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
The enormous – but little known role that Sheldon Berney played in the building of the Asper Campus
By BERNIE BELLAN Sheldon Berney passed away on July 28 in Palm Beach, Florida.
While his name may not be all that familiar to many members of Winnipeg’s Jewish community – other than the campus’s theatre having being named for him, at one time Sheldon Berney played an indispensable role in the building of the Asper Community Campus.
Six years ago I interviewed Bob Freedman about how the Asper Campus came about. Bob is one great story teller and if you want to see the entire interview (which is over an hour long, you can see it on YouTube at Freedman 2020 interview.)
The reason I’m harkening back to that interview now is to remind readers of the vital part that Sheldon Berney played in the building of the campus.
In fact, he was the the first president of the Asper Jewish Community Campus Board and, while the Berney Theatre is named for him and his picture adorns the entrance of the campus – along with Marjorie Blankstein’s and Bob Freedman’s, the contribution Sheldon Berney made to the building of the Asper Campus deserves to be recounted.
The story begins in 1986 when Bob Freedman had agreed to become the new executive director of what was then the Winnipeg Jewish Community Council. At the time he was executive director of Legal Aid Manitoba.
As Bob told me during our 2020 interview, “I said: ‘Look the only way I would consider doing that is if there was a commitment by the leadership of the WJCC to move the community forward.’ I had no intention of being a caretaker on a sinking ship.”
At the time, it should be noted, Winnipeg had begun to descend into the kinds of problems that have only been magnified in more recent years, including a deteriorating downtown – where the old YMHA was located, on Hargave – and to where an increasing number of parents were hesitant to send their children. Further, many young people had been leaving the city for better opportunities elsewhere.
Bob wanted to bring together a coalition of partners whose goal would be to develop a strategic plan that would move the Jewish community forward and revitalize it.
The first person he approached to be a part of that group was Marjorie Blankstein. As Bob explained, “I approached her and said ‘Marjorie, you’d be the perfect chair of our long-range planning committee’ and she agreed right on the spot. She didn’t need any convincing and that was May 2nd, 1986.
We then started the process, but we didn’t recruit Sheldon Berney, by the way, until a few years later,” he noted.
As Bob explained, together with Marjorie Blankstein, the two of them set out to assess community support for what had still not been identified as the campus project per se; it was more of a “sounding out” of as many different factions within the community as possible to determine how strong the determination was to move forward with a project that would complete rewrite the Jewish community’s direction.
I asked him during that interview how Sheldon Berney was eventually brought on board as a key member of the team.
Bob said that he didn’t really know Sheldon well, saying “I only met Sheldon once or twice. He was busy running the business. It was called “Reliance Products.'”
Here’s a brief excerpt from Sheldon Berney’s obituary as it appeared in the Globe & Mail that gives some detail about his business career, and his commitment to community service and philanthropy :
“Born to Ada (Loban) and Martin Berney, Sheldon lived an extraordinary life in Winnipeg before retiring to Florida. He built a distinguished career in business, joining his father at Reliance Products, which he expanded into an internationally respected manufacturer of plastic containers and camping equipment, celebrated for design excellence.
“A pillar of Winnipeg’s Jewish community and dedicated philanthropist, Sheldon chaired the Society of the Plastics Industry, the Manitoba Institute of Management, and the Young Presidents’ Organization. He served on the boards of the YMHA, CJA, and Victoria Hospital and was a core donor to the Canadian Museum for Human Rights. In the 1990s, he chaired the Asper Jewish Community Campus Board, taking immense pride in helping to bring the project to life.”
It was around the time that the idea for the campus project was being formulated that Sheldon Berney had sold Reliance Products, Bob Freedman recounted.
“Sheldon, at that time, was in his 50s and was basically retired,” Bob said.
“Even though he was not well known in the community,” Bob continued, “he had good relationships with people.” Sheldon Berney also socialized with Izzy Asper; they both had properties near each other in Florida, Bob noted.
“They shmoozed around and socialized…and we figured also he had credibility and had time on his hands, so we approached him, we briefed him, and convinced him we would need someone like him to do a job…In terms of how it was done it was a small nucleus of people who were really the movers and shakers on this….We started what was called the long-range planning committee” and Sheldon Berney “started recruiting people to serve on the committee – so we had financial people who were business people – who were ordinary people in the community.” (In fact, the name of the committee evolved to become the “Implementation Committee.”)
“I think we recruited Sheldon around 1989,” Bob recalled.
“There were two things he (Sheldon) said to us (Marjorie and Bob): “He said if I understand how things work with committees and boards – I have no patience for that…I don’t want to come to a ton of meetings. I want to have the authority to move forward and do things…and perhaps we have to spend money and need board approval – I understand that, but I don’t want the politics. I’ve got no patience for that.
“The other thing he said was when the time comes to raise money,” Sheldon said he wanted to check with certain people to see whether they would give their support to the project.
As Bob said (in his own inimitable way): “He didn’t want them to say you’re out of your f….king mind” and Sheldon would have wasted a year or two of his time.
