Connect with us

Local News

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

Why are so many people in Winnipeg afraid to go on the record when it comes to my covering them?

By BERNIE BELLAN I guess that my reputation as someone who is willing to go behind the scenes to try and find out what’s really happening within the Jewish community has led, in many cases, to people – or entire organizations, clamming up when it comes to being willing to talk to me.
You might have read my story about the incident at the Asper Campus, during which one individual, Marty Green, was arrested by members of the Winnipeg Police Service, apparently for “disturbing the peace.”
Despite repeated attempts to elicit an explanation from the WPS how exactly Marty was disturbing the peace, no one in WPS has responded to my requests for information.
Let’s face it: the WPS is in the uncomfortable position of having to be seen as “doing something” about the nervousness that many members of our Jewish community feel about the dangers that come with doing things that we used to take for granted we could do in peace and security, such as attending synagogue, sending kids to Gray Academy, or going into the Asper Campus.
So, when one lone individual seems to be behaving in an odd manner – walking around in front of the campus, holding out leaflets – well, it alarms many individuals. One can assume many of those individuals complained to our Jewish Federation, perhaps to B’nai Brith as well. (I did see Ruth Ashrafi, Regional Director for B’nai Brith Manitoba, talking to two policemen around the time that Marty was arrested.)
But – it’s now part of a pattern of Jewish organizations – and leading individuals within our community – joining the trend to suppress freedom of speech.

In my particular case, I often send emails to individuals asking for comment about a particular issue that has been brought to my attention. Rather than responding with a “no comment” response, lately the trend has been not to issue any response at all.
Further, in two cases within the past month, when speakers have been been made aware that I would be in the audience when they were speaking, I was told beforehand that I was not to report on what they were going to say.
And – here’s a really surprising result when I asked to see a transcript of a particular speaker’s remarks, when that speaker had appeared at an event held in the Berney Theatre on September 2. His name was Jeffrey Herf. His talk was publicly advertised by the Rady JCC as “The History Behind Today’s Headlines – A timely conversation about Israel, history, and the events shaping our world.”
I didn’t attend Herf’s talk, but I was told by someone who did attend that he was quite interesting and he wondered why no one from the Jewish Post had been there to cover the talk. That same person said that the was pretty sure the talk had been recorded.
So, I contacted Laura Marjovsky, Director of Programming at the Rady JCC, on September 15, to ask whether there had been a recording of Herf’s talk and, if there was one, could I get a copy?
Laura responded (on Sept. 16): “I’ll have to get back to you on the recording. I’ll need approval in getting that released.”
I bumped into Laura more recently and asked her whether there’s been any movement on that request, but she said she hadn’t heard anything yet. That’s almost two weeks now, so it doesn’t seem likely that she’s going to get permission to release a recording of Herf’s talk to me.
What’s particularly strange is that you can do a search for Jeffrey Herf and find all sorts of instances where he’s been interviewed and his talks have been covered by various media. Maybe he was worried that if I wrote a report about his talk I wouldn’t be fair or accurate in reporting what he had to say, but I hadn’t told Laura that I wanted to write about Herf’s talk. I just wanted to know whether I could get a recording of his talk. In many instances I’ve transcribed speeches – or interviews, and printed them verbatim.
But, in this case, it appears Jeffrey Herf doesn’t want anything written about his talk here. I wonder why that is?

Then, there were two further instances of speakers asking that their remarks go unreported. Both instances occurred at the Gwen Secter Centre – at Remis Speakers’ luncheons. (By the way, the luncheons have seen record attendances this year. Kudos to Simone Cohen Scott for bringing in such an interesting range of speakers. If you’ve never been to a Remis luncheon but might be interested in having a great – and kosher lunch, followed by hearing an interesting speaker – all the while being able to socialize with friends, you really ought to give it a try.)
The first instance was when Prof. Bryan Schwartz, who is now a rabbi as well as a lawyer and professor, gave a talk about Torah commentaries. Why Bryan didn’t want anything written about something as innocuous as Torah commentaries is beyond me, but that was his prerogative.

The second instance was more frustrating for me. It was when Anita Wortzman, president of the Asper Foundation, was speaking about the Asper Foundation’s philanthropic endeavours. Again, Anita had also asked that there be no reporting of her remarks.
Yet, I found what she had to say quite interesting – and she delivered her remarks so clearly in such an organized manner that I was prompted to ask Anita for an interview, during which, I suggested, she could describe the Asper Foundation’s work. I emailed Anita asking her whether she would be willing to sit for an interview but, rather than responding with a rejection, I received no response at all. So, I emailed her again. Still no response.

