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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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New Hillel Winnipeg director Lindsay Kerr happy to be home again

By MYRON LOVE Lindsay Kerr, the newly-appointed Hillel Winnipeg director says that – after having experienced Jewish life on both the east and west coasts – she is happy to be back in the community in which she was born and raised – although, she concedes, it feels a little strange not having her parents in Winnipeg any more.
Kerr is the daughter of Jeff and Joyce Kerr.  Joyce was a long time teacher and administrator at Gray Academy.  In the summer of 2023, she and Jeff moved back to Calgary where she took up her new role  as principal and head of school at the Calgary Jewish Academy – where she herself went to school.
Lindsay Kerr is a Gray Academy graduate and was also a BB Camp “lifer” – having spent 15 summers there – the first eight as a camper and seven more as counsellor.  She was also a BBYO member in her teen years. 
Lindsay left Winnipeg originally in 2017 to go to work for BBYO Passport Travel Experiences – a summer program open to Jewish teens that takes small groups to visit Jewish communities in other countries and combines touring with some community service.  Over a period of five summers I(2015-2019), Kerr led groups on trips lasting from ten days to six weeks, to Israel, England and France, South Africa and different places in the United States and South America. 
Before she began her work with BBYO Passport, Lindsay completed a  degree in Education at the University of Winnipeg. On her return home in 2017, she quickly realized that teaching was not for her.  “I found that I preferred community work,” she says.
“I had originally applied for a job as a Hillel director in Ontario,” she recounts. “While that didn’t work out, I was offered a job as Hillel director in Halifax.”  
She arrived in her new posting in2017.  While Lindsay was based in the Nova Scotia capital, she was also responsible for organizing Hillel activities in New Brunswick and Newfoundland.
Halifax has a Jewish population of about 2,000, she reports, with much smaller Jewish communities in Fredericton – New Brunswick’s capital – and St. John’s.  The Jewish university student population in Halifax, she estimates, was between 200 and 300 – with between 40 and 60 active in Hillel.
“It was a nice mix of local students and students from away,” Lindsay notes.
While Kerr says that she did enjoy living in Halifax – and that she had the opportunity to see much of the Maritimes – it was too far from home. Thus, after three years, she left Halifax for the position of Director of Student Life at UBC Hillel  in Vancouver.
Vancouver’s Jewish population is between 35,000 and 40,000.  While the bulk of Jewish university students on the west coast attend UBC, she points out, her duties also included representing Hillel at the other post-secondary institutions in the Vancouver area as well as the University of Victoria on Vancouver Island.  Lindsay estimates that there are perhaps 800 Jewish students enrolled at UBC and roughly 200 at the University of Victoria.
Lindsay’s timing, however, was not the best though.  “Two week after I arrived,” she recalls, “we were shut down by the Covid lockdown.
“I came to really appreciate the weather on the West Coast.  Despite the restrictions, we were able to have outdoor programs – and we organized a number of programs online.  We were able, for example, to share Shabbat dinners on Zoom. We delivered Shabbat meals to participating students beforehand.”
After three years with Hillel in Vancouver, Lindsay found that she longed to come back to Winnipeg.  She returned about a year ago, she notes, and subbed at Gray Academy last year.
“I am seeing a lot of interest in Hillel here,” she says.  “Jewish students know that it’s a place where they can feel safe.  Hillel’s role on Winnipeg campuses in these times is increasingly related to advocacy while continuing to build community through social and cultural programming as well.”
Lindsay reports that her first program this year as Hillel director was a barbecue on September 22 at Assiniboine Park.  “We played some games,” she says. “We had kosher hot dogs.  We had about 30 students participating.”   
She looks forward to the continued growth of Hillel’s presence on campus, at both the University of Manitoba and University of Winnipeg, in addition to ensuring students at Red River College know they are part of Hillel Winnipeg as well. 

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Award winning architect Ed Calnitsky adds Theology degree to resumé