“And Sheldon came back,” Bob said, “and every last one” of the people he had approached, which were about “four or five or six people and all of them said ‘go for it’ – and Sheldon Berney was on board, not only as a key fundraiser, but as someone who was very involved with finding the right location for the campus.
Bob told this somewhat amusing story about what happened when the initial proposal to build a community campus was for it be built at Waverley and Wilkes.
“But there were hydro towers there…and we had a public meeting and the screaming and the yelling that was going on…” and, as Bob explained, someone approached Sheldon and told him to hire someone with a Geiger counter (to measure radiation levels at the proposed site) – and this was already (19)93.” (It’s hard to imagine that the Asper Campus opened only four years later.)
Even though whoever measured the radiation levels at Waverley and Wilkes ultimately reported that there was more radiation “in your kitchen with appliances” than there was radiation from the hydro lines, Sheldon Berney was warned by someone else that “all we need god forbid is one kid in the school gets cancer and you will be dead in the water, so we agreed to move off” the Waverley and Wilkes site.
Once the plan to build at Waverley and Wilkes was dropped the focus turned to the possibility of buying what had been the Fort Osborne Barracks from the province.
Later on, when the fundraising was in full scale, Bob said that Sheldon Berney again played a key role in convincing Izzy Asper to scale back his insistence on having more representatives on the campus board than anyone else. Asper argued that if he puts up “$500,000 he should have 500,000 votes.”
According to Bob, it was Gerry Gray who told Izzy Asper that, in order for the campus project to be a true community project, if someone were to give “$1,000 that could be a really good gift considering their income and that gift is as important, if not more important than your five hundred thousand.”
But, Aper was persistent, Bob said, and one day Sheldon Berney phoned Bob and said Asper “is driving me nuts…so I said ‘Sheldon, I’ll tell you what. Why don’t you suggest to Izzy” that he contribute two million and “at that time two million was a lot of money…and tell him (Asper) he can have two people on the board.” (Bob explained that they were planning a nine-person board so having two representatives on the board would be a significant number, but at the same time the board was envisioned as not having much responsibility: It “would make sure carpets were cleaned, that the taxes were paid, and all that stuff.”
The next day, Bob said, Sheldon Berney met with Izzy and said to him: “Look, we got to put this to bed because I’m not sleeping at night.” Sheldon said to Izzy: “Here’s the deal: Two million bucks – you get two people on the board. He (Asper) says ‘okay.'”
But, as Bob noted, Izzy Asper continued to be very hands-on with the building of the campus and “he would drive Sheldon nuts and he would drive me nuts and he would drive all of us nuts.”
Sheldon Berney continued to play a key role in the campus project throughout its planning and construction. But when you realize that the campus actually went from an idea on paper in as late as 1994 to a fully finished project when it opened in 1997 (although construction continued even after the official opening in the summer of 1997), it’s rather amazing to contemplate how it all came together in such a relatively short period of time.
In an article in The Jewish Post & News published in May 1995 here is what my late brother Matt wrote about the groundbreaking ceremony for what was to become the Asper Campus. Berney, who was master of ceremonies at the ceremony was quoted as saying ” ‘Over the past six years, we’ve talked to people about the campus many times.’ “
The article continued: “The ceremony ended with Berney taking the controls of a huge yellow track excavator and scooping out a big chunk of earth.
“The groundbreaking was a ‘very exciting step’, he added, noting that demolition of some Fort Osborne Barracks buildings and campus construction would start the next week. ‘You’re all here to dream with me about the day in the summer of 1997 when we’ll all be back again to cut the ribbon on a campus that will be a source of pleasure for all of us.’ “
In the photo, Sheldon Berney (left), president, Asper Jewish Community Campus, is with Larry Hurtig, Winnipeg Jewish Community Council president, who is about to present Berney with a certificate of appreciation.
Later, in our September 17, 1997 issue, Matt chronicled the opening ceremonies of the Asper Campus, which were held on Sunday, September 7 of that year.
Again, Sheldon Berney was front and centre, as Matt noted in his report: “Sheldon Berney gazed at the crowd sitting in bridge chairs on the front lawn of the Asper Jewish Community Campus on the warm, sunny day.
” ‘Many times over the past several years, I’ve painted a mental picture of exactly this scene … ‘ the campus president told the crowd.
” ‘… Standing here at the formal dedication ceremony for the Asper Jewish Community Campus, feeling an enormous sense of pride, an enormous sense of accomplishment.’ “
And, because Sheldon Berney was a behind the scenes kind of guy we never really heard a lot of, yet he’s one of three people (the others being Marjorie Blankstein and Bob Freedman himself) to have plaques with their faces on them greeting anyone who walks through the front entrance of the campus we thought it appropriate to pay Sheldon Berney his proper due.
As the inscription on Sheldon Berney’s plaque notes:
The Asper Jewish Community Campus of Winnipeg
The Centre of Life and Learning
Records its sincerest appreciation to
Sheldon Berney
in recognition of his very special efforts
first, as Chair of the Implementation Committee,
and latterly as Chair of the Board of Directors,
for his outstanding leadership in the conception,
fundraising and construction of these facilities
His dedication and style of leadership stand as an
example to all who would serve.
