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JNF Canada loses appeal to retain charitable status—days before a deadline to disburse remaining assets
By ELLEN BESSNER (Canadian Jewish News) November 10, 2024 Jewish National Fund of Canada has lost its first major legal battle to stop the tax department’s revocation of its charitable status, which came into effect three months ago.
Late in the afternoon of Friday, Nov. 8, a Federal Court judge dismissed JNF Canada’s application for a judicial review—and the judge also dismissed a request for an injunction to force the Canada Revenue Agency (CRA) to remove the official revocation notice that was printed in the Canada Gazette on Aug. 10.
Printing that notice triggered a series of steps JNF Canada was ordered to take under the Income Tax Act rules regarding revoked charities.
Firstly, it could no longer issue tax receipts for charitable donations made by Canadian supporters to fund a portfolio of social service projects in Israel.
Secondly, it was also required to wind down operations that date back to 1967—during which time the charity fundraised in Canada to support tree planting and other work in Israel. The CRA gives revoked charities the option of trying to disperse its remaining assets (JNF Canada’s asserts were stated as about $31 million in 2023) by giving them to another approved charity.
JNF Canada was also instructed to file a special form and remit a cheque to the tax department to pay what is known as a revocation tax. This amount is 100 percent of its remaining holdings after calculating the fair market value of the assets and money the charity had left, once all debts are paid. (The amount could be further reduced should the assets be legally given to a qualified donee.)
The deadline for that tax payment is Nov. 13, according to a letter the CRA sent to the now-former charity in mid-August.
The judge’s ruling came 24 hours after JNF Canada lawyers argued their case via video conference on Nov. 7, alongside lawyers for the Department of Justice, representing the Minister of National Revenue.
JNF Canada asked for a motion to reverse the publication of the Aug. 10 notice, which would save the organization from forced closure.
In her 17-page written decision, Justice Allyson Whyte Nowak explained why she dismissed the appeal. She ruled that her court was the wrong place for the charity to try to seek relief, because the Income Tax Act specifically designated the Federal Court of Appeal as the correct venue for such cases. Earlier court cases have established this fact, she wrote.
Justice Whyte Nowak did acknowledge that JNF Canada’s lawyers are raising a “novel issue,” but said it must be left up to the Federal Court of Appeal—or even Parliament—to correct any gaps in the inner workings of the CRA’s revocation process.
The day before the judge’s decision was released, JNF Canada issued a statement about how it will “never stop fighting for our community and our mission.”
“We stood our ground, and our lawyer made a compelling case in our defense [sic], arguing for procedural fairness, legitimate expectations, and the rule of law,” JNF Canada CEO Lance Davis and the revoked charity’s president Nathan Disenhouse announced together on Nov. 7.
JNF Canada has not commented publicly since learning it had lost this legal appeal. A video conference briefing for supporters has been scheduled for 8 p.m. tonight (Nov. 10), in the evening when JNF Canada’s annual Negev Dinner gala for supporters had been scheduled in Toronto, before its cancellation.
Rally for Humanity, a Sunday afternoon event at Nathan Phillips Square in downtown Toronto—which will feature speakers from Muslim, Hindu, Christian and Catholic organizations in alliance with 13 different Jewish community groups—also lists JNF Canada as a sponsor.
‘Nearly impossible to resurrect the charity’: CFO
JNF Canada’s chief financial officer Edit Rosenstein, in an affidavit submitted to the court on Oct. 30, outlined the impact of the Aug. 10 revocation.
“As we will not have the necessary funds, a total of 31 charitable projects will need to be stopped, which will have a huge impact on the vulnerable populations we serve.”
The affidavit claimed 48 employees would be terminated, with JNF Canada obliged to make severance payments. Four contractors will have their contracts terminated, with JNF Canada liable for the breaches. And other vendor contracts will also be terminated “resulting in penalties to JNF and exposure to further claims for breach of contract,” explained Rosenstein.
