invest in tomorrow, through their generosity, their readership, and their willingness to share their stories, Jewish life in Manitoba will continue to flourish. Thank you all for being part of that story.”
Local News
Application filed by two former members of Etz Chayim Congregation against the congregation to have their memberships restored dismissed by judge
The following is taken from the Canadian Jewish News website: “Manitoba’s Court of King’s Bench has dismissed Hadass Eviatar and David Hoult’s application challenging the termination of their membership at Congregation Etz Chayim. In his decision, Justice Vic Toews noted that, although Hoult’s letter describing a hypothetical attack on the synagogue may have lacked sensitivity given the political climate, he did not intend to threaten violence against congregants. However, the judge ruled that the court did not have jurisdiction to intervene in the membership dispute under Manitoba’s Corporations Act, finding that the couple had no financial, proprietary or economic interest that would entitle them to the remedies they sought. The judge concluded that religious organizations are generally free to determine their own membership rules and ordered each side to bear its own legal costs.”
If you would like to read the original article that broke the story about the battle between Hadaass Eviatar and David Hoult with Etz Chayim Congregation you can go to Epic Court Battle.”
