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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.

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Karina Gould – vying to be next leader of the Federal Liberals, has a Jewish father – and her parents met on a kibbutz!

By BERNIE BELLAN In January 2018 I conducted an interview with the late Jim Carr who, at the time, was Canada’s Minister of Natural Resources. I asked Carr whether there were any other Jewish members of the Cabinet?

Carr said that Karina Gould, who was the Minister of Democratic Institutions in 2018, had a Jewish father. I didn’t know much about Gould back then, beyond recognizing her name, but the recent announcement that she has decided to enter the Liberal leadership race might be of particular interest to Jewish readers.

Gould has held a number of portfolios within the Trudeau government, most recently as House leader.

Now 35, while Gould’s entry into the Liberal leadership race would be considered something of a long shot, her relative youth – along with her experience (she has been a Member of Parliament since 2015), might make her a plausible alternative to the two more prominent candidates in the race: Chrystia Freeland and Mark Carney.

With Gould’s decision to enter the race to replace Justin Trudeau as Liberal leader, I thought it might be interesting to explore her Jewish roots.

In a 2021 article on the CJN website, the following was written about Karina Gould:

Gould, the member for Burlington, was first elected in 2015. She has previously served as Minister of International Development and Minister of Democratic Institutions.

Jewish on her father’s side, Gould told The CJN in 2015 that while she’s not “an active practitioner of Judaism,” she maintains her heritage through celebrating Hanukkah, Purim, and Yom Kippur.

Her paternal grandparents were Holocaust survivors from Czechoslovakia. Her grandfather was deported to Theresienstadt, then to Dachau and Auschwitz. Separated during the war, her paternal grandparents were reunited afterward.

Her father met her mother, who is from Germany, while both were in Israel volunteering on Kibbutz Naot, where the sandals are made.

Gould visited Israel on a Birthright trip and stayed longer for a personal visit. “Israel is a beautiful country,” she said. “It’s unique in the world. It has difficult challenges.”

She said she believes her family heritage plays a big role in shaping her political values.

“My family was accepted and welcomed into Canada after a difficult experience,” she said. “Canadian values of tolerance and diversity were not just important for my family, but for others. Canada provided the opportunity to grow and to thrive.”

Gould was front and centre during the 2019 visit to Canada of then Israeli President Reuven Rivlin.

She noted to Rivlin that since the free trade agreement between Canada and Israel was signed in 1997, the value of two-way trade had tripled, to $1.9 billion.

And under the Canada-Israel Industrial R&D Foundation, the two countries have funded close to 60 projects over the last dozen years, she added.

Ties between Canada and Israel “are long, deep and mutually beneficial,” she said.

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Multi-talented Kelly Robinson continues to shine both on stage and behind the scenes