And then there’s an interesting situation that had been brought to my attention about a policy of Congregation Etz Chayim’s of which I was not aware.
The policy involves who would be entitled to officiate at a funeral held at one of the three cemeteries managed by CEC: The Rosh Pina, Bnay Abraham, and Hebrew Sick cemeteries.
In June 2025 Rabbi Kliel Rose emailed various rabbis and several other individuals about Etz Chayim’s policy re outside clergy being able to officiate at funerals in any of those cemeteries. The email was titled “Update on CEC Clergy Funeral Policy & New Pre-Approval Process July 25, 2025.”
The wording in the email was somewhat confusing at times. For instance, one line says “All services conducted in the CEC synagogue require the participation of CEC clergy (Rabbi and/or Cantor).” Wouldn’t it stand to reason that services in CEC would require the participation of a member of CEC clergy, I wondered?
Further, it stated that “Requests for outside clergy must be approved by the CEC rabbi.”
But CEC is now without a rabbi, as Rabbi Kliel has left Winnipeg for Ottawa. Who will be able to grant requests for outside clergy in the interim?

Apparently though, what the policy was meant to refer to wasn’t services in the CEC synagogue, it was meant to refer to funerals in CEC administered cemeteries.
As a result, I sent emails to the CEC funeral director, Margot Carr, and CEC Chief Operating Officer Morissa Granove, in which I asked them to clarify CEC’s policy on funerals and outside rabbis being able to officiate at CEC administered cemeteries.
I noted in my email that outside rabbis had previously been allowed to officiate – on their own, at CEC administered cemeteries.
I also noted that I had spoken with individuals who had told me they had wanted a certain rabbi to officiate at their loved one’s funeral, but were told that they had to use one of CEC’s clergy. In certain instances, however, I was also told that when some families absolutely insisted on using an outside rabbi, CEC did relent and allowed them to use an outside rabbi. Thus, one might say CEC’s policy of not allowing outside rabbis to officiate on their own at one of their cemeteries is “honoured more in the breach than the observance,” if a family were to absolutely insist that an outside rabbi be allowed to conduct a funeral at one of CEC’s cemeteries.
The vast majority of funerals in a Jewish cemetery in Winnipeg are conducted at the Shaarey Zedek Cemetery, however, and the Shaarey Zedek has always allowed outside rabbis to officiate at funerals in its cemetery.
CEC’s policy, moreover, was intended to target one particular rabbi in Winnipeg, I further learned. That rabbi received a separate email from Rabbi Kliel informing him that he would no longer be able to officiate, under any circumstances, at a CEC administered cemetery.
As Rabbi Kliel noted in his email, “While we understand some may request your officiation, this will no longer be possible.”
In my emails to Margot Carr and Morissa Granove I suggested that barring a specific rabbi from being able to officiate at funerals in any of their cemeteries would likely prove very painful to many families who would want a particular rabbi to officiate at their loved one’s funeral.
To date I have not received any response to my emails to either Carr or Granove.
So, there you have it: A pattern either of emails going unanswered by the parties to whom they were sent or of being told that I would not be able to report on remarks on particular occasions.
At the very least, one would expect a simple “no comment” in response, but we’re now living in an age when requests from media for information or comment are simply ignored all too often. I guess I have to get used to that.

Continue Reading

Local News

Epic court battle shaping up next week between Etz Chayim Congregation and two former members who are now barred from setting foot in Etz Chayim

By BERNIE BELLAN This story was originally posted August 14, but with the date of the court battle soon approaching we thought it timely to repost it to the top of our website.

Here’s how it read when it was first posted: When we first posted this story Friday morning, August 14 – with a photo of Etz Chayim Synagogue, we received an email from Morissa Granove, COO of Etz Chayim Congregation:

“Hi Bernie.

“This request is not about the article itself but the safety of our shul.  We have been advised not to post the address or photos of our Jewish organizations publicly for some time for security reasons.  Can I please ask that you change the image posted online (and planned for print if needed) and that in this be kept in mind for the future?

“Thank you so much for your understanding,

“Morissa”

We replied:

“Gee Morissa – I’ll do that but maybe you better ask Google to remove any mention of any Winnipeg synagogue because all anyone has to do is do a Google search and they’ll come up with a complete list of Winnipeg synagogues and their addresses – also photos!  Do you want me to contact Google for you? Can’t be too careful, can we?

