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
Bright future for Israeli-born University of Manitoba Science student Erele Tzidon
By MYRON LOVE Erele Tzidon, a second year Science student at the University of Manitoba, seems to have a bright future ahead of her.
Rabinovich-Nikitin
The year before last, the Israeli-born graduate of Gray Academy received a University of Manitoba undergraduate research award, which allowed her to pursue research as a member of Dr. Inna Rabinovich-Nikitin’s research team at the Institute of Cardiovascular Sciences, (ICS) researching the link between pregnancy complications and the risk for heart disease.
The world-renowned institute, directed by Dr. Lorrie Kirshenbaum, studies heart disease and heart function with the goal of researching means to repair damaged heart cells and prevent heart failure.
This past November, Tzidon was presented with a second award – the Dr. James S. McGoey Student Award – based on the quality of her cardiovascular research at the ICS, which operates out of the St. Boniface Hospital’s Albrechchtsen Research Centre.
“We are very proud of Erele and her achievements,” says Dr. Inna Rabinovich-Nikitin. “We believe she has a promising future in medical research.”
Originally from Moshav Ginaton in central Israel, Tzidon came to Winnipeg in 2018 with her parents Ofer, formerly regional manager for a car rental agency in Israel and now an RBC branch Manager, and Sharon, an emotional therapist in Israel who is currently working as an educational assistant at Gray Academy. Tzidon also has three younger brothers.
The 19-year-od reports that it was through a connection she forged with Rabinovich-Nikitin at G ray Academy (where the latter has three children enrolled in the elementary program) that opened the door to a summer position at the ICS in 2023. She notes that she is at the ICS two days a week and at the U of M three days a week.
“I have always wanted to do research,” she says, “because I have an unlimited number of questions. And I love working with the great team at the ICS.”
One of the primary focuses at the ICS in recent years has been on women’s heart health. Three years ago Kirshenbaum created a new research program within St. Boniface Hospital specifically for the study of heart disease in women. Dr. Rabinovich-Nikitin was the first faculty member seconded to the new research program
In an earlier article I wrote about her in the Post (in 2021), I noted that she, like Erele Tzidon, is originally from Israel, having arrived in Winnipeg in 2016 with her husband Sergey, and their two children (a third child was born here) to further her scientific knowledge through working in Kirshenbaum’s lab.
Rabinovich-Nikitin is graduate of Tel Aviv University with a Ph.D. in biotechnology.
“I was always interested in science, how things work,” she notes. “I have a particular interest in women’s cardiac health.”
Four years ago she herself was presented with the Winnipeg Foundation’s Martha Donavan Leadership Development Award. The award is intended to provide leadership development opportunities for women in the Rady Faculty of Health Sciences at the University of Manitoba. Eligible applicants include women who are full-time or part-time academic faculty members, students of the Rady Faculty of Health Sciences, and students as well as post-doctoral trainees (including residents), presently enrolled in a program of study within the Rady Faculty of Health Sciences.
In 2022 Rabinovich-Nikitin, was the winner of the Louis N. and Arnold M. Katz Basic Science Research Prize for Early Career Investigators awarded by the American heart Association (AHA). This award is the highest international recognition of research excellence for an early career investigator to receive, and Rabinovich-Nikitin is the first ever Canadian scientist to receive this award.
That same year she joined the University of Manitoba Department of Physiology and Pathophysiology as an assistant professor, studying heart disease in women. Rabinovich-Nikitin observes that heart disease in women presents itself in a different way than in men. She notes that one of the new lab’s initial findings was that there is one specific gene that leads to cardiovascular issues in some pregnant women that can point to heart disease later in life, and also have negative implications for the development of their children. Those children are smaller at birth and, as adults, are prone to hypertension, diabetes and obesity,
“We are looking into how that particular gene increases the risk of heart disease.” she says.
Rabinovich-Nikitin would like to invites readers who may be interested in learning more about women’s heart health to a free program the ICS is offering on Sunday, February 23 at the Wellness Institute at 1075 Leila Avenue from 1:00-4:00. The afternoon will feature speakers, children’s activities and Zumba sessions.
“I would encourage everyone who has questions and wants to learn about women’s heart health to attend,” she says.
You can find more about the event at https://megaheartevent.com/
Local News
Videographer/photographer Jeff Gordon looking forward to sharing his expertise through series of in-person classes
By MYRON LOVE Jeff Gordon is the epitome of a visionary and the trajectory of the local videographer/photographer has just gone into overdrive.
At the beginning of the year, the founder of JAG Videos and Photography inaugurated his brand new state-of-the-art studio in a new facility he built behind his north River Heights home. And, shortly after, he launched the first session of his new school for budding photographers and videographers.
“Up until now, the only options for anyone interested in learning the art of photography or making videos has been either Red River College or the University of Winnipeg,” Gordon points out. “I recognized a niche here and my goal is to fill this gap.”
The first of the 16-week sessions in his new studio began in mid-January. He reports that he is running three classes a week- one strictly for teenagers.
