Local News
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
Eyal Kraut: continuing the family medical tradition
By GERRY POSNER When you talk medicine and family connections to medicine, one of the families you have to think of almost immediately is the Berbrayer- Kraut family. There are three generations of doctors now in this family, starting with Dr. Peter Berbrayer, of blessed memory, an orthopaedic surgeon (and father of Karla); Dr. Allan Kraut (husband of Karla Berbrayer, an internal medicine and occupational health physician; and Allan and Karla’s son, Dr. Eyal Kraut, an endocrinologist, who now lives in Toronto. Not to be overlooked as part of the Berbrayer-Kraut family medical team is Dr. David Berbrayer, son of Peter, and a medical director in rehabilitation redicine in Toronto. Each of these men has made contributions in his respective field and I expect many readers are well aware of that. Perhaps, because he is still young, Eyal, one of four children of Allan and Karla, is less known – although, because of his participation in the community, I am betting younger readers will know him.
Eyal Kraut was born and raised in Winnipeg. He is a product of the then Ramah Hebrew School and later the Gray Academy. It is fair to say that Eyal was exposed to the Jewish world right from the start in many aspects, not the least of which was by way of his mother Karla’s having run the Music and Mavens Programme at the Campus for many years, as well as being a musical impresario of great renown. In his high school years, Kraut was active in multiple leadership positions, including student council and the Jewish Federation’s P2K committee ( now P2G).
And, he was not just limited to school activities as he was what might be called a “player” at the Herzlia Synagogue, where he often led services, not to mention his talent as a shofar blower ( no small skill; I know that from trying for a week without making a sound). Moreover, Kraut taught Bar/ Bat Mitzvah lessons, was on staff at the Rady JCC during his school days, also staff at Camp Massad. In short, Kraut was the full package coming out of high school. He attended the University of Manitoba and graduated with a Bachelor of Science degree. While at the university, he served as president of Hillel. Subsequently, he entered the University of Manitoba Medical School.
In 2014, Eyal Kraut graduated with his MD degree. During his time as a medical student he participated in the Manitoba Medical Students Association and also sat on numerous committees. Upon graduation, Kraut was off to Queen’s University for his residency in internal medicine. It was in Kingston that he met his future wife, Zoey Katz, who was from Toronto. The couple returned to Winnipeg for Eyal’s clinical fellowship in endocrinology, which is the specialty focussing on diabetes and hormones. While he was busy with becoming a doctor, his wife Zoey was a nurse at Children’s Hospital. Now that is taking togetherness to a new level. Even then, Eyal and Zoey helped to lead services at the Simkin Centre.
In 2019, the couple made the decision to move to Toronto. Currently, Eyal works at a clinic in downtown Toronto, while at the same time he also has a weekly clinic at Mount Sinai Hospital. Yet, even with the move to Toronto, Eyal retained his medical license in Manitoba and for several years, he returned to Winnipeg for several days every two months to run a small endocrinology clinic in Winnipeg, located at Confusion Corner, called Cardio 1 Lifesmart. That is what I call staying connected to your roots. Even then, Eyal used his spare time to head to the Rady JCC, as JCC memberships are honoured everywhere there is a JCC. The routine of trips to Winnipeg ultimately concluded just recently – at the end of October. Eyal and Zoey now have a two-year-old son, Asher, with another baby on the way, so the trips to Winnipeg are no longer as feasible as they were. Still, Eyal is clear that he intends to make regular visits (to see family of course,) also to show his kids what life is like in Winnipeg. This is one guy who appreciates from whence he came.
Even with his impressive background, what really makes Eyal stand out is a talent that no one likely knows about and that is Eyal’s ability to recognize people. It was at Beth Tzedec Synagogue in Toronto not long ago – at Yom Kippur services, and with a full sanctuary, when out of the blue, a guy whom I did not know tapped me on the shoulder and asked if I was Gerry Posner. He just picked me out from my photo in the Jewish Post. That photo has me with a baseball cap on my head, but at synagogue I had a kippah on. Now, that is a rare talent. (Ed. note: Oh come on Gerry – you’ve written before how Winnipeggers, including the equally famous Rabbi Matthew Leibl – before he became a rabbi, have spotted you in baseball stadiums across North America and come up to you . You’re world famous for sure!)
Local News
Latest Jewish Foundation Endowment Book of Life signings took place November 3rd
By MYRON LOVE Almost everyone has a story to tell. And, for the past 25-plus years, the Jewish Foundation of Manitoba – through its ongoing Endowment Book of Life program – has been assembling stories of current and former members of our Jewish community.
As explained on the Foundation website, “the Endowment Book of Life program is a planned program that offers participants an opportunity to leave both a financial and historical legacy to the community.”
Donors promise to leave a bequest to the Foundation, in return for which their family stories are inscribed in the Book of Life.
The annual official unveiling of new stories this year was held on Sunday, November 3, at the Shaarey Zedek Synagogue and included brunch, some musical entertainment featuring a talented quartet of singers – including Josh Bellan, Alyssa Crockett, Julia Kroft and Hailey Witt (who have seemingly been the young go-to performers at Jewish community functions over the past year or two) – as well as a poetry reading by members of the StudioWorks Players – and comments by Rabbi Alan Finkel as to why he chose to add his and his family’s stories to the Endowment Book of Life.