By MYRON LOVE Ed Calnitsky has recently added a notable entry to his resumé. At an age when most individuals—myself excluded—are contemplating retirement, the accomplished architect chose to return part-time to university and pursue studies in theology. About a year ago, he graduated from the University of Winnipeg with a Master of Arts in Theology and was honored with the Gawthrop Prize for achieving the highest grade point average in Theology at the University’s United Centre for Theological Studies.
Calnitsky, a graduate of the former Joseph Wolinsky Collegiate, is only one of a select few of our Jewish community to earn an MA in Theology from the University of Winnipeg.
Calnitsky has been an architect for more than 30 years, and we have been friends since high school. In the fall of 1971, the two of us—along with a mutual friend—embarked on a trip to Europe. In London, our first stop, he secured a position with a British architectural firm, where he worked for three months. Afterwards, he traveled to Israel, where an opportunity arose to work for a leading architectural firm in Caracas, Venezuela. Calnitsky spent the subsequent summer working in Caracas for that company. “Working for architectural firms in both London, England and Caracas gave me the opportunity to understand how architecture is practiced in different countries,” he recalls.
Upon returning to Canada, he was hired to teach design at Fanshawe College in London, Ontario. After three years, he returned to Winnipeg, where he met Linda, his future wife, and decided to return to university to earn a degree in architecture.
In 1986, he established Calnitsky Associates Architects Inc., a multidisciplinary architectural and interior design firm, focusing on commercial and institutional projects across Canada and in the United States.
Some of Calnitsky’s most prestigious projects have included the Canadian Embassy Reconfiguration in Kyiv, Ukraine and the Canadian High Commissioner’s Residence and CIDA Offices in Bridgetown, Barbados. Other notable projects include the new Gillam Town Centre with PSA Studio Inc. – which received a Canadian Architect Award; the Manitoba Law Courts Building renovation involving the restoration of all courtrooms and judge’s chambers; and a major retrofit and upgrade to Assiniboine Park Pavilion in Winnipeg.
Notably, Calnitsky was also the architect for the new Congregation Etz Chayim Synagogue on Wilkes Avenue. Working together with lead architect Carlos Schor and interior designers Bernice Chorney and Frances Winograd, they converted the former Khartum Shriners Temple into a beautifully functioning synagogue. Calnitsky notes that “I’ve never been a solo practitioner, I’ve always sought out a group. Designing the new Etz Chayim Synagogue epitomizes this approach.”
Among his clients are an increasing number of church groups, and in this regard, Calnitsky was recently invited by Ruth Ashrafi to speak to this aspect of his practice in a presentation to Winnipeg’s Catholic-Jewish Dialogue Group. The presentation was appropriately titled “Lessons from a Jewish Architect Designing Churches.”
“I designed my first church about 20 years ago for a Christian Reformed Church congregation in Northwestern Ontario,” Calnitsky recalls. “I had to design it from scratch and knew virtually nothing about Christianity or Church architecture.”
Determined to educate himself, he began researching these subjects and found his interest deepening. “I gained valuable insights into the relationship of Christian theology and church architecture. Church architecture is a reflection of Christian theology, and its understanding is integral to the design.”
Currently, Calnitsky is working on churches in Winnipeg for Coptic Christian, Ethiopian, Nigerian, and Eritrean congregations—the latter involving renovations to the former Rosh Pina/Congregation Etz Chayim building on Matheson Avenue.
What surprised him most, Calnitsky notes, is the significant influence of Judaism on Christian theology, as well as the historical animosity that Christianity has often held towards Judaism. He points to an example of this hostility in the placement of stained glass windows within churches. As worship is oriented east to the altar, stained glass windows are typically located in the north and south walls, with the south walls receiving more sunlight and therefore, appearing brighter. Consequently, scenes from the Hebrew Bible are often depicted in the windows of the darker north wall, while the New Testament windows bask in sunlight.
“While the Romans violently suppressed the Jewish rebellion in 70 AD, they largely tolerated Jews throughout the rest of the empire,” Calnitsky observes. “It was only after Roman Emperor Constantine adopted Christianity as the official religion of the Roman empire that widespread demonization of Judaism began.”
Calnitsky notes that “for centuries, Christian scholars and theologians perpetuated a distorted view of Judaism as a legalistic religion of “works-righteousness” filled with empty rituals and practices that earned one salvation through a merit-based approach. Christianity, in stark contrast to Judaism, was portrayed as a moral, universalistic religion of grace, love, and forgiveness. Generation after generation, Christian teaching of contempt towards Jews characterized Judaism as the perfect dark background against which Christianity could shine all the more brilliantly.”
He notes that it was only after the Holocaust that Christian theologians began to reconsider their views about Jews and Judaism. Pope John XXIII and the Vatican Council in 1963 began shifting Catholic attitudes towards Jews. However, the true turning point occurred in 1977 with the publication of Paul and Palestinian Judaism by New Testament scholar E.P. Sanders. Calnitsky highlights how Sanders’ research into Jewish scriptures debunked the long-standing misrepresentations of Jews and Judaism by Christians, often without ever engaging with Jewish perspectives.
His own master’s thesis examined Pauline scholarship and Jewish-Christian dialogue, emphasizing the need to read the Apostle Paul within a Jewish context. “Paul did not convert to Christianity, nor was he anti-Jewish,” Calnitsky asserts. “He understood his calling to be turning pagans from their own gods to the god of Israel through Christ; he didn’t believe the Jews needed saving.”
Recently, Calnitsky was invited to present a paper on the Apostle Paul at the annual conference of the Canadian Society of Biblical Studies at McGill University. His paper, entitled “The Architecture of the Apostle: Reconstructing Paul,” affirms the position that Paul was not a Christian, and should be understood within the framework of Judaism. Paul had no issues with Jews and Judaism, and his gospel was about messianic salvation for Gentiles and pagans, leaving the Jewish covenant with God intact, with no supersession of Judaism by Christianity and no end of days conversion to Christ.
Despite this evolving attitude among Christian theologians and scholars towards Jews and Judaism, Calnitsky remains cautious, expressing skepticism about whether the persistent scourge of anti-Semitism will ever fully dissipate.
As for architecture, Calnitsky has not lost his love or enthusiasm for his work, stating that “I believe that you should never stop doing what you love.”
 