Now, here’s the story as it was originally posted:

 The date October 7 carries a huge amount of significance for Jews around the world: It was the date that members of Hamas and other terrorist groups launched a murderous attack on innocent Israelis (and members of other nationalities) that resulted in the deaths of more than 1200 people and the abduction of 251 others.
But it is also a date that may have a significance of a different sort come this October 7 when a Winnipeg courtroom will be the scene of a court case in what is shaping up to be a momentous legal battle between Congregation Etz Chayim and two former members of the congregation who have been barred from attending services – or even setting foot inside the building that houses Congregation Etz Chayim.
Before publishing this article I had sent copies to both sides in the dispute – and offered both sides the opportunity to correct any mistakes they might have found in what I had written. I did receive responses from both sides and have incorporated their suggested corrections into what follows.

The two individuals involved at the heart of this dispute are both former longstanding members of Etz Chayim – and before that, Rosh Pina Congregation: Dr. Emet Eviatar (previously known as Hadass), who had been the Torah reader at Etz Chayim for many years, and who had also led Sunday services; and her husband, well known scientist Dr. David Hoult (who played a leading role in the development of MRI technology and was also very active in the congregation). Drs. Eviatar and Hoult have filed suit against CEC over what they claim was the illegal termination of their membership.
In response, however, Congregation Etz Chayim asserts that it was not a question of membership when CEC exercised its right to refuse entry on the advice of the WPS and security experts who were consulted after a deeply concerning letter was received from one of the plaintiffs by the synagogue.
The filings in this particular case are in the hundreds of pages. I spent two recent afternoons at the Law Courts poring over the filings, and photographed pages of what I thought were some of the most relevant issues at hand so that I could quote accurately from those filings.

While the case may seem hugely complicated, given the number of pages of documents that have already been filed, it seems that it boils down to two essential issues: Did CEC violate its own bylaws (or its own constitution, as the case may be, because at the time of the events in question a bylaw which would have governed who might be excluded from belonging to the congregation had not yet been passed) by terminating the memberships of Dr. Emet Eviatar and Dr. David Hoult? The argument advanced by the plaintiffs is not that a congregation cannot decide who can belong to that congregation. Rather, it is an argument that CEC did not properly adhere to its own bylaws in the manner in which it has excluded the plaintiffs from attending – or even setting foot inside Etz Chayim.

But, a second issue in play – and one which is argued forcefully by CEC in one of its briefs is that the argument Emet Eviatar and David Hoult are advancing has no place in the courts in the first place. As is noted in one of the briefs filed on behalf of CEC: “The dispute is, at its core, about the internal governance of a religious congregation. It concerns who may participate in communal worship, who may participate in communal religious life, and how a synagogue governs itself in response to legitimate security concerns. If it is accepted that the dispute was about ideological differences, as alleged by the Applicants, then these are fundamentally religious questions. The court has no jurisdiction to adjudicate such matters, and ought not to intervene.”

How the parties arrived at this situation is a complicated – but very interesting story.
I, myself was first made aware that something unusual was going on between CEC and David Hoult when I received this email from Dr. Hoult on Friday afternoon May 30, 2025, at 12:42 pm:
“Hi Bernie,
“I have just had a pair of police officers at the door telling me that we are now banned from Etz Chayim and if we show up the police will be called, no reasons given. I suspect it was an accumulation of things, including a letter I sent.

“Shabbat shalom,
“David.”

Later that afternoon I received another email, this time from a member of CEC, who forwarded me an email that had been sent to congregation members by Morissa Granove, Chief Operating Officer of CEC. That email had a letter attached, which said, in part:
“On Tuesday, May 27th, we received deeply troubling correspondence from a member of our community. The nature of this communication raised serious concerns about the safety of our congregants and staff. After careful and deliberate consultation with our Board of Directors, Clergy, the Winnipeg Police Service, the Jewish Security Network, and the Secure Community Network (in partnership with the USCJ), and on their recommendations we have made the difficult but necessary decision to terminate the membership of this individual and all members of their household, effective immediately.
“These individuals are no longer permitted on the premises of Congregation Etz Chayim, nor may they participate in any of our synagogue’s programs or activities.”
The letter was signed by Morissa Granove, Chief Operating Officer of CEC, and Allan Cogan, President of CEC.