In his remarks, Finkel, the recently retired rabbi of Temple Shalom, spoke of his family’s stories – in this case, his family’s stories of the Holocaust. “My family has always shared their stories,” he noted. ”Their stories are part of the Shoah Foundation’s collection of stories. And both my mother (Carmela Finkel – who passed away three years ago) and my Aunt Betty (Kirshner) have shared their stories with hundreds of students at the Holocaust Education Centre. Later, my mother was honoured to have her story included as part of the video displays at the Canadian museum of human Rights.
“But, even as I embraced the power of those survivors’ stories,” he continued, “I could see that the list of story tellers was getting ever shorter. I wondered how those stories would continue to be told once there was no one left to tell them.”
Shortly after his mother’s passing, he said, the family came together to discuss how to continue their mother’s legacy. Their response was to create the Carmela Shragge Finkel Holocaust Education Endowment Fund at the Jewish Foundation of Manitoba – with proceeds directed toward the Jewish Heritage Centre of Western Canada.
“My page in the Endowment Book of Life is more about my personal life journey that led me to become a rabbi at 65,” he said, “but really, behind it all there are a lot of different threads and stories of Jewish community that intertwine and bind us to each other and to our Jewish community. This, to me, is the real gift of the Endowment Book of Life project – allowing each of us to here to tell our own stories in our own ways, to find our own unique paths of building our Jewish community here in Manitoba – and to celebrate how we are all part of klal Yisrael.”
Signatories to the Book of Life this year included: Dr. Sharon Goszer Tritt and Dr. Stephen Tritt; Brenda Honigman – in memory of her late father Sam, and late brother Archie; Ellie Kives – in memory of her husband Philip; David Wilder; Alisa Abrams; Marlene Reiss and Perry Rose; and Moshe Selchen, in memory
of the late Saul Feldman, a friend of the Selchen family. Feldman was a little-known member of our Jewish community who passed away a couple of years ago and left $2.6 million in his will to the Jewish Foundation.
In his introductory remarks, John Diamond, the Jewish Foundation of Manitoba’s CEO, described the Endowment Book of Life program, as “one of our most successful. We last hosted this event in 2022,” he noted, “and, I’m proud to say, I was a signer that year.”
Diamond explained why he and his wife, Heather, chose to commit to our community’s future. “In 2022,” he recalled, “we were beginning to glimpse what the world would look like post-pandemic. That prolonged period of uncertainty gave us the opportunity to think about our community’s future. If the generations before us had not been forward-thinking, prioritizing the next wave of Jewish Winnipeggers, where would we have been during the pandemic? How would our community have looked?
“Simply put, we were and are very fortunate. Thanks to that forethought, we were able to navigate that uncertainty. We need to continue putting future generations in a similar position to what we find ourselves in now.”
In her closing remarks, Dafna Shore, the JFM’s vice chair (who was filling in for chair Dan Blankstein, who was unable to attend), reported that the Endowment Book of Life currently contains over 800 stories.
“Each story is deeply personal and uniquely individual,” she pointed out. “What makes this program so special – and why it resonates with so many people – is the change to immortalize stories that otherwise might go untold.
“Every family has stories, some hidden away about what makes them exceptional. Very few are known beyond those who lived them. Sharing these stories in the Endowment Book of Life celebrates the lives lived in our community. They are an encyclopedia of what makes our community so rich in history, compassion and generosity.”
Shore thanked this most recent group of story tellers for sharing their stories and for committing to making a legacy gift. “Your gesture,” she said, “will serve to inspire the next generation to do the same. As long as our community has individuals who choose to put their community’s longevity at the top of their priorities, our community will continue to thrive.”
Local News
2024 Yom Tov attendance meets expectations
By MYRON LOVE Congregational leaders in our community are, for the most part, quite pleased with Tom Tov attendance this past Yom Tov.
“We sold out our seats,” reports Dr. Rena Secter Elbaze , the Shaarey Zedek’s executive director.
The remodeled and expanded Shaarey Zedek, our community’s oldest and largest congregation, has a capacity of about 900 in the main sanctuary – with an additional 250 for the separate Family Service downstairs.
Once again, this year, the popular Rabbi Emeritus Alan Green – who was the Shaarey Zedek’s senior rabbi for 18 years – returned to lead Rosh Hashanah and Yom Kippur services in the main sanctuary with Cantor Leslie Emery, the Quartet, and the Ruach Volunteer Choir. Rabbi Anibal Mass led the popular family service with Noah Trachtenberg, a Youth Band and the Dor Chadash Youth Choir.
Shaarey Zedek has, over the past few years, built a substantial following for its Shabbat and Yom Tov services online. Elbaze notes though that the number of people participating in Rosh Hashonah and Yom Kippur servicers online this year was considerably lower. That was because, she says, many of those congregants were eager to come back to the shul – which just re-opened a couple of months ago after being closed for three years due to construction – and daven in person.