By MYRON LOVE For regular readers of my articles in The Jewish Post & News over the years, Kelly Robinson’s name is most likely associated with the growing number of students she has taught who who have stood out from year to year at the annual Winnipeg Music Festival in March. 
“I teach voice lessons,” says Robinson.  “I’m grateful to have such a full studio — over 50 students each week — and it’s delightful to see each student progress and grow their confidence and ability. Many of my former (and some current) students perform professionally themselves. It’s lovely to see.”
The teacher, moreoverr, is also a performer on local stages and behind the scenes. In recent years, she has appeared on stage in performances with the Manitoba Opera Chorus and the Manitoba Underground Opera, Rainbow Stage, Little Opera Company, Dry Cold Productions, and the Winnipeg Fringe Festival.  In August, she notes, she sang the role of “Mother” in the opera “Hansel and Gretel” with Manitoba Underground Opera at the Winnipeg Art Gallery.  Most recently, she was Music Director for the Manitoba Theatre for Young Peoples  “A Year With Frog and Toad” in December. 
 Currently, she reports, in a real tour de force, she in playing a role on the production team in the Royal Manitoba Theatre Centre’s new production of the musical version of the movie “Waitress” (which starts January 7 and runs until February 1) behind the scenes and she will also be appearing on stage.  “I am the Assistant Music Director,” she says.  “I worked on the music with the singers in rehearsal to help everyone to sound their best. I played the piano for rehearsals.  I am playing keyboard in the orchestra for all of the performances.”
 In addition, the “Waitress” band is on stage, interacting with the cast. “That should be a lot of fun,” she comments.
For the daughter of Terry and Freda, a musical career was not on her radar growing up largely in River Heights.  The graduate of the Hebrew bilingual program at Sir William Osler School (which lately was transferred to Brock Corydon School) told Winnipeg Fee Press opera reviewer Holly Harris in an interview that appeared The Jewish Post & News in 2017 that her original career goal was to become a dentist.
She was introduced to musical theatre by her drama teacher at Grant Park High School, who encouraged her to audition for that year’s production of “All About Cats”.  To her surprise, she was cast in a lead role.
Despite this early introduction to the world of musical theatre, Robinson was still largely fixated on a career in the sciences.
In university, she pursued a four-year degree in microbiology at the University of Manitoba – and excelled.  Toward the end of her science program, she recounted to Holly Harris and, despite being awarded full academic scholarships and the prospect of her own prestigious research lab, Robinson realized that her true love was music. She changed course and auditioned for the University of Manitoba’s Faculty of Music.
She did earn her B.Sc. – but she also completed a music degree with a major in Classical Voice Performance and a minor in Composition.
“It was really neat,” she told Harris – about composing music for a string quartet.  “Hearing it performed was inspiring. I realized that, in music, there were endless possibilities.”
She furthered her musical education with studies in contemporary vocal styles through Boston’s Berklee College of Music. (Coincidentally, her husband, Josh Eskin, whom she met while both were teaching at a St. Boniface music school, studied guitar at that same institution.)
As a singer, Kelly Robinson has demonstrated a remarkable versatility. In addition to opera and musical theatre, she has done Gilbert and Sullivan – winning the Winnipeg Music Festival’s Gilbert and Sullivan Society Trophy in 2002, a tribute to her Zaida, Harold King. She has fond memories of him singing songs from Gilbert & Sullivan’s “Pirates of Penzance” to her when she was young.
Outside of music, Robinson enjoys crocheting, making jewelry, reading and spending time with Josh and their children – 15-year-old Juliet – also a Winnipeg Music Festival winner – and 11-year-old Dylan.
She is also the High Holy Day Choir Director at Congregation Etz Chayim.
After “Waitress”, Robinson reports, her next project will be serving as Music Director for Dry Cold’s production of “Dogfight,” scheduled for April. The musical – based on the 1991 film of the same name – revolves around another waitress and her encounter with three GIs about to be shipped out to Vietnam in the early days of the war – and the day before the assassination of President Kennedy.  
According to the blurb from the theatre company, “ ‘Dogfight’ deals frankly with serious and important subjects that are still relevant in our fractious times of political instability, cyber bullying & intolerance of others”.
It sounds like another winner from the local musical theatre company that focuses on premiering the latest new musicals.

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Beloved Chazan Sol Fink celebrates 100th birthday

Sol & Rachel Fink

By MYRON LOVE On December 24, Sol Fink, who both as shoichet and chazan served our community for many years, celebrated his 100thbirthday. In keeping with his low key approach to life, Fink commemorated the occasion only with those closest to him – his wife, Rachel, his children, grandchildren, and great-grandchildren, as well as his last remaining sibling, Ruth Zimmer.
Sol Fink is a man who is infused with a sense of gratitude for his long life, his family and Canada – his adopted home which welcomed him, his three sisters and his  parents after their experiences in the Holocaust. 
Perhaps the most remarkable thing about Fink and his sisters is that he is now the third of the siblings to have turned 100.  His older sisters, Sally Singer and Ann Novak, had previously passed the 100-year milestone – and Ruth is not far behind.
The four Fink siblings were the world’s oldest siblings to have survived the Holocaust.
The Fink family was among the lucky ones – although they wouldn’t have considered themselves “lucky” that day in 1940 when they, along with other Polish Jews who had moved to the Russian-controlled eastern half of Poland (as compared to those who were already living in the area) were forced by the Russians into rail cars and shipped off to Siberia. 
The Fink siblings. the children of Shaindel and Zecharia Fink, grew up in the town of Sanok in southeastern Poland, where Zecharia Fink worked as a kosher butcher.  In the early days of the Nazi invasion the family relocated across the San River to Shaindel’s parents’ home.  
Sol and his sisters did have a younger brother, Eli. Sadly, when the rest of the family wasa about to board the train, the little boy ran back to stay with his grandparents.  He perished in the Holocaust, along with 80 other members of the family.
Three years ago, Sol’s niece, Carol Sevitt, published a story in the Canadian Jewish News chronicling the siblings’ life’s journey.  A year later, Anne’s son, filmmaker Allan Novak, created a documentary which was shown at the Berney Theatre – among other venues in North America and Poland.
The family spent a year in a prison camp in Siberia.  After the Nazis attacked Russia the Fink family was freed, but had to remain in Siberia for the duration of the war.  After the war the family ended up in Germany.          `
“We had an aunt and uncle, Clara and Jack Linhart, who were living in Winnipeg and they brought us here,” Sol Fink says.

