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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
Ilana Shapera one of the leads in dancing dentists upcoming production of “Chicago”
By MYRON LOVE Dr. Ilana Shapera is looking forward to once again treading the boards – this time with a role that she can really sink her teeth into. One of three principals in Affinity Dental – the others being her husband, Igal Margolin, and her brother-in-law, Artiom Margolin – has been cast in the role of Velma Kelly in the upcoming Manitoba Dental Foundation’s production of “Chicago,” which is scheduled to run May 7-11 at the Theatre Cercle Moliere.
“Velma is a real fun character,” Shapera says. “I love her snarkiness.”
“Chicago” the nusical, notes Phil Corrin, the production’s musical director, is based on a 1926 play by the same name that was intended to expose political corruption and its interface with celebrity. Fifty years later, it was restaged as a musical.
“Chicago” is the MDF’s seventh all-dentist musical production. A new show is staged every second year.
Shapera, who previously appeared in the Foundation’s production of “Lucky Stiff” in 2017, says that she is looking forward to getting back to dancing – a passion she has had for most of her life – in her role as Veloma. She reports that she began taking dancing lessons when she was four years old. In her teen years, she studied with Shelley Shearer and participated in Gray Academy musical productions. For several years, she was a member of the Chai Folk Ensemble choir and, for the past six or seven years, she has been singing with the Prairie Voices’ Horizon Choir.
The mother of two young sons, Lev and Shai, expresses her appreciation to her husband, Igal, “for holding down the fort at home, allowing her to live out her Broadway dreams”.
Some readers may remember Phil Corrin for his 25 year career as a band teacher at Garden City Collegiate. He holds a Bachelor of Music (Major in Music Education) from Brandon University and a Graduate Diploma in Fine Arts (Conducting) from the University of Calgary. His first foray into the world of theatre was in the sixth grade when he played Huckleberry Finn in his school’s production of “Tom Sawyer.” Since then, he has been involved in nearly 80 productions as an actor, musician, director, producer, stagehand, audio technician, and music director. He has worked with the Royal Manitoba Theatre Centre, Rainbow Stage, Winnipeg Studio Theatre, Winnipeg Jewish Theatre, Little Opera Company, and the Winnipeg Symphony Orchestra, as well as numerous high schools (including Gray Academy) throughout Winnipeg.
“Phil is happy to once again sink his teeth into the world of All-Dentist Musicals – having previously served as Associate Music Director for “Young Frankenstein” in 2015,” says Frank Hechter, currently the Manitoba Dental Foundation’s executive director (since 2018), who is also a member of the production’s organizing committee.
Hechter will be the conductor for the show and will also be a member of the ensemble. For Hechter – who began practising dentistry almost 55 years ago, appearing in “Chicago” will allow him to recreate his St. John’s high school operetta days, renew and create new friendships, challenge himself, and “move beyond his comfort zone,” he says.
A second Jewish member of the organizing committee is Bonnie Antel, the wife of Dr. Joel Antel, a former president of both the Manitoba Dental Foundation and Manitoba Dental Association and who is currently the Canadian Dental Association president. Bonnie says that while she would have loved to be in the “Chicago” cast, she isn’t a dentist. She has, however, been involved in music – both as a singer and choir leader, most of her life.
“I developed a love for music and singing in high school (Grant Park),” she recalls.
Bonnie has a Bachelor of Music, Bachelor of Education and a Master of Education from University of Manitoba and recently retired from teaching music in the Pembina Trails School Division.
As with Ilana Shapera, Bonnie Antel is a Chai alumna. For many years, from the time she was 13, she was a member of the Shaarey Zedek Choir. She adds that in the 1990s, she was the choir director and conductor. Currently, she is the Yom Tov choir leader at the Simkin Centre. “Chicago” is the second Dental Foundation all-dentist musical production that she has been involved with.
“We are all really thrilled that we were able to get the rights to “Chicago” this year,” remarks Antel, who has been involved in the all-dentist musical productions since their inception.. “We do these shows every second year but there has always been another production of “Chicago” somewhere else in the province taking place.”
“Our purposes in producing musical theatre with all dentist performers has always been to create opportunities for dentists with an interest in musical theatre to come together; create opportunities for students and graduates of performing arts programs to gain experience, refine their expertise to enhance their career paths; and to raise funds to support educational and mentorship programs in the performing arts and other charitable organizations,” Hechter points out. “We appreciate the contributions of everyone who has participated in our productions.”
He reports that the net proceeds from the productions have provided funding over the years for the Manitoba Dental Foundation – as well as the Harvey Speigel Bursary in the College of Dentistry (U of M), the Theatre and Film program at the U of W, Prairie Theatre Exchange, Winnipeg Studio Theatre Scholarship, the Rainbow Stage Professional Mentorship Program, the Never Alone Cancer Foundation, and Cancer Care Manitoba. The net proceeds from the production of “Chicago” will be divided evenly between Theatre Cercle Moliere and the Manitoba Dental Foundation.