What the heck was going on? I wondered. So, I emailed Morissa Granove that same afternoon:
“Hi,
“I received an email from David Hoult telling me that he is now banned from the Etz Chayim. I assume Emet Eviatar is also banned too, judging by the way your email is worded.
“I don’t know David at all – other than having received a piece he wrote about Israel and Gaza that I published to my website. I can’t begin to imagine what he might have written, but in the interest of fair reporting and fuller disclosure, can you say anything more about what he wrote in his letter?
“-Bernie Bellan
“Publisher,
“jewishpostandnews.ca
“also Associate Editor,
“The Jewish Post Winnipeg”

But, Morissa Granove did not offer any more information as to what might have been contained in that “troubling correspondence” which was received by CEC.

It was only when I went down to the Law Courts on August 10 that I was actually able to see what was in that “troubling correspondence.”
But, before I get into what was in that particular communication, even more background to this strange case is necessary.
In an email I received from CEC COO Morissa Granove following my having sent her a draft of this article, she wrote: “Congregation Etz Chayim …has never taken action based on political views. Further, CEC argues that other members, congregants, and guests share Dr. Eviatar’s views and yet there has never been an issue with their behaviour and as such, Congregation Etz Chayim has never taken action against anyone, revoked a membership, or refused entry to anyone based on their political stance.” Dr. Eviatar, in her own words, notes that she had already provoked the displeasure of some members of CEC, including staff members, by certain of her behaviours while, according to Morissa Granove, “volunteering in a leadership role and officially representing Congregation Etz Chayim. CEC …is ‘a Zionist organization’.”

Yet, according to CEC, Dr. Eviatar’s family’s attendance at Etz Chayim was never in question – until a letter was received from Dr. Eviatar’s husband.
As is noted in a brief for the plaintiffs, the following is taken from an affidavit given by Emet Eviatar, which might suggest that her membership in CEC had been called into question long before May 2025:
“In July 2024, I co-founded Manitoba Friends of Standing Together, a chapter of the international support network created by Standing Together. Standing Together is a grassroots joint Jewish and Palestinian organization in Israel which was originally created in 2015 to fight for equal rights for Palestinian citizens of Israel. Since the October 7, 2023 attack by Hamas they have pivoted to protesting the war in Gaza.
“On October 6, 2024, I appeared as a guest on the local CBC Radio Weekend Morning Show, together with Mr. Ramsey Zeid, president of the Canadian Palestinian Association of Manitoba to discuss the importance of having local conversations between Jews and Palestinians…
“Later that week, I received a phone call from CEC Rabbi Kliel Rose and Cantor Tracy Kasner. They informed me that I would no longer be allowed to lead Sunday services. The rabbi also suggested that ‘for my own peace of mind’ I might want to consider finding another congregation (that aligns with my views.”)
“On November 4, 2024, I received an unsigned letter from CEC which was provided to me by the then executive director, Jonathan Buchwald…
“While the letter contains various false statements, and is clearly a reference to my having contact with Mr. Zeid and others in the local Palestinian community, the assertion that I was aligned with an ‘ideology which is mutually exclusive and contrary to the existence of the Jewish people and the state of Israel’ was extremely offensive and hurtful to my being an Israeli citizen, having family who live in Israel, and having served in the Israel Defence Forces.”
Later, on March 3, 2025, Emet Eviatar appeared a second time on the CBC morning weekend radio show, again with Mr. Zeid.
In an affidavit taken from Morissa Granove, Ms. Granove explained the CEC’s objection to Emet Eviatar’s publicly associating with certain individuals while officially representing Congregation Etz Chayim (noting that CEC’s objection bore no consequence to Dr.Eviatar’s or her the family’s membership.)
“This public alignment with parties opposed to Israel raised concern within CEC about potential risks surrounding the Synagogue, especially in times of heightened safety risks and awareness of antisemitic vitriol. These concerns were brought to the attention of Dr. Eviatar. She took no action to mitigate these concerns. As a result, she was removed from a volunteer leadership position she held with CEC. CEC took no action regarding either of the Applicants’ ability to attend the Synagogue as congregants.” In the email I received from Morissa Granove in response to a draft of this article, Ms. Granove added: “Still, her family’s membership was never in question.”

But, in May 2025 something happened that led the CEC to take drastic action against Emet Eviatar, David Hoult and the other members of their household. It should be explained that, according to an affidavit taken from Morissa Granove, who had stepped into the role of Chief Operations Officer of CEC in January 2025, in May 2025 CEC announced it would be adding new security measures, based on a “site security assessment from the Winnipeg Police Service. Officer Constable Justin Remillard (who) attended the Synagogue and provided guidance on improving security.
“Among other things, he advised:
“a) access to the Synagogue should be controlled;
“b) registration and entry lists should be used for programs and services at the Synagogue;”

On May 5, 2025 CEC held its Annual General Meeting. According to an affidavit taken from Ms. Granove, “During discussion relating to security protocols…David Hoult expressed opposition to security procedures such as locked doors at the Synagogue, registration requirements, and screening of visitors.”