“We were essentially sold out for Yom Tov by early September,” reports Jonathan Buchwald, Congregation. Etz Chayim’s executive director. “Our members were really excited about our first Yom Tov in our new building.”
By necessity – in reflecting the congregation’s slowly declining membership numbers – the new Etz Chayim – at 1155 Wilkes Avenue – is considerably smaller than its predecessor. To accommodate the demand for Yom Kippur seating in particular, Buchwald had earlier reported, the Kol Nidre service was to be held at the Holiday Inn Express at the airport – and there were two services for Yom Kippur day.
Buchwald notes that 335 were in attendance for the first services on Rosh Hashonah and Yom Kippur service and 120 for the second service on Rosh Hashanah – with 450 for Kol Nidre at the hotel. There were 250 for Neilah and 50 for the Young Family services. About 150 followed online.
As usual, Rabbi Kliel Rose and Cantor Tracy Kasner led Etz Chayim’s High Holiday services – with a separate family service geared toward families with young children as well as a Junior Congregation.
Over at Temple Shalom, our community’s 60-year Reform congregation,Past President Ruth Livingston says that there was “good enthusiasm” for Yom Tov and that the congregation members were very happy with the services led by cantorial soloist Janet Pelletier Goetz as well as long time Temple Shalom member Myriam Saitman – who is set to begin training in September toward her rabbinical ordination – and, for the first time, choir leader Erica Tallis –a 2020 graduate of the Desautels Faculty of Music at the University of Manitoba.
For the second year in a row, South end Winnipeg further offered a fourth liberal Jewish option in the form of Rabbi Matthew Leibl’s “Services on the River: A Modern High Holidays.”
The former Shaarey Zedek – and now independent – rabbi’s services were held once again at The Gates on Roblin – which can accommodate up to 300. Last year, Leibl reported in an earlier interview, about 250 people attended his service. He was expecting to have similar number this year.”
“Services on the River: A modern High Holidays” services were scheduled for the second day of Rosh Hashanah, Erev Yom Kippur and Yom Kippur morning. The services also featured the husband and wife cantorial team of Justin Odwak and Sarah Sommer.
All services were 90 minutes.
Still with the South End, Jack Craven president of Orthodox congregation Adas Yeshurun Herzlia says that people are happy that things are back to normal. “We had a good crowd for Yom Tov,” he says.
The congregation – led by Rabbi Yossi Benarroch – has a membership of about 100 and can accommodate up to 250.
“We were filled up for Rosh Hashonah and Yom kippur,” notes Rabbi Avroham Altein, Winnipeg’s senior Chabad-Lubavitch Rabbi of the south end Lubavitch Centre. “We also had a full house for Erev Simchas Torah.”
The Lubavitch Centre has a capacity of between 200 and 300.
The Simkin Centre also held Yom Tov services – on all three days – that were open to the general public. The services were led by Steven Hyman with the Simkin Centre Choir under the direction of Bonnie Antel.
In the North End, the Conservative egalitarian Chevra Mishnayes congregation – the largest congregation in that part of the city with the relocation of Etz Chayim south – saw a bit of a bump in attendance.
“We had 20 new people this year,” reports Chevta Mishnayes President Rob Waldman. “This is the first time that we have seen an uptake in attendance for Yom Tov since before the Covid lockdowns.”
Last year, just under100 came to the Garden city shul for Yom Tov.
This year’s service were once again led by Al Benarroch.
About 18 months ago, a new North End Orthodox congregation came into being as a result of the merger of the struggling Chavurat Tefila and Talmud Torah Beth Jacob members. The renamed Chavurat Tefila Talmud Torah Congregation – located at on the corner of Hartford and McGregor in West Kildonan – attracted between 40 and 50 daveners for its first Yom Tov services last year last year and about the same number this year.
Services at the shul this year were led by Cantor Menachem Frenkel from Silver Spring, MD.
“Cantor Frenkel was recommended by a friend and member of the shul,” says Cary Rubenfeld, the shul’s treasurer and spokesperson. “He was quite well received by the congregation. He is a multi-talented ba’al tefilah. He brought with him an extensive range of traditional and contemporary melodies which the congregants enjoyed.”
The venerable House of Ashkenazie, the last of our community’s old-style Orthodox congregations, was once again the only shul to report a bit of a decline in attendance from last year – with attendance for Yom Tov hovering around 30. Shul President Gary Minuk avers though that the Ashkenazie – which still holds services throughout the year on Thursday mornings – will continue to carry on “as long as we can still make minyans.”
Our community’s most northerly High Holiday services were held at Camp Massad. After a two year absence due to the Covid lockdowns, Camp Massad resumed its innovative Rosh Hashanah service last year. In pre-Covid times, Massad executive director Danial Sprintz noted last year, Rosh Hashanah at Massad had attracted as many as 150 participants. In 2023, 90 attended. This year’s attendance, he reports, was slightly higher.
“Our people were excited to come together,” he says. “We always offer a creative and interactive service that combines some traditional prayers with contemporary readings, folk music and our usual Camp Massad shtick.”
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