Readers who may be interested in supporting the MDF and seeing the show can contact Dr. Frank J. Hechter (mdf.ed@manitobadentist.ca) or phone 204-782-8146.
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Japanese author Akira Kitade recounts for Winnipeg audience role of foreign diplomats in saving Jewish lives in WWII
By MYRON LOVE One of the lesser known histories of the Holocaust was the role of various diplomats who saved thousands of Jewish lives through issuing visas to endangered Jews desperate to escape Nazi-occupied Europe. The best known of those diplomats was Raoul Wallenberg, the Swedish special envoy in Budapest in 1944 who issued Swedish passports to thousands of Hungarian Jews and – with the financial support of American Jewish organizations – hid them in numerous safe houses throughout Budapest.
Sadly, he himself met a tragic fate. When the Soviets liberated Budapest in late 1944, the courageous Swede was arrested, shipped back to Russia – and never seen again.
Lesser known diplomats also pitched in to save Jewish lives. One of these Holocaust heroes was Chiune Sempo Sugihara. Japanese consul in Kovno, Lithuania, who provided thousands of Japanese transit visas to Jewish refugees who had fled from Poland and elsewhere in Europe to the Baltic capital city in a desperate effort to escape the clutches of the Nazis.
On Sunday, March 23, about 100 individuals, largely from the Jewish and Japanese communities, were in attendance at the Canadian Museum for Human Rights for a special presentation by Japanese author Akira Kitade describing Sugihara’s exploits.
The story is a central element in Kitade’s most recent book, “Emerging Heroes: World War II Era Diplomats, Jewish Refugees and escape to Japan”, which was a sequel to his previous book, “Visas of Life and the Epic Journey:How the Sugihara Survivors Reached Japan.”
The program, a joint venture between the CHHR and the Jewish Heritage Centre of Western Canada, began with remarks by Takehiko Wajima, the Japanese Consul General in Calgary. (Local immigration lawyer Ken Zaifman, Japan’s honorary consul in Winnipeg, was also in attendance.)
Belle Jarniewski, the Jewish Heritage Centre’s executive director, then set the table, so to speak, for the guest speaker. She pointed out that “the medal awarded to those recognized as Righteous Among the Nations by Yad Vashem, Holocaust Martyrs’ and Heroes’ Remembrance Authority features the inscription – from the Mishnah (Sanhedrin 4:5), “Whosoever saves a single life, saves an entire universe.” Yad Vashem explains further that the quote is particularly appropriate when we think of the survivors and their many descendants and their many contributions to society. Chiune Sugihara did not save a single life – he saved thousands”.
She recounted that when the Nazis attacked Poland, some 15,000 Jews fled eastward, including to the then still independent Lithuania, which had been a centre for Jewish life since the 14th century. Caught between the Nazis and the Soviets, the Jews desperately sought ways to emigrate. After the annexation of Lithuania by the Soviets in the summer of 1940, all foreign diplomats were ordered to leave by August 9.
By then, the Jews were in very dire straits and could find no safe haven. Jan Zwartendijk, a Dutch consul in Kaunas at the time, agreed to stamp thousands of Jewish passports to visa-free Dutch Curacao, a Dutch colony in the Caribbean. The visas were, of course, bogus. With Europe engulfed in war, the only plausible means of escape was across the Soviet Union. For this, the refugees required transit visas showing Japan as their final destination.
As Sugihara and his family were packing their belongings, a delegation of Jews came to him with a desperate request for transit visas. They were led by Zerach Warhaftig – a Jewish refugee who, years later, was to become a minister in the government of the State of Israel. Seeing the desperation of the refugees, Sugihara began issuing the transit visas despite objections from Tokyo. Overall, he issued approximately 2140 transit visas—some of them for entire families.
The refugees rode the TransSiberian railroad across Russia to the Pacific port of Vladivostok. From there, they were transferred by boat, the Hikawa Maru, to Kobe in Japan. Many of the refugees were able to move on from Kobe to the United States and other places. The remainder – about 1,000 – were eventually relocated to the foreign quarter in Japanese-occupied Shanghai, where there was an existing community of German-Jewish refugees and a small number of prosperous Jewish merchant families from India.
Akira Kitade’s interest in Sugihara and the Jewish refugees, he noted, was sparked almost 30 years ago when he heard the firsthand account from Tatsuo Osaka, his boss at the Japanese Tourist Bureau, – who captained the Hikawa Maru carrying Jewish refugees from Vladivostok to Kobe. The retired diplomat recalled that, during a visit in the late 1990s, Osaka showed him an album with photos of eight of the refugees – one man and seven women – along with words of gratitude in various languages representing the many different European countries from which they were fleeing. After Osaka’s passing on 1993, his daughter gave Kitade the album.