The following is taken from an affidavit taken from Ms. Granove: “On May 22, 2025, CEC received a letter from Dr. Hoult. The most significant concern with the letter was that it stated:
‘If, G-d forbid, I wanted to attack the shul on Shabbat morning it would be trivial. A stolen motorbike, onto the lawn, Kalashnikov to shatter the windows, gun down the congregation, drive away, ditch the bike, gun, mask and clothes…” (Emphasis added)
The same affidavit states that, “In that correspondence, he again expressed opposition to security measures and described them as ‘hysteria,’ ‘paranoia,’ and ‘psychologically stupid.’ “

According to an affidavit taken from David Hoult, “My wife and I received no direct communication from CEC advising of the termination of our membership until a cheque with no accompanying letter was received in the mail on June 9, 2025.”
In an email received from Morissa Granove after I sent her a draft of this story she asked that this sentence be inserted: “Congregation Etz Chayim was interviewed extensively by the WPS before going to the home of Dr. Hoult for the service call and had all of the details which were required in order to qualify their actions.”

On September 16, 2025, Hadass (Emet) Eviatar and David Hoult filed an application in Court of King’s Bench to have the termination of their membership declared “null and void,” also seeking an “order to comply with bye-laws” (of the CEC).

In response, CEC asserts that it “has never terminated the Applicants’ membership. Rather the applicants were advised they were no longer permitted to attend the synagogue.” Morissa Granove asked that this be added: CEC “exercised its right to refuse entry on the advice of the WPS and security experts.’
Did it boil down to semantics? I wondered. CEC was saying that it hadn’t “terminated the Applicants’ membership,” yet it returned the cheque they had sent in to pay for renewal of their membership.
However, if it is the CEC’s position that, based on the plaintiffs’ claims as written, this matter is not one that should even be considered by the courts – as is noted at the beginning of this article, then arguments over whether CEC abided by its own bylaws would be moot.
Yet, if the courts might be willing to consider the issue whether CEC did not properly follow its own rules – as set out in its bylaws, then the Eviatar-Hoult case becomes more compelling.
For instance, the issue whether CEC “terminated” the memberships of Dr. Eviatar and Dr. Hoult might take on added importance.
As is noted in a brief for the plaintiffs, the letter sent out by Morissa Granove to members of CEC on May 30, 2025 states quite clearly that “We have made the difficult but necessary decision to terminate the memberships of this individual (Dr. Hoult) and all members of their household effective immediately.”
In this case the plaintiffs (Drs. Eviatar and Hoult) are arguing the nowhere within CEC’s governing constitution (which was adopted in 2014) were there “provisions for the termination of membership.” Therefore, their argument goes, “CEC had no authority to terminate their membership.”
Morissa Granove asked that this be added: “The defendant (CEC), however, argues that the CEC’s governing constitution says that “directors ‘may pass by-laws’ regulating, among other things, ‘the suspension and termination of membership by the corporation and by a member.’ The word ‘may’ is permissive.”
“Thus, CEC is arguing, therefore, that it had no obligation to actually pass a by-law governing the termination of a membership.”

As it was, the by-law was never voted upon, as, according to an affidavit given by Dr. Eviatar, CEC leadership “had not complied with the correct procedure, including giving proper notice.,
However, in her email to me Morissa Granove wrote that “the very same bylaw was passed at a Special General Meeting of the members when Congregation Etz Chayim and its lawyers provided clarity on the proposed changes, which was requested by the members at the conclusion of the AGM to clear up any issue or confusion.”
Further, the letter to CEC members that was sent on May 30, 2025, which said that “These individuals (i.e., Dr. Hoult and any members of his family) are no longer permitted on the premises of Congregation Etz Chayim, nor may they participate in any of our synagogue’s programs or activities” was signed only by the COO and President of CEC.

Whether or not CEC followed proper procedure in whatever happened to Dr. Hoult, Dr. Eviatar, and their other family members will be up to the courts to decide.
But, there is a larger issue at hand. Are there are any rules that might govern how a private organization such as a synagogue should govern itself? And, perhaps even more important, can the courts intervene at all in such a situation?
This case is shaping up to have some fascinating implications.