“If JNF is forced to shut down, I believe it will be nearly impossible to resurrect the organization, even if it is successful in its appeal before the Federal Court of Appeal,” Rosenstein’s affidavit said.
A separate court document from JNF Canada’s legal team added another consequence should the Federal Court not reverse the CRA’s revocation. The court was told it will result in further irreparable harm such as “the Applicant losing its chance to salvage its reputation.”
CRA explains the revocation and next steps
The CRA told The CJN on Friday it does not normally comment on specific court cases involving taxpayers, due to confidentiality clauses in the Income Tax Act. However, an email from spokesperson Nina Ioussoupova clarified why revoked charities must pay a revocation tax.
“The purpose of this tax is to ensure that charitable property is applied to charitable use,” she said, adding that the remaining assets include all income and gifts made to a revoked charity during its wind-down period.
In the JNF Canada case, the CEO Lance Davis told The CJN in an earlier interview in August that the charity continued to receive donations from supporters after the revocation, even though tax receipts could not be issued.
Two months ago, JNF Canada launched a public relations effort to lobby Prime Minister Justin Trudeau and national revenue minister Marie Claude-Bibeau to intervene on the file and reverse the revocation. Supporters were asked to donate money that would go to plant trees in areas of northern Israel where Hezbollah rocket attacks have burned forests.
The revoked charity vowed to send thank-you cards to the two federal politicians, which would advise them of trees being planted in their names—and also urging them to support JNF Canada’s cause.
How did JNF Canada end up here?
July 2024 brought the first public word from JNF Canada of its decade-long dispute with the tax agency. JNF Canada announced that it had been “blindsided” by the CRA decision it would be moving to shut the charity down, after a confidential 2014 CRA audit painted a harsh picture of its non-compliance with tax rules. JNF Canada vowed to fight any revocation through the courts, and immediately filed an appeal July 24, to the Federal Court of Appeal. A parallel appeal was filed to the Federal Court soon after.
The agency’s findings in the audit ranged from where the charity’s books and records had been kept in 2011 and 2012 (mostly in Israel, which was a no-no), to what language the paperwork and receipts were kept in (mostly in Hebrew, which is not illegal but makes work difficult for auditors), to the conclusion that JNF Canada’s founding charitable purposes of relieving poverty in Israel by paying the salaries of indigent labourers, were not being met.
Another major issue was that because of missing paperwork and superficial oversight on the ground in Israel, it was felt the Montreal-based JNF Canada hadn’t been in control of or directing its own operations overseas. CRA believed the charity was acting merely as a funnel of money to the Jerusalem-based agency, the Jewish National Fund/Keren Kayemeth LeIsrael, which ran the projects.
A further red flag for auditors were several projects in 2011 and 2012 that benefited the Israel Defence Forces, such as construction of buildings and green areas on IDF military bases. Registered charities are not permitted to support a foreign military financially, under Canadian laws. Some other projects were located in the West Bank and on other disputed land, the CRA found, something which Canada’s foreign policy frowns on.
JNF Canada disagreed with the CRA’s view of that last category—and still does. But in 2019, the charity assured the public that it had stopped funding both kinds of projects after 2016, in order to comply with CRA requirements in good faith.
The CRA officially informed the charity in August 2019 that it still wasn’t satisfied with JNF Canada’s efforts to come into compliance, and intended to revoke its charitable status.
Three months later, in November 2019, JNF Canada filed an objection with the CRA’s in-house appeals branch. That move put the revocation process on hold until the objection was reviewed.
The review by the agency’s appeal team took about four years.
In documents submitted to the Federal Court as part of the latest hearing, the CRA acknowledged the lengthy time it took. However, it blames the delay partly on “disruptions” caused by the COVID-19 pandemic, when in person meetings were cancelled, and when many federal workers switched to remote offices and worked from home. But the CRA also contends it was JNF Canada’s fault the review was held up when the charity filed an Access to Information request seeking confidential CRA documents about this dispute, which caused more delays.