His initial goal, the author recalled, was to find out what became of the individuals in the album. Over the next 10 years or so, he accomplished this mission. He shared with his audience at the CMHR what he learned about each of the survivors. All of them eventually reached America ,where they enjoyed successful careers and lives. Most married and had children.
Kitade’s research into the lives of the eight survivors in the album brought into contact with many more Sugihara transit visa holders and their descendants. He noted that while there are estimates that as many as 6,000 refugees – individual and family members, were saved by the Japanese consul’s actions, his view is that the real number is about 3,000. Their descendants, he suggested, are around 50,000.
The author also spoke about three European diplomats who aided Sugihara in facilitating the further movement of the transit visa holders. The problem for the refugees once they landed in Kobe was that the visas were only good for 14 days. Jan Zwartendijk, a Dutch businessman and diplomat, who was director of the Phillips factories in Lithuania and part-time acting consul of the Dutch Government in exile, provided 2,345 visas for Jewish refugees for the Dutch colony of Curacao, an island in the Caribbean.
Nicolaas Arie Johannes (Niek) de Voogd was the Dutch consul in Kobe at that time, and he also provided visas for Jewish refugees for Curacao. De Voogd returned to Japan as the Dutch ambassador in the early 1960s.
Tadeusz Romer was the Polish ambassador in Japan until the Polish embassy in Japan closed in July 1941. From August 1940 to November 1941, he otained transit visas in Japan, arranged asylum visas to Canada and other countries, immigration certificates to Palestine, and immigrant visas to the United States and some Latin American countries for 2,000 Polish-Lithuanian Jewish refugees who had arrived in Kobe. He created a ‘Polish Committee to Aid the Victims of War’ and appointed his wife, Zofia, to be president of the committee. They worked to financially support Jewish communities in Yokohama and Kobe by campaigning in Far Eastern countries for funding.
Belle Jarniewski completed the Sugihara narrative. The diplomat himself was posted to a number of different places, but in 1944 he was arrested by the Soviets along with a number of other diplomats. He was ultimately released, went to work for the Japanese Foreign Service in 1947, and held a variety of other jobs after that. Shortly before his death, Yad Vashem, the Holocaust Martyrs’ and Heroes’ Remembrance Authority in Israel, declared Sugihara “Righteous Among the Nations” for his aid to the refugees in Lithuania during World War II. Yad Vashem conferred the title in 1984, honoring the former Japanese consul with a ceremony in Jerusalem in January 1985.
“The number of people recognized as Righteous Among the Nations – is staggeringly small when you consider the six million Jewish men, women, and children who were murdered,” Jarniewski pointed out.. “However, the impact of the Righteous – those who mustered extraordinary courage and who acted with conscience and caring is immeasurable. Today, the global Jewish community finds itself facing a sustained resurgence of antisemitism unprecedented since the end of the Holocaust. The silence of far too many we had considered as friends and allies has been shocking. We need to see the kind of courage of conscience that Chiune Sugihara so inspiringly displayed.”
One final note. Towards the end of the program, it was noted that in the audience was Winnipegger Rochelle Zucker, whose father, Meyer, was one of the Sugihara survivors. In answer to a question as to how the Jewish refugees in Shanghai survived, she spoke of her own father’s story. As with most of the refugees, they found work. Meyer Zucker was a printer by trade and was hired by a British-owned printing company. After the war, he, like most of the others, applied to go wherever he could. He had a cousin in Calgary who was able to bring him to Calgary to work in the printing industry. In Calgary, he met his wife, Miriam Pearlman, and, in 1948, they moved to Winnipeg where Meyer and Miriam both had family. In Winnipeg, Zucker worked as a printer for the Israelite Press/Yiddishe Vort until just a couple of years before his passing n 1977.
Local News
BB Camp reverses decision to retain Jacob Brodovsky as co-director
BB Camp parts ways with co-director, who had held a variety of positions at BB Camp for the past 15 years
By BERNIE BELLAN (Posted April 17) In an email just issued by BB Camp, the camp’s Board of Directors has announced that “the Board of Directors and co-Executive Director Jacob Brodovsky have amicably agreed to part ways, having regard to the best interests of the Camp and the community at large.”
There is no mention in the announcement as to the status of Brodovsky’s co-director (also his wife), Lexi Yurman.
The decision announced today constitutes a complete reversal of the Board’s earlier decision to retain Brodovsky as co-director. The Board had issued a statement on April 9 in which it said that “After conducting painstaking due diligence, the BB Camp Board of Directors unanimously voted to retain Co-Executive Director, Jacob Brodovsky, following his full apology for his serious error in judgement on social media.”