Local News
Scenes from Shalom Square 2026
Shalom Square – the Israel pavilion, is on until Saturday night, August 8. As usual, audiences have been packing the Rady JCC gym to watch entertainment provided by the Chai Folk Ensemble and Kadima Dance Troupe.
(All photos courtesy of Keith Levit)
Local News
Nakba exhbit at CMHR – you can see it right here and make your own assessment
By BERNIE BELLAN (Posted June 26, updated July 19) The Nakba exhibit at the Canadian Exhibit for Human Rights opened to the public June 27. The morning before the exhibit was set to open to the public, (it had a private opening for invited guests the evening of June 26) we received a press release from the CMHR. That press release gave a very detailed description of what was in the exhibit, along with photos (supplied by Annie Kierans of the CMHR).
There is also a link right at the beginning of the press release that will allow you to watch the same videos that anyone attending the exhibit can watch. We reprinted what was sent to us without making one edit. We leave it to you to form your own opinion as to whether the exhibit is fair in its presentation, and whether it is lacking “context” – which is an accusation that has been levelled at the exhibit’s organizers by some representatives of Jewish organizations.
We have received many emails in reaction to the exhibit. If you have an opinion and would like to see it published on this website, you can send it to jewishp@mymts.net, but please indicate whether you would be willing to have it published on this website.
Here is what we received the morning of June 26:
Winnipeg, MB — June 26, 2026 — The Canadian Museum for Human Rights (CMHR) will open a new exhibit tomorrow that explores human rights violations related to the ongoing forced displacement of Palestinian Canadians.
Palestine Uprooted: Nakba Past and Present will be on display in the Rights Today gallery on Level 5 until 2028. Featuring personal stories told through artifacts and video testimonies, the exhibit presents Palestinian Canadians reflecting on their ongoing struggle for human rights. The small exhibit reveals enduring patterns of loss and resilience, helping visitors understand more about this contemporary human rights story.
Palestinian Canadian stories are now included alongside many other stories of forced displacement and human rights violations featured in the Museum’s galleries. Each of these stories contribute to our visitors understanding of human rights and help the Museum fulfill its mandate to foster reflection and dialogue.
Exhibition highlights
Personal stories and artifacts: Experience firsthand accounts from Palestinian Canadians sharing their journeys of displacement and memory through a series of five artifacts. Cases display artifacts like property deeds, house keys, and a traditional Palestinian embroidered dress, accompanied by short videos that deepen understanding of the impacts of displacement.
Powerful artworks: In her painting Bound Together in Gaza, Malak Mattar, a Gazan artist, captures the struggles and resilience of her generation shaped by conflict. Her work pays homage to Guernica, Picasso’s powerful masterpiece depicting civilian suffering during war.
Curfews and Closures, by Rajie Cook, bears witness to life under military occupation during the 2000–2005 Palestinian uprising, when curfews and closures were expanded and further limited basic rights and freedoms.
Cultural heritage: Discover traditional Palestinian embroidery called tatreez. Tatreez motifs and colours are tied to place, family history and regional identity. Patterns are associated with particular towns, villages or areas of Palestine. In this way, tatreez is a form of storytelling: a way of preserving memory, sustaining identity and expressing resilience across displacement and exile.
Poetry and reflection: Engage with Mahmoud Darwish’s evocative verses, inspiring personal reflection on exile, voice, and responsibility. Visitors can take a card containing Darwish’s poem and add a personal note, fostering ongoing dialogue beyond the exhibit.
Contemporary context: Witness striking images of current events in Gaza and the West Bank, connecting past displacement to ongoing struggles.
Quotes:
“No force can silence the truth we carry. Growing up in Canada, my children lived the Nakba through our stories. And now we watch it happen again, live, on our phones. When I see the images coming out of Gaza, I am not watching the news. I am watching my history repeat itself.” -Fouad Sahyoun, a Palestinian Canadian featured in the exhibit
“We developed this exhibit with a clear awareness that Palestinian Canadian voices have too often been marginalized, silenced or spoken over — and that anti-Palestinian racism affects whose stories are heard and whose suffering is recognized. That is why we intentionally centred Palestinian Canadian voices throughout the exhibit.” -Isabelle Masson, Curator of Palestine Uprooted
“Human rights matter precisely when they are inconvenient, when the question of who deserves the dignity of having their rights recognized is genuinely contested. These are the moments where having a national museum for human rights is most important.
There are people who believe this exhibit should not exist in its current form. There are people who believe it should have existed sooner. There are people who will visit this exhibit and feel that it does not say enough, and others who will feel it says too much.
We have listened to every one of these voices. We have reflected. And we have renewed our resolve to continue the difficult, sometimes contested, and often controversial work of building understanding about human rights. We are a museum grounded in Canada’s human rights framework, whose mandate requires us to bear witness to the full complexity of the human story. We are proud to open this exhibit because the story it tells will help achieve that mandate, and because this story belongs in the collective memory of Canadians.”
- – Isha Khan, CEO