The CRA finished its review of JNF Canada’s objection in 2023, and told the charity it still was planning to proceed with revocation of its charitable status due to the “repeated and serious non-compliance” with the Income Tax Act.
The now-revoked charity has publicly slammed the tax agency for repeatedly refusing to meet with them during the process to discuss concrete suggestions for improving things, such as adopting a new, acceptable charitable purpose. JNF’s Canada’s CEO Lance Davis told The CJN Daily this August that his team has made many internal changes in recent years to come into compliance, and as a result were now “running a tight ship.”
On June 26, 2024, the charity received a further confirmation letter of the CRA’s 2019 Notice of Intent to Revoke.
JNF Canada decried the decision, blamed the department for being procedurally unfair, even biased, and accused tax officials of caving in to anti-Israel activist groups—such as Independent Jewish Voices—which have long been pressuring the government to shut pro-Israel charities such as JNF Canada down. JNF Canada officials have since pointed to internal CRA documents it obtained showing a 2017 meeting between anti-Israel activists and a senior director with the revenue agency.
Procedural fairness disputed by JNF Canada lawyers
JNF Canada lawyers Adam Aptowitzer and Elizbeth Egberts of KPMG told the court this past Thursday that the CRA had given JNF Canada written assurances—dating back as far back as 2019—it would not pull the trigger by having the revocation notice published yet in the Canada Gazette.
Aptowitzer argued this assurance included a promise the CRA would wait until any objections or court appeals were dealt with. He told the court there was a long-standing internal CRA policy that gave audited charities as long as 90 days after the revocation notice was sent out to file an appeal in the Federal Court of Appeal before publication of the revocation.
Aptowitzer told the court that JNF Canada felt the 90-day policy used in 2019 was actually a “commitment” that “had created a legitimate expectation” of how things were going to be handled in 2024.
The lawyers submitted copies of an internal CRA briefing note from May 2024 stating no publication of the revocation notice would happen if JNF managed to submit its appeal in time to the Federal Court of Appeal, which it did on July 24, 2024.
Nevertheless, the CRA went ahead and had the revocation notice published on Aug. 10, which was 30 days after that final confirmation letter was sent out.
JNF Canada also felt it should have been clearly informed that CRA 2019 policy had been changed, since had it been informed about the shorter deadline, the charity would likely have gone much earlier to the Federal Court of Appeal to try to block the publication, before it was too late.
For its part, CRA lawyer Linsey Rains told the court JNF Canada should have been smart enough to figure out the previous, 90-day timeline process wasn’t guaranteed any longer.
“[JNF Canada] is a sophisticated organization and there is sophisticated counsel as well,” Rains said Thursday.
She reminded the judge that under the tax code, the CRA doesn’t have to wait for the final outcome of legal appeals to be exhausted through the courts, and the CRA can publish a revocation in the Canada Gazette after 30 days, as was the case here.
Lawyers for the government argued the tax department was acting to protect the tax base, and wasn’t required to give JNF Canada its own personal treatment and notice.
“Counsel… was told that [the 90-day waiting period in place back in 2019] assurance wasn’t necessarily guaranteed this time around,” said Rains. “The policy changed and it can change and the reason it changed is… the Minister’s statutory duty to publish the revocation.”
While the 90-day policy was followed for many revocation cases before and since 2019-2020, the court heard that, in the last few years, the agency has moved to the much speedier revocation: 30 days.
Moves made to protect taxpayers: CRA
“The CRA now has a risk-based approach towards compliance in the charitable sector,” according to senior CRA official Melissa Shaughnessy in a written affidavit submitted to the court in advance of the hearing.
She said it will cost the Canadian government $4.6 billion in 2024 to give tax deductions to people and corporations who donate money to charities. So, the CRA wants to make sure the charitable sector operates according to the law. That is why it moved more quickly on the JNF Canada case.