 

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Lorne Bellan, Winnipeg’s first oculoplastic surgeon, looks back on nearly 35 year-career

By MYRON LOVE Ophthalmologist Dr.  Lorne Bellan, Winnipeg’s first oculoplastic surgeon  has retired.  He stepped down at the end of June after a career spanning almost 35 years.
“One issue was that I was finding the physical aspects of my work becoming increasingly difficult,” he says.  “It was particularly hard on my neck and shoulders.
‘I also felt that it was time for me to make way for new people.”
Lorne Bellan is the son of the late Ruben Bellan, a greatly respected economist and University of Manitoba professor, and his equally accomplished wife, Ruth.   The future ophthalmologist grew up in River Heights.  He attended Ramah in his early years and, later, River Heights School and Grant Park.
“I did my Grade 12 year in England,” he recalls.  “My dad was on a sabbatical year  in England.”
In university (at the U of M), his interests were in Math and Science.  “I wasn’t sure what I wanted to do after graduation,” he notes.  “Some of my friends encouraged me to consider medicine.”
Berllan graduated from UBC with a specialty in oculoplastic surgery and, in 1991, joined the staff of the Health Sciences Centre as Winnipeg’s first oculoplastic surgeon.
He relocated to the Misericordia Eye Centre in 1994 when all surgical eye care in the city was consolidated there.  
“Basically, an oculoplastic surgeon deals with all structures pertaining to the eyelids and orbit,” Bellan explains -“conditions such as tearing issues, droopy eyelids, traumatic injuries and cancers.”
He shared an anecdote about one case that stood out.  “I had a patient who was deaf and mute,” he recounts.  “He communicated by writing. But his cataracts were so bad that he had to use crayons and his letters were really big.  After the surgery, when he returned to see me, he was using a fine pen and much smaller print.”
Bellan was not only a surgeon but also an educator  and leader in his field. He taught in the Maxwell Rady School of Medicine’s Ophthalmology Department for 33 years. In 2001 he became Department Head and served as the chair for 20 years. He was the driving force in establishing the Ophthalmology Residency Program in Manitoba. He also created and ran the undergraduate teaching curriculum. 
Bellan was recognized nationally for his research interests in Ophthalmology health human resources and wait times and was a leader in promoting ergonomics for ophthalmologists.
At the national level, he has served with the Canadian Ophthalmological Society (COS)  in numerous capacities over the years. He chaired the Council on Provincial Affairs and the COS Clinical Practice Guideline for Cataract Surgery committee. Bellan was the COS representative to the Wait Time Alliance where he was elected by the 14 medical societies to be chair and spokesperson. He served on the COS Board of Directors for 9 years and was the COS President in 2009-11. During his term he commissioned the first guideline for ethical charging for uninsured ophthalmic services. 
For the past six years, Bellan has been the chair of the Royal College Ophthalmology Specialty Committee and has served on that committee for over 20 years. He notes that he will be stepping down from that position at the next AGFM in June, 2025.
Last year, the COS recognized Bellan with its Lifetime Achievement award.
In retirement,  Bellan is looking forward to spending time reading, exercising and spending winters  in the south. For now, Bellan and his wife of 43 years, Dr. Bonnie Cham, are busy packing up their house for the move to their new condo.
Bonnie, he notes, was a pediatric oncologist who was also chair of the Canadian Association of Medical Ethics.  She retired a few years ago.
Bellan is proud to report that – as is often the case in families – two of the couple’s three sons have gone into the “family business”.   Eldest son, David, is an ER doctor in Vancouver while second son, Gary, is a family doctor at the St. Boniface clinic.  Youngest son, Jonathan, has chosen to pursue a career in engineering.
Lorne Bellan does have one regret. It is that the young doctor from England who was supposed to replace him bowed out two weeks before he was scheduled to arrive.
“There are efforts underway to recruit another oculoplastic surgeon,” he reports.  “There is an Israeli doctor in training whom we hope will be coming here soon.”

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