 That was in 1948.
Fink’s first job in Winnipeg was working for a construction company putting down hardwood flooring – an occupation suited to his ability to fix anything.  In Siberia, he had been a blacksmith.
What he remembers about this first job was sitting on the roof of the housing he happened to be working on, savouring  a big bun stuffed with perogies, which he would wash down with a quart of chocolate milk. He spent every second of that precious half hour enjoying the luscious foods he had been denied for six years in Siberia.
“We were always hungry in Siberia,” he recalls.  “To this day, I still love the taste of bread.”
After a short stint in construction, Fink took his handyman skills to work for Adelman Furniture (which later became Penthouse Furniture).  “I was doing repairs and servicing,” Fink remembers.  “I was given a company truck to drive and went all over the city.”  
In the mid-1950s, Fink went into business with his brother-in-law, Morris Singer.  They purchased a corner grocery called Lloyd’s on Sargent and Langside. Later, they operated a store on Inkster and McPhilips.  
It was while operating Lloyd’s Grocery that Sol Fink was introduced to the love of his life. “George Rubenfeld had come to work for us,” Fink recalls.  “One day, he tells me that his sister is arriving from France.  He said that she was beautiful and brilliant and wanted me to meet her. He invited me to Shabbat supper with the family.”
Fink was smitten with Rachel Rubenfeld.  After a short courtship, he proposed to her one evening at St. John’s Park.  She said that she couldn’t marry him because she had to look after her parents.  His response – “we will look after them together.”
He was true to his word. After his father-in-law passed away in 1971, his mother-in-law came to live with Sol and Rachel and spent the last 22 years of her life with them.
He was equally solicitous of his own parents.  
It was only after retiring in 1985 that Sol Fink began his second career as a chazan, Torah reader and shoichet. In an earlier interview with The Post, five years ago, Fink said that he became a chazan “out of necessity”. 
“The chazan at the Bnay Abraham Synagogue had just quit,” he recounted.  Rabbi Weizman and the president asked me if I could come to shul on Shabbats to help out.”
When, shortly after, they asked him to lead Yom Tov services, he remembers being unsure whether he could do it. “I went to ask my uncle, Moshe Langsan, his opinion.  He knew the niggunim.  He listened to my davening and encouraged me to take up the challenge.”
Rabbi Weizman also encouraged his new chazan to become the Torah reader for the Shul.
Around the same time, the community’s shoichet quit and moved to Toronto.  “My brother-in-law, Morris, suggested to the rabbi that I might be a suitable replacement,” Fink recalled.  “In the grocery store, we sold a lot of meat.”
 
Fink remembered being really disturbed by the scene at the slaughterhouse the first time that he went with Rabbi Weizman.   He wasn’t sure that he wanted to go back.
“Rabbi Weizman encouraged me to come back with him and help out,” he says. “After three or four days, I was used to it.”
Fink and his partner, the late Shlomo Benarroch, worked as the community’s shoichetim for 20 years – usually going out one day a week to the slaughterhouse in Carman– until the community stopped schechitah about 20 years ago.
After the Bnay Abraham merged with two other Conservative congregations (the Beth Israel and the Rosh Pina) in north Winnipeg in 2002, Fink moved to the Chavurat Tefila.  For a number of years, he led Yom Tov and Shabbat services and was one of the regular Torah readers on Shabbat at the small congregation.  About fourteen years ago, he and Rachel sold their north Winnipeg home and moved into a condo in south Winnipeg.  Despite living south, he continued to lead Yom Tov services at the Chavurat Tefila. (Over Yom Tov, he and Rachel used to stay with his sisters (whom he always called “the maidlach”) who lived nearby.
The last Yom Tov service that he led at the north end shul was just six years ago when – at the age of 93 – he had the pleasure of leading the services with his grandson, Avi Fink-Posen.
When leading services, Sol Fink always tried to daven with kavanah. “I was always aware that I was praying to Hashem for the congregation and the Jewish People as a whole,” he says. 

As a father and grandfather, if you ask Sol’s children or grandchildren their opinion of him, they will tell you that he is the most loving, positive, caring, honest and hard-working person they know. What you see is what you get.
 At the age of 100, Sol Fink is still hale and hearty and he and Rachel still look much younger than they are. Up until a couple of years ago, Fink was still swimming every day at the Rady JCC.  Fink looks at least 20 years younger than he is.  He and Rachel still keep fit exercising daily at home and Rachel makes sure they eat healthily. And he still puts on tefillin and davens every morning. 
As the saying goes – may they both live to 120!

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