“The decision to proceed with revocation now, despite the Organization’s appeal with the Federal Court of Appeal, is to stop the continued flow of tax-receipted donations going overseas to fund the non-charitable activities of a non-charitable third party,” Shaughnessy wrote, referring to the JNF’s partner in Israel.
“The Organization has publicly stated that it will continue receipting donations and distributing funds. Awaiting the conclusion of the legal appeal process could take over a year which would enable the Organization to continue to send millions of dollars in tax-receipted donations to fund foreign non-charitable programs were it not revoked.”
While the CRA acknowledged it had received assurances from JNF Canada that funds were not being used in IDF projects or the West Bank since 2016, the tax agency pointed out the charity didn’t furnish proof to back up this promise.
‘Irreparable harm’ due to revocation
As part of its case claiming irreparable harm from revocation, JNF Canada argued in court that Israeli children with cancer are being jeopardized by the CRA’s revocation. Aptowitzer, one of the JNF Canada lawyers, said the organization promised to help fund the renovation of a building on the grounds of Sheba Medical Centre’s Tel ha-Shomer site near Tel Aviv, where families of young cancer patients are housed while their kids are undergoing lengthy oncology treatments.
The facility is operated by the Israel-based Rachashei Lev charity. Since 2007, the building has offered 20 apartments to temporarily house the families. Aptowizer told the court JNF Canada made an obligation to fund this renovation project.
“The facility is currently turning away sick children,” he said, and the court was told an estimated ten patients have had to be turned away to date, due to the renovations underway. “There is harm to unknown people yet to be diagnosed.”JNF Canada committed $292,500 to fund the renovations, according to the affidavit submitted by CFO Edit Rosenstein.
According to the JNF Canada’s website, the reason the children’s house is being renovated is because since Oct. 7, 2023, the hospital has now commandeered the 20 apartments also to accommodate an influx of Israeli survivors’ families, including next of kin of severely wounded Israeli soldiers who were injured in battle.
“With the increased demand from families of wounded soldiers, they need to quickly renovate and split the current apartments into two thereby doubling the number of families served for a total of 40 apartments,” explains JNF Canada on its website. “Each suite will consist of a bedroom, a kitchenette, private bathroom and a balcony. Renovations include new flooring, electrical, paint, plumbing, replacement of doors and installation of more countertops and sinks.”
JNF Canada’s website adds that donations are required before the Canadian project can send money.
Donations almost completely stopped: CFO
In her affidavit, Rosenstein revealed that after her charity’s status was revoked in August this year, JNF hasn’t been receiving the expected flow of donations.
“As a result, donations to JNF [Canada] have almost completely stopped,” Rosenstein said. “Without the ability to raise funds, or draw on assets, JNF will have no choice but to cease its charitable operations and terminate the employment of its employees.”
CRA lawyer Linsey Rains told the court she wondered about JNF Canada’s claim of irreparable harm and argued it should not factor into the judge’s decision.
Firstly, Rains asked the court why payments couldn’t be sent to the hospital project, regardless of the revocation. She also suspected JNF Canada wasn’t the only organization donating to this Israel-based children’s house project. Rachashei Lev has several fundraising chapters outside of Israel—including in Teaneck, New Jersey, and London, England.
JNF Canada annulment request explained
Even after JNF Canada received the recent June 26 confirmation that its charitable status was going to be revoked, the charity proposed what CEO Lance Davis has previously called an “off-ramp.”
Lawyers asked the CRA on July 12 to pause the revocation, and instead act to annul JNF Canada’s 57-year status as a registered charity.
An annulment would help avoid paying the revocation tax, and would also allow JNF Canada donors to keep the tax receipts they’d been issued prior to the granting of the annulment.
In court, CRA lawyer Linsey Rains told the judge the federal revenue minister didn’t reject the idea, but rather put a pin on the suggestion while the current dispute over revocation plays out in the courts.
