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
Epic court battle shaping up between Etz Chayim Congregation and two former members who are now barred from setting foot in Etz Chayim
By BERNIE BELLAN Introduction: This story had originally been posted Friday morning, August 14, with a photo of Etz Chayim Synagogue. Then we received an email from Morissa Granove, COO of Etz Chayim Congregation:
“Hi Bernie.
“This request is not about the article itself but the safety of our shul. We have been advised not to post the address or photos of our Jewish organizations publicly for some time for security reasons. Can I please ask that you change the image posted online (and planned for print if needed) and that in this be kept in mind for the future?
“Thank you so much for your understanding,
“Morissa”
We replied:
“Gee Morissa – I’ll do that but maybe you better ask Google to remove any mention of any Winnipeg synagogue because all anyone has to do is do a Google search and they’ll come up with a complete list of Winnipeg synagogues and their addresses – also photos! Do you want me to contact Google for you? Can’t be too careful, can we?
Now, here’s the story as it was originally posted:
The date October 7 carries a huge amount of significance for Jews around the world: It was the date that members of Hamas and other terrorist groups launched a murderous attack on innocent Israelis (and members of other nationalities) that resulted in the deaths of more than 1200 people and the abduction of 251 others.
But it is also a date that may have a significance of a different sort come this October 7 when a Winnipeg courtroom will be the scene of a court case in what is shaping up to be a momentous legal battle between Congregation Etz Chayim and two former members of the congregation who have been barred from attending services – or even setting foot inside the building that houses Congregation Etz Chayim.
Before publishing this article I had sent copies to both sides in the dispute – and offered both sides the opportunity to correct any mistakes they might have found in what I had written. I did receive responses from both sides and have incorporated their suggested corrections into what follows.
The two individuals involved at the heart of this dispute are both former longstanding members of Etz Chayim – and before that, Rosh Pina Congregation: Dr. Emet Eviatar (previously known as Hadass), who had been the Torah reader at Etz Chayim for many years, and who had also led Sunday services; and her husband, well known scientist Dr. David Hoult (who played a leading role in the development of MRI technology and was also very active in the congregation). Drs. Eviatar and Hoult have filed suit against CEC over what they claim was the illegal termination of their membership.
In response, however, Congregation Etz Chayim asserts that it was not a question of membership when CEC exercised its right to refuse entry on the advise of the WPS and security experts who were consulted after a deeply concerning letter was received from one of the plaintiffs by the synagogue.
The filings in this particular case are in the hundreds of pages. I spent two recent afternoons at the Law Courts poring over the filings, and photographed pages of what I thought were some of the most relevant issues at hand so that I could quote accurately from those filings.
While the case may seem hugely complicated, given the number of pages of documents that have already been filed, it seems that it boils down to two essential issues: Did CEC violate its own bylaws (or its own constitution, as the case may be, because at the time of the events in question a bylaw which would have governed who might be excluded from belonging to the congregation had not yet been passed) by terminating the memberships of Dr. Emet Eviatar and Dr. David Hoult? The argument advanced by the plaintiffs is not that a congregation cannot decide who can belong to that congregation. Rather, it is an argument that CEC did not properly adhere to its own bylaws in the manner in which it has excluded the plaintiffs from attending – or even setting foot inside Etz Chayim.
But, a second issue in play – and one which is argued forcefully by CEC in one of its briefs is that the argument Emet Eviatar and David Hoult are advancing has no place in the courts in the first place. As is noted in one of the briefs filed on behalf of CEC: “The dispute is, at its core, about the internal governance of a religious congregation. It concerns who may participate in communal worship, who may participate in communal religious life, and how a synagogue governs itself in response to legitimate security concerns. If it is accepted that the dispute was about ideological differences, as alleged by the Applicants, then these are fundamentally religious questions. The court has no jurisdiction to adjudicate such matters, and ought not to intervene.”
How the parties arrived at this situation is a complicated – but very interesting story.
I, myself was first made aware that something unusual was going on between CEC and David Hoult when I received this email from Dr. Hoult on Friday afternoon May 30, 2025, at 12:42 pm:
“Hi Bernie,
“I have just had a pair of police officers at the door telling me that we are now banned from Etz Chayim and if we show up the police will be called, no reasons given. I suspect it was an accumulation of things, including a letter I sent.
“Shabbat shalom,
“David.”
Later that afternoon I received another email, this time from a member of CEC, who forwarded me an email that had been sent to congregation members by Morissa Granove, Chief Operating Officer of CEC. That email had a letter attached, which said, in part:
“On Tuesday, May 27th, we received deeply troubling correspondence from a member of our community. The nature of this communication raised serious concerns about the safety of our congregants and staff. After careful and deliberate consultation with our Board of Directors, Clergy, the Winnipeg Police Service, the Jewish Security Network, and the Secure Community Network (in partnership with the USCJ), and on their recommendations we have made the difficult but necessary decision to terminate the membership of this individual and all members of their household, effective immediately.
“These individuals are no longer permitted on the premises of Congregation Etz Chayim, nor may they participate in any of our synagogue’s programs or activities.”