Continue Reading

Local News

Brian Glow: magician on a mission

By MYRON LOVE Anyone who has been to a sporting event in recent years is sure to be familiar with the hot dog and t-shirt launchers that propel hot dogs and t-shirts into crowds. What you probably don‘t know is that the launcher was invented right here in Winnipeg – by Brian Glow. 
“I have always been an inventor,” says the son of Freda and the late Syd Glow. “I came up with the concept for the launcher in the early 1980s. It has many other uses in addition to sporting events. It can be used to spew out streamers or confetti. It can shoot out a guide rope from a ship to tie the vessel to a dock and fire out life-saving vests to swimmers or boaters in trouble.”
While few probably know about Glow’s avocation as an inventor, people all over the world will know him from his “day job” as one of North America’s most in-demand magicians.
Brian Glow has been making magic for almost all of his life. His resumé includes more than 10,000 corporate shows under his belt, including sales meetings, trade shows, banquets, annual general meetings, and award ceremonies. He has also performed and produced shows for the 1988 Calgary Winter Olympics and the Pan American Games.
Glow’s multi-award winning one-man “Comedy, Magic and Mindreading” production has become one of the favourite touring magical shows in North America. He has entertained in casinos, on television and film, and for corporate events and public spectacles in over 45 countries worldwide.
In a recent interview with Glow in his West St. Paul home, he recalled his first performance. “I was the entertainer for my eighth birthday party,” he recounts.  “I have been in demand ever since.”
It was from the old Ed Sullivan show – which those of us of a certain age will well remember – that Glow was introduced to magic.  “My family and I never missed an Ed Sullivan broadcast,” he says. “It was like a religion.”
As a magician, Glow was self-taught.  “I learned my first magic tricks from reading books at the West Kildonan Library,” he recalls. “There were two books about magic at the library. One was called ‘Magic of the World,’ which was published in 1965. The other was Houdini’s ‘Biography of Magic for Kids.’ Those books were amazing teachers. I still use some of those same tricks today.”
“In our corporate shows,” he continues, ”we incorporate our sponsors’ products in the production. For example, if we are doing a show for an auto dealership or manufacturer, I make a car magically appear.”
Glow points out that while many people can do simple magic tricks, the key to taking it to the next level is the presentation.”That takes skill,” he says. “The presentation is what makes an act magical, amazing, fun.”
While Brian Glow truly is an amazing magician, what really separates him from his brethren is that he is also a man on a mission. That mission is to build his magic act as a framework around which he teaches children and teenagers how to counter bullying.  And, over the past 40 years, he has brought his anti-bullying training to tens of thousands of children primarily living in remote – largely Indigenous –  communities across the north – from Nunavut to Alaska, also northern Manitoba, Saskatchewan, and Northwestern Ontario.
Why does he focus on those regions? He explains that in larger, more easily accessible centres, there are professionals – doctors, psychologists, social workers –  who can provide counselilng for individuals who are being victimized by bullies.  That help is simply not available in large swaths of our country.
When it comes to surviving bullying, Brian Glow speaks from his own personal experiences growing up. He notes that he has lost some friends to suicide because of the torments they suffered from bullies.
In his shows focusing around countering bullying, he intersperses magic with his own stories about experiencing bullying.  Glow tries to provide strategies for standing down bullies and working on creating more positive self-images for victims of bullying, that include calling up audience members to engage in role playing among other techniques. 
“Bullying involves an imbalance of power,” he explains.  “One of the more effective ways of disarming a bully is to refuse to react to the insults. You have to try to keep calm and respond in an even voice.  The bully wants to humiliate you. If he can’t, he will lose interest.”
Glow concedes that is not easy when someone is telling you that you are fat or ugly. “You have to keep at it to a make a difference,” he says.
He further points out that the exponential growth in social media over the past 25 years has made the bullying problem much worse. Social media can amplify your public humiliation,” Glow observes.  “You can be left with a sense of worthlessness and really spiral down.”
He notes that he continues to stay abreast of the latest research related to bullying and learn new techniques in countering this pernicious practice.
Brian Glow may now be past what is still generally considered retirement age, but he has no intention currently of slowing down.  In fact, he recently left on another two-month round of anti-bullying performances in the north – starting with northern Saskatchewan.
“I am a lucky man,” he concludes.  “I have been able to spend my life doing what I love, also using magic to help others.  And, I am still learning.”
One can certainly say that Brian Glow has lived a magical life.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News