The head of the CRA’s charity directorate, Sharmila Khare, wrote on July 24 to David Stephens—another lawyer representing JNF Canada—confirming that the annulment request would be “held in abeyance.”
Rains suggested JNF Canada tried to keep its non-compliance problems out of the public eye. She told the court JNF Canada wanted to “keep it quiet” and “close to their chest” hoping instead, they could get an annulment, and avoid paying the revocation tax in the process.
Briefing notes prepared by CRA staff in April and May 2024 which were submitted to the Federal Court ahead of the hearing show JNF Canada being very concerned about the dispute being made public. The CRA notes also show the agency itself expected to receive additional attention because of its timing.
“Consideration should be given to raising the risk level on this to high, when and if an appeal is filed at the FCA,” the CRA briefing document said. “The Organization is a prominent charity with overseas operations in Israel and given the current Israel/Palestine conflict, this revocation could be contentious for the CRA. There has been recent media attention on charities potentially funding activities related to the Israeli-Palestinian conflict.”
The authors of the briefing note cited nine published articles, including one published by The Canadian Jewish News last October. However, five of the pieces were negative coverage citing anti-Israel sources— including one penned by Yves Engler, a prominent anti-Zionist from Montreal. A cited story from the Washington Report on Middle East Affairs begins by saying the U.S. branch of Jewish National Fund supported “Israel’s occupation by financing illegal settlement building on Palestinian land.”
What’s next for JNF Canada?
Right now, at least two significant questions remain unanswered.
Have any JNF Canada funds been disbursed to new charities, who could then legally send the money to JNF’s partners in Israel?
And, can the Nov. 13 filing deadline for the revocation tax be met?
JNF Canada’s communications have emphasized it will be left with no funds to pay for court challenges to fight what it feels has been unfair treatment by the CRA.
Despite losing the first court case on Nov. 8, there is still a second appeal in the pipeline—this one was filed with the Federal Court of Appeal on July 24. However, court documents show that any Federal Court of Appeal hearing won’t likely be scheduled any earlier than May 20, 2025.
There could also be other legal avenues, such as an appeal to the Supreme Court of Canada—and also to the federal Tax Court.
JNF Canada has two major events scheduled in the coming week, before the Nov. 13 payment deadline. It’s not known if they will be impacted by the appeal being dismissed.
The annual Negev Dinner in Toronto, honouring philanthropist Jeff Rubenstein, was originally scheduled for tonight (Sunday, Nov. 10) before JNF Canada decided to cancel it in September—former Israeli prime minister Naftali Bennett had been booked as keynote speaker.
But an event was subsequently scheduled for Nov. 11 featuring a panel discussion on the aftermath of the U.S. presidential election as it relates to Israel, featuring former IDF spokesperson Jonathan Conricus and New York Times columnist Bret Stephens, with journalist Jonathan Kay serving as moderator.
Two additional JNF Canada supporter events in Toronto remain scheduled for Nov. 21 and Dec. 2.
JNF Canada did not cancel its Negev Gala event in Ottawa, scheduled for Nov. 13, honouring Lisa MacLeod, the outgoing Ontario PC MPP for Nepean. Political consultant Warren Kinsella was later added as keynote speaker.
Proceeds from the Ottawa dinner are going to build a resilience centre for people living with PTSD in Sderot, with charitable donations administered by the Israel Magen Fund of Canada, rather than JNF Canada.
Local News
Shalom Residences Foundation to host third annual donor appreciation evening
By MYRON LOVE On Tuesday, June 16, Shalom Residences Foundation Inc (SRFI) will be hosting its third annual Donor Appreciation evening. Donors and other Shalom Residences supporters can look forward to chilling to the music of local singer/songwriter David Grenon (aka Soul Bear), who will be performing songs by Billy Joel, Elton John and other well-known artists.
For readers who are not yet familiar with Shalom Residences, the organization was originally created to care for intellectually challenged Jewish young adults. The vision was to provide them with a Jewish environment – strictly kosher group homes where all the Jewish holidays are observed and celebrated.