“The course exceeded my expectations. We sold out quickly and I have a waiting list,” he notes. “I have 16 students divided among the three classes. I am teaching the students everything I know about photographer and videography. The curriculum is easy to follow.
Increasingly, we are in a digital world,” he adds. “Businesses need staff who are adept at making videos and taking photographs. Companies need staff who are able to create videos for them to promote the business online.”
He envisages offering the program three times a year – with future sessions beginning in May and September.
Gordon’s curriculum is his own creation, based on his experience and a previous training manual he wrote years ago for an entirely different group of students – drummers.
Before Jeff Gordon discovered his passion for photography and videography, he was a musician – a drummer to be specific. The graduate of the Hebrew Bilingual program at Brock Corydon Elementary School and later, Shaftesbury High School, began playing drums in high school and started teaching others to play shortly after.
“I used to have as many as 40 students at a time,” he recalls.
Following graduation from Shaftesbury, he enrolled at the Los Angeles Music Academy. In 2006 he graduated from the jazz program at Grant MacEwan University in Edmonton. His professional credits include 16 years as a drummer with the Sarah Sommer Chai Folk Ensemble and five years as a member of a touring band called “Driver.”
It was while performing with “Driver” that he began doing videography. “I have always been fascinated by technology,” he says. “While on tour, I began making videos of our live concerts. I would set up four or five cameras to record the shows.”
In 2014 Gordon took the plunge and dove into photography and videography full time with the founding of JAG Videos and Photography. “I started with weddings and gradually started to develop a commercial and corporate clientele,” he says. “I do a lot of head shots for businesses. I have also done a number of TV spots for Global and Corus.”
In his new studio he has also been recording a weekly podcast for a client, he reports. “I have a chesterfield for the podcaster and her guests and provide a coffee table and coffee.”
And while the Covid lockdown proved to be disastrous for many, for Gordon it turned out to be very good for his business. “I was really busy,” he says. “Because of the lockdown, there was an increased demand from corporations and companies for videos.”
Previous to building his own studio, Gordon notes, he was renting space in the Exchange District. “I got the idea for building my own home studio while having renovations done in our kitchen,” he recounts. “It took about a year to build. It’s great having the studio. It feels like an extension of my home.”
(He adds that he is still going out on location when required.)
“I really enjoy teaching,” he says. “I love expounding on subjects I am passionate about.”
Jeff Gordon has bold plans for his school and curriculum. “I hope to be able to expand the number of students to the point where I need a larger space,” he says. “I envisage hiring other teachers and running multiple classes at the same time. I hope to create a digital version of the course and sell it widely online. I would also like to be able to license my program and sell it to schools and universities.”
Gordon feels that he is truly blessed to have been able to turn a hobby into a full time business.
As the same time, he hasn’t entirely given up the drums. “I still have my drum set in my basement,” he notes.”I am enjoying teaching my two daughters (both Brock Corydon students incidentally) to play the drums.”
Jeff Gordon’s website address is www.jagvideos.com.
Local News
Winnipegger featured in Apple commercial highlighting new adaptive technology
By MYRON LOVE The year just past has been a memorable one for Melissa Shapiro. In recent weeks she and her boyfriend moved into their new home in East Kildonan and – in September, the daughter of Cory and Goldelyn Shapiro – was one of the featured guests at Apple Headquarters in Las Vegas for the premiere of an advertisement – produced by the tech company – highlighting Apple’s newly developed adaptive technology.
“I was flown out to California by Apple’s PR team,” recalls the 26-year-old policy analyst with the Education and Early Childhood Learning Department. “The event was held at Apple Park. It was really exciting seeing all the newest products and features.”
Shapiro, who was born missing her left arm, came to the attention of Apple as a result of Instagram videos she made demonstrating her ability to work out as an adaptive athlete. Last May, Shapiro reviewed the Apple watch’s accessibility features in a video, and it caught Apple’s attention.
“I was contacted by a casting agency in July,” she reports. “Next thing I know, we are filming in Toronto in August. I was the only Canadian involved in filming the commercial.”
Shapiro has never let her disability define her life- thanks in part both to her parents and the War Amps of Canada Child Amputee program, which reached out to her family three weeks after she was born.
“We received a lot of support – financial, recreational and emotional – from the War Amps,” she says. “Through the program, my family was able to connect with other families with similar challenges.
As well, the War Amps helped me to integrate in school and participate in sports while I was growing up by providing me with different prosthetics paid for by donations to the program.
Over the years, Shapiro ha been able to give back to the non-profit organization by appearing in War Amps public service spots highlighting such tips as playing safe in order to avoid accidents that could result in amputations. She has also been featured n War Amps-organized seminars and media appearances promoting the work of the War Amps in helping to improve the quality of life for children like Shapiro who were born missing a limb or those who lost limbs due to an accident.
“I still enjoy doing ‘playsafe’ presentations and public events for the war Amps,” she says.
Readers who may be interested in supporting this worthwhile program can donate by phone (1800 250-3030) or go online (waramps.ca).
You must be logged in to post a comment Login