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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
Hundreds rally against opening of Nakba exhibit at Human Rights Museum
By NOAH STRAUSS Around 300 people gathered outside the Canadian Museum for Human Rights on Friday during the grand opening of the museum’s newest exhibit, “Palestine Uprooted: Nakba Past and Present.” (Ed. note: The CBC report on the protest said there were “100” people at the rally. I know there were more than 100, but I’m not sure there were 300 either.) The exhibit, which had a limited number of tickets available for opening night, sold out. The Canadian Palestinian Association of Manitoba had originally planned a rally in support of the exhibit’s opening, but it was cancelled just days before the event.
The Nakba, which means “catastrophe” in Arabic, refers to the displacement of an estimated 750,000 Palestinians during the 1947–1949 war surrounding the establishment of the State of Israel. The exhibit has drawn criticism from members of Winnipeg’s Jewish community and others who argue that it does not acknowledge the displacement and persecution of Jewish communities in many Arab and Muslim-majority countries following Israel’s independence and the 1948 Arab-Israeli War. Historians estimate that between 850,000 and 950,000 Jews left or were expelled from Arab and Muslim-majority countries during the decades surrounding Israel’s establishment. In countries including Iraq, Egypt, and Yemen, many had their property confiscated, while others left because of persecution or increasing hostility.
Supporters of the Jewish community came from all faiths and backgrounds. The Jewish Post spoke with Lisa Lewis, a longtime supporter of the Jewish community.
“I think there is a crisis of antisemitism happening right now,” Lewis said.
She was one of many non-Jewish community members who attended the rally. Lewis said she has been an active ally since the 2000s, helping Argentine immigrants come to Canada. Following the October 7 attacks on Israel, she said she has become a more vocal supporter of the Jewish community. During the rally, she wore a Magen David necklace.
Lewis also criticized the museum’s approach to the exhibit.
“The Jewish community organizations that represent the majority of the Jewish community weren’t consulted on something like this,” she said.
Cindy Clubb, another ally of the Jewish community who attended the rally, also voiced her concerns.
“I grew up with prominent businesspeople and members of the academic and medical communities. I don’t know what we would do without our Jewish cooperation. So I’m up here to support them, and I think all of Winnipeg should be out here,” Clubb said.
One protester, who identified herself as Michelle, said, “We are against the Nakba exhibit. It’s all lies.”
Gustavo Zentner, Vice President of CIJA Manitoba and Saskatchewan, said, “We are calling on Minister Miller to hold the museum leadership accountable. The Minister of Canadian Heritage needs to ensure that national institutions are not weaponized against Canadians to serve a one-sided political agenda. These concerns were expressed not only by the Jewish community, but by many concerned Canadians. At its core, this is a Canadian issue.”
Zentner did not participate in the community rally. He went on to say, “We are proud of the many community members, allies, and organizers who gathered at the museum before Shabbat began to demonstrate their concerns.”
The museum defended its decision to present the exhibit. CEO Isha Khan said that “human rights matter precisely when they are inconvenient.” She added that the museum “belongs in the collective memory of Canadians.”
The exhibit is scheduled to remain on display until November 2028.
Local News
Interviews with the curator of the Nakba exhibit and the CEO of the Human Rights Museum
By BERNIE BELLAN On June 26, I was invited to attend the Canadian Museum for Human Right to see the Nakba exhibit prior to its being opened to the public. While I was there I was given the opportunity to interview the curator for the exhibit, Isabelle Masson, along with CMHR CEO Isha Khan. What follows are the transcripts of those interviews (edited only to remove pause words like “uh” and phrases that were repeated). The first interview was with Isabelle Masson:
Jewish Post: Several representatives of Winnipeg Jewish community organization say that they weren’t fairly consulted on this exhibit. How do you respond to that?
Masson: We came to this project with an awareness that Palestinian voices are often marginalized, even silenced, and an awareness that Islamophobia and anti-Palestinian racism have an impact on whose voice is heard and whose suffering is recognized. And so we intentionally chose to centre Palestinian voices with this exhibition.
JP: But to the point that many Jewish representatives of organizations and people within the community at large feel that the Jewish community should have been consulted on an issue that had such a direct impact on the Jewish community – did you not feel an obligation to consult with the Jewish community?