One of Shalom Residences’ objectives has always been to develop a community in which individuals with intellectual disabilities are fully included, self-actualized, and valued in all aspects of life.
The concept has been a remarkable success.
Shalom Residences was founded in 1980 by six far-sighted couples, including Thelma and Ernie Bronstein, Dolly and Zivey Chudnow, Min and Joe Fromkin, Roberta and Larry Hurtig, Elaine and Bobby Paul,
and Sybil and Frank Steele. The original Shalom Home was a converted house on Cathedral Avenue.
“Thelma Bronstein’s determination and dynamism contributed to making it happen,” says Elaine Paul, currently Shalom Residences’ treasurer (and for the past 20 years, the organization’s leading fundraiser).
I remember the home’s official opening. This was shortly after I started writing for the Jewish Post. Rabbi Charles Grysman affixed the mezzuzah to the door frame.
Today, the organization operates six group homes housing 19 residents as well as 12 residents in supported independent living arrangements.
While the operations today are largely funded by the provincial government – which means that the residences have to be open to accepting non-Jewish clients as well (just over half of the residents are Jewish) – the Shalom Residences Foundation funding supplements the government contribution – providing financial support for increasing staffing levels when needed, as well as extraordinary expenditures and contingencies. The Foundation has also provided the down payment for the purchase of new housing when necessary. .
The necessity of fundraising was evident right from the beginning. Elaine Paul recalls that the first Manitoba Marathon – in which all the founding parents were involved – provided the funding for the mortgage at 175 Cathedral Ave.
“We worked with Helen Steinkopf and John Robertson to develop the marathon,” Paul remembers. ”For several years, Hy Kravetsky and I worked handing out water to the runners.”
Paul relates that it was Zivey Chudnow who was instrumental in starting up Shalom Residences’ annual fundraising. “Three of Zivey’s friends,:Norman Tatleman, Sam Ostrove, and Gary Levinson, asked how they could help,” she recalls. “Their idea was to have a fundraising dinner. We combined the dinner with a lottery. We sold 60 tickets at $1,000 a piece and paid out $15,000 to the winning ticket and lesser amounts to other lucky winners.”
The organization also held annual well attended fundraising teas.
Paul reports that, for years, Chudnow was Shalom Residences’ best fundraiser – with honourable mention to Avrum Katz, Frank Steele, and the late Joe Elfenbaum. Paul took over the role 10 years ago – again with honourable mention to SRFI board members, Dr. Allen Kraut, Peter Leipsic, Donna Chudnow, Jon Feldman, and Mickey Rosenberg.
In addition, the goal was, and remains empowering adults with intellectual disabilities to live meaningful, dignified lives in community-based homes in Winnipeg, enriched by Jewish values.
Charles Tax, the SRFI’s long time president, notes that in 2017, the organization created an endowment fund with the Jewish Foundation of Manitoba. “At the time, we transferred more than half of our assets to the JFM,” he says. “We continue to make contributions to our fund.”
He notes that the annual dinners came to an end with the 20230 Covid lockdowns. The donor appreciation evenings were started in 2023.
“One of our goals is to acquire one or two more houses in the south end,” Tax adds.
Readers who may be interested in attending the donor appreciation evening or otherwise supporting SRFI can contact the office at 204 582-7064 or via email (admin@shalomresidences.com).
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Local News
Debbie Maslowsky playing lead role in upcoming Dry Cold Productions musical
By MYRON LOVE For the past 40 years Debbie Maslowsky has been entertaining Winnipeg audiences – both Jewish and non-Jewish, with her acting and singing. Arguably Winnipeg’s queen of musical theatre is returning to the stage on May 13 in a lead role in Dry Cold Productions’ upcoming “Kimberly Akimbo”.