The statement by the board issued today (April 17) goes on to say that “the Camp Board expressly and unequivocally rejects and denounces the nature and content of the social media posts that were ‘liked’ (by Brodovsky) and in no way does that personal activity reflect the views of BB Camp or its Board.”
That statement refers to several social media posts which were posted by someone (or perhaps a group) that goes by the name “Rusty Robot,” which were posted in the spring of 2024, and to which Jacob Brodovsky attached his name as “liking” them.
There had been a myriad of accusations levelled against Brodovsky on social media, and one website in particular had been leading the charge to have him dismissed. That website not only ran several articles demanding that Brodovsky be fired, it allowed a slew of comments to be posted – many of which contained highly incendiary accusations against Brodovsky. (There were also a great many comments coming to his defence.)
In its announcement of Brodovsky and the camp parting ways, the Board goes into great detail about where certain areas of the camp’s operation need to be strengthened. The announcement says “Through this period, we have undertaken a careful and thoughtful review of our Camp’s policies and have taken guidance from experts in the community. While we believe strongly that the Camp has been, and will continue to be, a safe Jewish place for children, we have nonetheless identified areas where improvement is warranted, and the Board has agreed to pursue these steps to benefit the Camp.”
The announcement outlines the areas in which it is seeking to improve certain aspects of the camp experience:
- The Board has adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism and will incorporate it into our Code of Conduct. We believe taking this step gives formality to the Camp’s existing and unbending commitment to Jewish safety and outright rejection of any form of antisemitism or anti-Zionism. Our adoption of the IHRA definition will be posted to our website.
- We will review and update the Camp’s mission statement and core values statement to better reflect the Camp’s fundamental support of Israel.
- Employees and Board members will be required to sign the Code of Conduct, which will outline support of the IHRA definition and include confirmation that they will not publicly promote ideas that are contrary to the mission of the Camp or which are contrary to the IHRA definition.
- We will take steps to hire a Jewish Education Coordinator to develop and implement enhanced Jewish and Israeli programming at Camp.
- We will strike a community outreach sub-committee of the Board to formally engage with Israeli and other community organizations in order to repair relationships and enhance opportunities for collaboration.
- We will take steps to ensure that all Camp staff have a formal ability to communicate directly with the Board.
Yet, nowhere does the Board describe in any way how Brodovsky failed to meet any of the areas which the Board says it will seek to strengthen. It does say though that “Our campers will continue to do what they have been doing for decades: proudly sing Hatikvah daily while the Israeli flag is lowered, participate in meaningful and inclusive daily prayer services, enjoy the “Shabbat Procession” and Friday challah, and feel a connection to Israel and Judaism through our programming.”
Further, the announcement issued by the Board also says that the Board “would like to highlight we were particularly proud of what our Executive Directors initiated last year to support Israelis in need. They engaged with the community to raise funds which were used to bring young Israeli campers from destroyed communities in the Gaza envelope, along with a chaperone, to Camp for a session. This provided an incredible relief to those kids and gave our community’s kids a chance to connect with Israelis who have suffered so greatly.”
It should also be noted that the Board of the Jewish Federation issued a statement on April 14 that gave a forewarning that the BB Camp Board was coming under great pressure to part ways with Brodovsky.
The Federation statement said: “We are aware of the concerning situation regarding BB Camp.
“While BB Camp is governed by its own board of directors and operates independently — as do all of the Federation’s beneficiary agencies — we have listened closely to the concerns of community members, whose trust in the camp has been shaken. The Federation takes these concerns with the utmost seriousness. “Our Executive has already held a number of emergency meetings, and our Board will be meeting on Tuesday night to further discuss the matter. A formal statement will be shared with the community this week.” If there is a statement issued by the Federation we will provide an update to what is clearly an ongoing story. How the camp will reorganize itself this close to the opening of camp season is not explained in the announcement issued by the BB Camp Board. What it does say is that “The Board is actively working on a transition plan that ensures that Camp operates as it always has – as a safe Jewish place for campers to spend their summers, build leadership skills and create memories in an incredible wilderness environment. The Board has great confidence in our returning staff team, including our exceptionally talented Operations, Program and Wilderness Directors, each of whom held the same position last year. Camp has a culture guided by the dozens of amazing staff who commit their time and energy for the benefit of our community’s children. We are blessed to have a strong and capable staff team ready to welcome our campers this summer, and the Board will work hand in hand with them to ensure the Camp’s continued success.” |
Hats off to that hateful website which played such an instrumental role in seeing the departure of someone whom the Camp Board thanks for his “tireless efforts for the Camp over the last four years as Co-Executive Director and his dedicated service in a variety of Camp positions over the last 15 years.” If there is anything more to report on this story, we will do our best to do that here, but in past instances of administrators of Jewish organizations in Winnipeg leaving suddenly, it has consistently been the practice of neither the board involved in that person’s departure nor the person – him or herself, to say anything for public consumption that might explain their sudden departure.