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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.
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UNVEILING for the headstone of Velimir Kon (Sept. 18, 1950-June 27, 2025)
A true mensch and person of many talents and profoundness, Dr. Velimir (Shlomo) Kon is deeply missed and loved by his family and friends. Known for his warmth, kindness, integrity and love of learning and teaching, Velimir continues to inspire all who knew him and his memory warms our hearts and souls. Velimir is deeply missed.
You are invited to helps us remember and honour our beloved husband and father who passed away almost a year ago.
We, Branka, Deborah and Lea Kon, wish to inform our relatives and friends of the unveiling of a headstone dedicated to his loving memory on FRIDAY, JUNE 26, 2026 at 11:00am at the HEBREW SICK CEMETERY (2605 McPhillips Street) followed by lunch at the Chabad Lubavitch of Winnipeg – Jewish Learning Centre (1845 Mathers Avenue). Please come say a l’chaim in his honour.
In Memoriam
1st Yahrzeit
In loving memory of Dr. Velimir (Shlomo) Kon who passed away June 27, 2025, 12 Days in Tammuz.
⁃ Forever and deeply loved and missed by his wife of over 50 years, Branka, and daughters Deborah and Lea Kon. Velimir brought joy to our lives with his boundless kindness and gentleness, irrepressible humour, great intellect and love of people, tikun olam and Judaism. Not a day goes by that we do not mention Velimir and feel his presence with us. Our lives are not the same without him and we deeply miss and cherish him. We can never forget his presence that was larger than life, yet also his humility and thoughtfulness. A gentleman to the very core, Velimir was respected as a scientist, academic, professor, researcher, and later as a teacher and mentor. He always endeavoured to make every place he worked and live at better and was able to bridge many cultures. He was Abraham of his generation and made many personal sacrifices; giving up status, position and privilege in order for his family to have a better and peaceful future. May his memory always be a blessing. He left us at only 74 years young and we wish we had had more time together. Indeed, to know him was to love him.
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Younger Jewish talents continue to shine in their respective categories at annual Winnipeg Music Festival
By MYRON LOVE A number of younger members of our community were repeat stars at the most recent (108th annual) Winnipeg Music Festival – which takes place annually in March. Among the repeat Jewish singers and musicians in the ranks of high achievers this year were” Yale Rayburn-Vander Hout, Gregory Hyman, Alex Schaeffer, Juliet Eskin, Noah Kravetsky, and Lyla Chisick.
Vocalist Yale Rayburn-Vander Hout, the oldest of this year’s group of Jewish repeat winners, was competing in his fifth straight festival, where he continued to build on his accomplishments in previous festivals. This year, the 20-year-old son of Samantha and Peter finished first in two musical theatre categories – songs from musical theatre productions between 1965 and 1999, and shows from the past 26 years. Yale sang “I’m Allergic to Cats,” from the 2016 musical “The Theory of Relativity,” and “Suppertime,” from the 1967 musical, “You’re a Good man, Charlie Brown.”
The former Gray Academy student is currently enrolled at the University of Manitoba’s Desautels Faculty of Music in the Choral program. Yale says that he is hoping to get into the performance track in the fall with the goal of earning a degree in Classical Voice Performance en route to pursuing a career in musical theatre.
As reported previously, Gregory Hyman is a multi-faceted artist who can do it all. The 18-year-old son of Hartley and Rishona Hyman is a singer/songwriter/musician (guitar) who records and performs under the stage name, GMH. His versatility shone through once again in his eighth Music Festival, in which he registered first-place finishes for vocal performances in both “Popular and Contemporary Music” and “TV and Movie Music “categories.
Gregory notes that he was also recommended to compete in the provincial finals in June. The St. John’s-Ravenscourt student (and soon-to be) graduate continues to be busy on stage. In January, he headlined a sold out solo show at Sidestage on Osborne featuring some of his new material. In March, he released an album of his newest songs. Readers can check out his latest compositions on any of the music streaming platforms as well as his own social media (thegmh) on Instagram.
Gregory also continues to host his own podcast: “Talk and Rock with GMH – now in its fifth season – in which he interviews various people in the music business across Canada.
While Gregory says that a musical career is his “dream,” he reports that he is hedging his bets and considering different potential career opportunities. Come September, he will be enrolled at the University of Manitoba in a University One program, which will allow him to select from a variety of courses that can count toward a degree.
Sixteen-year-old Alex Schaeffer won first place this year in the “Musicals Prior to 1965, 16 Years and Under” category with “Try Me” from “She Loves Me,” and was runner-up in the “Musicals 1965 to 1999, 16 Years and Under” category with “On My Own,” from “Les Misérables.” For the son of Marc Schaeffer and Kae Sasaki, this was his fifth year competing in the festival.
The Grant Park High School student made his big stage debut three years ago as Kurt von Trapp in “The Sound of Music,” followed by playing Michael Hobbs in “Elf the Musical” this past winter at the Royal MTC.
Alex recently performed in Grant Park High School’s production of “Something Rotten!” This summer Schaeffer can be seen again at the Winnipeg Fringe Festival, where he will be appearing in a production staged by Rem Lezar Theatre.
Rounding out the voice winners is Lyla Chisick. The daughter of Daniel and Baillee was competing in her second music festival. This year, she scored Gold performances in the “Vocal Solo,” “Manitoba Composers,” and “TV/Movie Musical, 12 and under” categories.