Maslowsky is enthusiastic about the Tony-winning production, which debuted on Broadway in November 2022. “It’s a gem of a musical,” she says of the production crafted by the musical team of composer Jeanine Tesori and lyricist David Lindsay-Abaire.
The subject itself is not – on the surface – uplifting. As Maslowsky describes it, “Kimberly Akimbo” is the story of a teenager suffering from a very rare condition – progeria – also known as the aging disease. The genetic condition causes children to age at an accelerated rate causing them to die of old age while still in their teens. For those readers who may recall Rabbi Harold Kushner’s book, “Why Bad Things Happen to Good People” – written years ago, Kushner was responding to the death of his own son from progeria.
In the hands of Tesori and Lindsay-Abaire though, Maslowsky notes, the show is about mindfulness and living day by day. In the production, Maslowsky explains, “Kimberly is trying to live as normal a life as she can despite her illness. Her life is further complicated by a dysfunctional family. Her parents are dealing with their own issues. Then there is the madcap aunt who develops a complicated and hilarious plan to make money for a family road trip, raise funds for choir costumes – with some left over for herself.
“The play is very funny,” Maslowsky comments, “but also poignant. Kimberly knows that she most likely won’t live much beyond 16. Therefore, she wants to live every day to the fullest. She wants to live every day in the now. At the same time, she doesn’t want to hide from reality. She doesn’t want special treatment. She also doesn’t want people – such as her parents – trying to pretend that everything will be okay.”
Maslowsky last appeared on stage in Winnipeg Jewish Theatre’s one-woman production of “A Pickle” in the spring of 2023. That was the true story of a Jewish pickle maker living in Minnesota who had to fight to get her pickles included in the state fair pickle competition, which tried to disqualify her because her pickles were made the Jewish way through a brining process that the non-Jewish judges refused to accept.
In the interim, Maslowsky has been focusing on her longstanding business as a trade show, conference and event manage,r as well as picking up some singing gigs. She reports that she began winding down her business last fall.
She speaks highly of her younger cast mates. “They are an amazing group of young people,” she says. “For some of them, this is their first show. I myself am still learning new things after all these years.”
Maslowsky will next be appearing in the joint Winnipeg Jewish Theatre-Rainbow Stage production of “Fiddler on the Roof” in September. “I played one of the daughters years ago in an earlier Fiddler production,” she recalls. “I feel like I am coming full circle.”
Dry Cold Productions was founded by Donna Fletcher and Reid Harrison (now retired) more than 25 years ago. The company stages a yearly musical theatre production – sometimes edgy – which has played on Broadway and is new to Winnipeg audiences.
The Dry Cold website cautions that “Kimberly Akimbo” contains “strong language (with frequent profanity), mature humour, and references to sexual activity”.
“Kimberly Akimbo” is scheduled to run May 13–17, 2026 at the Prairie Theatre Exchange. Tickets can be purchased by contacting Dry Cold productions online.
Local News
The second Bar Mitzvah: Better than the first
By GERRY POSNER As we pass down the corridor of life, there are certainly times we can identify as moments we will never forget. I had such a moment on April 11 at my second Bar Mitzvah, at the Shaarey Zedek Synagogue, shared with Dr. Ted Lyons, or E. A. as I called him over the years. We were celebrating this life cycle event at the very same synagogue as the first one, that is – the Shaarey Zede. For me, it was some 70 years ago or 25,557 days – from April 21, 1956 to April 11, 2026. The notion of returning to the original place of Bar Mitzvah 1.0 was too powerful a force, causing me to abandon my plan to do this in Toronto where my wife, Sherna and I have lived for the last 13 plus years.
It was quite the weekend. We started just before Erev Shabbat with photos of our two families on the bimah. Ted had his whole family there, including his daughter Mara, her husband Sheldon, and their two daughters, as well as his son Sami, his wife Rose, and their three kids, all of whom live In Calgary, not to forget his sister Ellen and her husband Howard Goldstein, from Toronto. Our three kids: Ari, Rami and Amira, all of whom live in Toronto, along with two of my grandchildren, as well as my brother Michael from Toronto were also present.