Masson: I think the best person to talk further about this issue is our CEO, Isha.
JP: In terms of the exhibit itself, I must say it really stresses the suffering that Palestinians have endured. But, in looking at other refugee situations around the world, the Palestinian situation seems to me to be unique in that there has never been an effort to resettle Palestinians within the countries to which they were forced to flee.
Do you not think that separates their situation (from other refugee situations) and, in some ways, it has made their situation worse than it could have been?
Masson: Well, the exhibit not only centres that experience of forced displacement and disposition as a longstanding experience across five generation that you know is tied to human rights violations that are ongoing today, but it also I want to point out, you know, foregrounds beauty, foregrounds resilience, foregrounds the maintenance of identity and belonging across time and across that experience. So there’s also these elements about this exhibition because it was also about humanizing Palestinians – about people with families with stories, with creativity – and coming back to some of the videos what interviewees say, right, we hope that Palestinians can be seen as fully human and hope that they can see Palestinians as having human rights and this this story today in this gallery is is a story about human rights.
JP: If I can focus on one particular aspect of the exhibit that I read this morning when I was sent the preview, it referred to what happened between the years 2000 and 2005 as a Palestinian uprising. But the Israeli term would be the Intifada which for them meant large-scale attacks – terrorist bombings by some Palestinians. Did you not think it necessary to include that in a larger context?
Masson: Well, we use uprising because it’s the most more accessible term in the exhibition and we, you know, we’re focusing really here on an artwork by artists – Palestinian American artist Reggie Cook and with an artwork that was trying to translate the experience of of occupation into what is created. So that’s the context in which we talk about that.
JP: But to ignore what happened during the uprising seems to me to leave out a major part of the context.
Masson: I don’t think that we are ignoring that. This exhibit is not about the full story of what has happened in Palestine, in Israel. It’s not, you know, the scope of this small exhibition. This small exhibition has a scope and the scope was really to create an opportunity and a place for Canadians to be able to encounter Palestinian Canadians and hear their voices.
JP: Given the current mood in the Middle East and the ongoing tensions between Israel and various other actors, the concern among many in the Jewish community that this is going to lead to a heightening of antisemitism and an exhibit like this seems that it’s not going to do much to improve relations between Jews and Palestinians when it focuses on only one side of the story. How do you respond to that?
Masson: Well, this is only one exhibit of of many, of many stories that we have.
Following is my interview with Isha Khan. Khan began by explaining that she is “the CEO at the Canadian Museum for Human Rights and I’ve been here as CEO of the museum since August of 2020. So almost six years.”
JP: So let’s get right down to discussing (the exhibit). I spoke to the curator. I asked a lot of questions about the exhibit itself. I’m more interested in asking (you) about the general context and the atmosphere in the community. The accusation has been made repeatedly by various leaders of Jewish organizations that you have not been willing to consult on this exhibit. How do you respond to that?
Khan: I think the word consult can mean many things. We have a community engagement practice. So for us that means that depending on the scope of the exhibit and this exhibit is about Palestinian Canadians and their experiences, the impacts of the human rights impacts, of forced displacement, which means we engage with that community as we share their stories. Many folks in the Jewish community will say we haven’t consulted with them and yet we have met with leaders of Jewish organizations from across Canada, main uh, major federations, foundations, local Jewish organization representatives many times to talk about this exhibit, to explain what its scope is, what it’s about, what it’s intended to do, and most importantly, what it isn’t. And unfortunately there continues to be misconceptions about what it is. So we hope people will come and see it.
JP: I think the fear in the community – and I think it’s well founded is that this will foment an increase in antisemitism. Can you understand that concern?
Khan: Absolutely. I personally and any member of our team who’s talked to folks about this has said that we unequivocally share the concern about antisemitism in Canada today. That is part of our mandate. And we will continue to do that work and we can also share these stories of Palestinian Canadians – you know, telling the story of one community’s human rights violation in no way should negate or minimize the experience of another community. That’s what this museum was designed to do….designed to build understanding of shared humanity and that’s what we believe we’re doing responsibly.