Lyla reports that she began taking voice lessons from Jessica Kos-Whicher three years ago. She says she regularly takes part in the Shaarey Zedek Synagogue Family Service and has sung at several community events. Lyla adds that she is already looking forward to next year’s music festival.
Nate Kravetsky and Juliet Eskin competed in the festival as musicians rather than singers. Juliet, 16, plays the viola, and is also is the violist in the Assiniboine String Quartet. In this, her fifth go-round at the festival, Juliet, the daughter of the musically talented Kelly Robinon and Josh Eskin, had first place finishes in the “Viola Solo, level 8,” “Baroque or Classical Concerto,” and “Romantic Composers” categories.
Juliet originally took up the violin – adding the viola a couple of years after. She also just finished performing in the Grant Park High School production of “Something Rotten!”
Nate Kravetsky is currently in Grade 5 level piano. He studies with Erica Schultz and has been taking lessons from her since age 5.
Nate competed in three categories at the Winnipeg music festival: “Baroque,” “Sonata,” and “Contemporary/own choice.”
His own choice selection was the theme from his favourite video game, “Hollow Knight.”
Nate, who is in Grade 7 at Gray Academy, is also preoccupied preparing for his upcoming bar mitzvah.
We look forward to the continued musical success off Yale, Gregory, Alex, Nate, Juliet and Lyla, and what new talent may be unveiled at next year’s Winnipeg Music festival.
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Jewish Heritage Centre of Western Canada’s Archivist and Curator Stan Carbone retires
By MYRON LOVE Stan Carbone, a long-time friend of our Jewish community and fixture at the Jewish Heritage Centre of Western Canada (JHCWC) for the past 25 years, retired last week. His last day of work was May 13.
Most recently, he was the JHCWC’s Director of Programs and Exhibits.
“For the past 25 years, the Jewish Heritage Centre of Western Canada has been an integral part of my life,” Carbone said. “I have made a lot of friends in the Jewish community, and I hope to maintain those friendships.”
Carbone’s own history reflects the immigrant experience. He arrived in Canada in 1960 as a three-year-old with his mother and sister, from San Giovanni in Fiore, Calabria in southern Italy. His father had come a few months earlier. Initially, the family settled in Fort Rouge which, at that time, had a substantial Italian community. Within a couple of years, they had relocated to East Kildonan to be closer to where his father’s two sisters and their families lived.
He earned a BA Double Honours in History and Political Studies at the University of Winnipeg, followed by an MA in History at the University of Manitoba, from where he graduated in 1981.
In 1993, he was hired at the Manitoba Museum of Man and Nature (as it was then called) as Curator of Multicultural Studies.
“I always enjoyed doing research,” he said.
His first project for the JHCWC came in 2000, the year after the organization was formed through the amalgamation of the Jewish Historical Society, the Ed and Marion Vickar Jewish Museum of Western Canada and the Freeman Family Foundation Holocaust Education Centre.
Marim Zipursky had approached the Manitoba Museum of Man and Nature looking for a curator to organize a JHCWC exhibit featuring Jewish music and musicians in Winnipeg,” Carbone recalled. “I didn’t know much about Jewish music and musicians, but I was familiar with the Jewish Historical Society – which preceded the JHCWC. I was really impressed by its extensive archives, and I was intrigued by the Jewish community’s history and the wide range of subject materials in the archives.”
The next year, when a position opened at the JHCWC, Carbone applied.
“I have been here ever since,” he said.
Over the past quarter century, Carbone has been involved in bringing to fruition several interesting exhibits. He mentions the synagogues display, a history of the YMHA, and the current exhibit highlighting the important role of women’s organizations. The exhibit that was closest to his heart though was “A Stitch in Time,” a look at how Jews contributed to the development of the garment trade in Winnipeg. Both of his parents worked in the garment industry.
The exhibits though are just one facet of the JHCWC’s focus, Carbone noted. He mentioned how the organization contributed to the publication of Allan Levine’s “Coming of Age: A History of the Jewish People of Manitoba.”
There have also been several compilations over the years of talks that the JHCWC has organized. These are known as the “Jewish Life and Times,” consisting to date of ten volumes.
Carbone further pointed out the organization’s commitment to Holocaust education and the numerous initiatives that have brought that subject to greater public attention.
The organization’s genealogical component, he reported, draws numerous queries from people all over the world.
One particularly interesting project that Carbone spoke about is an ongoing cooperative partnership with Gray Academy. For the past 10 years, the JHCWC has been loaning photos from the archives to the school’s art program, allowing the students to make drawings based on the photos.
“It has been a wonderful program which has given the students a better understanding of local Jewish history,” he said.
“During my time here, we have worked with numerous Jewish and non-Jewish organizations,” Carbone added. “It helps to build bridges between the Jewish and other communities.”
In retirement, Carbone is looking forward to doing more travelling with Anna, his wife of 40 years. They were scheduled to leave for southern Italy on May 16.
He will also continue to be busy in his role as Italy’s vice-consul here, helping fellow Italians and others in Winnipeg.
And he is excited about having more time to spend on his own genealogical and historical research. He has already published two books: “Italians in Winnipeg: an Illustrated History,” and “The Streets Were Not Paved With Gold: A Social History of Italians in Winnipeg”.
A future project which he is seriously considering is a study of the history of Jewish life in Calabria.
He is also working on a family tree.
“I may be retired,” he said, “but I will still be available from time to time to help out if needed.”