After the Shabbat service, we stayed on in the building for our Shabbat dinner. There were 23 of us, including Michael’s partner, Ruth Grubert, (formerly Mozersky), also a former Winnipegger, as well as Rabbi Mass,his son Ranan, Rabbi Carnie Rose and his wife Pauline. It was a warm group and the dinner was gobbled up and appreciated by all of us. We were all surprised when independently, the respective grandchildren of the Bar Mitzvah “bochers” presented both of us with a kind of tribute – funny and sincere in their affection for their Zaidas.
Then came the big day. It lived up to and even exceeded my expectations. It was a sell-out crowd. I was overwhelmed just at that fact. The only thing missing from the building was the electronic ark. The respective families all participated with aliyahs and indeed Torah readings by Sami Lyons and the 83-year-old Bar Mitzvah boy Ted Lyons. Now, “leyning” from the Torah was not something Ted had done at the first go-round 70 years ago. (In fact, almost all of us were deficient in that area).
One particular moment during the service was especially meaningful for Sherna and me. In the first part of the service, there is a prayer called “Mi Chamocha.” My son Ari had written music for that prayer several years ago and now he was at Shaarey Zedek, where he had his Bar Mitzvah long ago. This time though the clergy had arranged to use his music and to sing his melody. (It had been used many times previously, but without Ari. ) Not only that, he was invited to play his composition at the service as Cantor Leslie Emery sang it. Those few moments – as we watched and listened, at this – my second Bar Mitzvah, at a place where my parents had been members for years and whose names are on the memorial plaque in the chapel, well, that was powerful, to put it mildly.
Ted and his family had various honours as did my family. I was given the Haftorah to chant. Now, I have few talents, but I can chant a Haftroah (not the most marketable skill), so that was not that much of an obstacle for me. In fact, I rather enjoyed doing this part of the service. Rabbi Rose had also given me permission to deliver a D’var Torah on the portion of the week, “Shemini”, and to discuss the meaning of this, my second Bar Mitzvah. Once I had the mic and the stage, I was ready to go in spite of my wife’s protestations that it was too long. And, in fact, as I rolled along into my Haftorah, after about 10 minutes, my parter in the double Bar, Ted, came up from behind me where he was sitting, and nudged me gently, or to put it more accurately, gave me the hook, announcing that it was time to wrap up. It was kind of comical, in fact. I got a large charge from that sudden intervention. To top it off, as I had been speaking, I noticed a congregant on my left near the front who had apparently passed out. It was alarming to me at first, but the medics came and were able to revive this person. I was told later that other first words out of the mouth were “Has he finally finished?”
We concluded the day with a rather large kiddish luncheon highlighted at least for me by traditional party sandwiches, which were a staple of the kiddishes of my youth. I met with so many people of my past, which was a treat and a half for me. I was so into the moment that It was hard to get me out of the building.
As I reflect on the day and the service, I recognized that for all of us, we have times in our lives, whether it be an hour, a day or a week, that we will never forget. This day was for me one such moment. It is etched in my memory to be relived through the Youtube video now in my possession. The gift that keeps on giving, I say.
My first Bar Mitzvah was good, for sure. This one was far better. I knew what I was doing.
Post script (After Gerry had sent us his story, he sent us something else that he said should have been included in the story): True, Ted and I had the Bar Mitzvah no 2. But we only had it because there was one person who did the real work and yet received no credit. She made all the arrangements with the synagogue for both the Friday night Shabbat dinner and the kiddish lunch after the service. She dealt with various people in the synagogue and basically took charge of our simcha. I speak, of course, of Harriet Lyons. That I failed to mention her was due to my excess focus on the eating of the party sandwiches and not enough on the reason we had them in the first place. Harriet teaches the weaving of tallits, but she stands tall in the arranging of Bar Mitzvahs.