JP: Just before I began this interview, I was taken (down to the fourth floor; the Nakba exhibit is on the fifth floor) to see the gallery of other human rights violations. I’m not sure what it’s called. (It’s where there is a ) recitation of various human rights violations, including what happened in 1947 and 1948 (in Palestine). They offer passing reference to the displacement of both Jewish and Palestinian refugees. Would you consider ever having an exhibit about the displacement of Jewish refugees from Arab lands in 1948 and subsequent years?
Khan: We would absolutely consider it and in fact have shared with leaders of the Jewish organizations months ago that yes, these are important stories that need to be told (and) invited them to work constructively with us on developing that content. Unfortunately we didn’t really receive much response.
JP: How long is this exhibit supposed to be on for?
Khan: So this exhibit right now we’re saying is a minimum of two years. That’s because it is an exhibit in a standing gallery and so it also depends on our updating of our other galleries and, you know, exhibits take a bit of time. This one is four years in the making and so we’ve just committed that it’ll be a minimum of two years and we’ll see where things go.
JP: There are a lot of other refugee situations in the world – (for instance) South Sudan, and just this morning I was saying to Isabelle that I received an email about the situation for people from Burundi in the Democratic Republic of the Congo.
I didn’t realize that was a problem. I know that the Congo has had ongoing problems with displacement of populations. It it seems to me it’s not an unlimited number of stories like this you could tell, but there are a lot of others. How do you decide which ones take priority?
Khan: We’re often asked the question of how we decide, and it comes back to how this museum is designed. Each gallery is intended to tell a different story. It has an objective. So this exhibit, Palestine Uprooted, is in our Rights Today gallery. It’s to talk about global human rights issues. And we know that people want to better understand human rights of Palestinians. There’s no question. It’s being talked about, debated, discussed all over the world. And so we’re being responsive there to that need. And we know that Palestinian experiences were under represented in our galleries and have heard that for years. To your point though that there are other stories – the design of this museum is that you ought to be able to feel something, understand something about the forced displacement of one community and apply it to another. So now this story stands along the forced displacement of the Rwanda people, indigenous peoples, Ukrainian people, the Igbo people. You’ve named a number of others that we do need to develop content on over time, but it’s done depending on what gallery it is, what we are trying to invoke…because we’ll never be the encyclopedia of all human rights atrocities in the world. That’s actually why we’re called the Canadian Museum for Human Rights rather than the Canadian Museum of Human Rights.
We’re here to to develop an understanding through the stories that will impact people.
JP: Okay. I want to ask a politically loaded question.
Khan: Okay.
JP: The Jewish population of Canada is at best 450,000. In that range, Jews don’t have the political impact that they used to. At most, there are 12 to 16 ridings where the Jewish vote can make a difference. The Muslim population has grown substantially. It has a much larger political impact. Did that factor in to this exhibit being mounted in any way?
Khan: Absolutely not.
JP: So, I’ll ask the question that I asked the curator of the exhibit. Where did the impetus for this come from? Did it come from Palestinian Canadians?
Khan: This exhibit came from a recognition, our decision. I hold responsibility ultimately for the decisions made by my team. It was made based on the recognition that Palestinian experiences were under represented in this museum. We absolutely heard from the Palestinian community organizations in Canada and had heard for many years that their stories were underrepresented. Ultimately, the decision was ours. And as we look at this gallery and updating our content, this is ‘rights today’ – global human rights. We know that the world is talking about Palestinian human rights and the stories of Palestinian Canadians naturally belong in our collective memory alongside many other stories that are told here.
JP: There was one particular aspect on one of the panels when I was sent a preview this morning and it referred to the Palestinian uprising from 2000 to 2005 which led to a lot of Israeli deaths that we generally refer to as the Intifada. There’s no mention of Israeli deaths on that panel. Would you agree that might have been an oversight?
Khan: I mean I know that there the factual point is absolutely accurate. The decisions on the curation of the exhibit are not ones that I make, but certainly if that is a concern that we will look at.
Local News
Nakba exhbit at CMHR now open – here’s what it looks like
By BERNIE BELLAN (Posted June 26)The following press release was sent to me early Friday morning June 26 (Photos supplied by Annie Kierans, CMHR) Nothing that follows has been edited. I leave it to you to form your own opinion:
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