The letter was signed by Morissa Granove, Chief Operating Officer of CEC, and Allan Cogan, President of CEC.
What the heck was going on? I wondered. So, I emailed Morissa Granove that same afternoon:
“Hi,
“I received an email from David Hoult telling me that he is now banned from the Etz Chayim. I assume Emet Eviatar is also banned too, judging by the way your email is worded.
“I don’t know David at all – other than having received a piece he wrote about Israel and Gaza that I published to my website. I can’t begin to imagine what he might have written, but in the interest of fair reporting and fuller disclosure, can you say anything more about what he wrote in his letter?
“-Bernie Bellan
“Publisher,
“jewishpostandnews.ca
“also Associate Editor,
“The Jewish Post Winnipeg”
But, Morissa Granove did not offer any more information as to what might have been contained in that “troubling correspondence” which was received by CEC.
It was only when I went down to the Law Courts on August 10 that I was actually able to see what was in that “troubling correspondence.”
But, before I get into what was in that particular communication, even more background to this strange case is necessary.
In an email I received from CEC COO Morissa Granove following my having sent her a draft of this article, she wrote: “Congregation Etz Chayim …has never taken action based on political views. Further, CEC argues that other members, congregants, and guests share Dr. Eviatar’s views and yet there has never been an issue with their behaviour and as such, Congregation Etz Chayim has never taken action against anyone, revoked a membership, or refused entry to anyone based on their political stance.” Dr. Eviatar, in her own words, notes that she had already provoked the displeasure of some members of CEC, including staff members, by certain of her behaviours while, according to Morissa Granove, “volunteering in a leadership role and officially representing Congregation Etz Chayim. CEC …is ‘a Zionist organization’.”
Yet, according to CEC, Dr. Eviatar’s family’s attendance at Etz Chayim was never in question – until a letter was received from Dr. Eviatar’s husband.
As is noted in a brief for the plaintiffs, the following is taken from an affidavit given by Emet Eviatar, which might suggest that her membership in CEC had been called into question long before May 2025:
“In July 2024, I co-founded Manitoba Friends of Standing Together, a chapter of the international support network created by Standing Together. Standing Together is a grassroots joint Jewish and Palestinian organization in Israel which was originally created in 2015 to fight for equal rights for Palestinian citizens of Israel. Since the October 7, 2023 attack by Hamas they have pivoted to protesting the war in Gaza.
“On October 6, 2024, I appeared as a guest on the local CBC Radio Weekend Morning Show, together with Mr. Ramsey Zeid, president of the Canadian Palestinian Association of Manitoba to discuss the importance of having local conversations between Jews and Palestinians…
“Later that week, I received a phone call from CEC Rabbi Kliel Rose and Cantor Tracy Kasner. They informed me that I would no longer be allowed to lead Sunday services. The rabbi also suggested that ‘for my own peace of mind’ I might want to consider finding another congregation (that aligns with my views.”)
“On November 4, 2024, I received an unsigned letter from CEC which was provided to me by the then executive director, Jonathan Buchwald…
“While the letter contains various false statements, and is clearly a reference to my having contact with Mr. Zeid and others in the local Palestinian community, the assertion that I was aligned with an ‘ideology which is mutually exclusive and contrary to the existence of the Jewish people and the state of Israel’ was extremely offensive and hurtful to my being an Israeli citizen, having family who live in Israel, and having served in the Israel Defence Forces.”
Later, on March 3, 2025, Emet Eviatar appeared a second time on the CBC morning weekend radio show, again with Mr. Zeid.
In an affidavit taken from Morissa Granove, Ms. Granove explained the CEC’s objection to Emet Eviatar’s publicly associating with certain individuals while officially representing Congregation Etz Chayim (noting that CEC’s objection bore no consequence to Dr.Eviatar’s or her the family’s membership.)
“This public alignment with parties opposed to Israel raised concern within CEC about potential risks surrounding the Synagogue, especially in times of heightened safety risks and awareness of antisemitic vitriol. These concerns were brought to the attention of Dr. Eviatar. She took no action to mitigate these concerns. As a result, she was removed from a volunteer leadership position she held with CEC. CEC took no action regarding either of the Applicants’ ability to attend the Synagogue as congregants.” In the email I received from Morissa Granove in response to a draft of this article, Ms. Granove added: “Still, her family’s membership was never in question.”
But, in May 2025 something happened that led the CEC to take drastic action against Emet Eviatar, David Hoult and the other members of their household. It should be explained that, according to an affidavit taken from Morissa Granove, who had stepped into the role of Chief Operations Officer of CEC in January 2025, in May 2025 CEC announced it would be adding new security measures, based on a “site security assessment from the Winnipeg Police Service. Officer Constable Justin Remillard (who) attended the Synagogue and provided guidance on improving security.
“Among other things, he advised:
“a) access to the Synagogue should be controlled;
“b) registration and entry lists should be used for programs and services at the Synagogue;”
On May 5, 2025 CEC held its Annual General Meeting. According to an affidavit taken from Ms. Granove, “During discussion relating to security protocols…David Hoult expressed opposition to security procedures such as locked doors at the Synagogue, registration requirements, and screening of visitors.”
The following is taken from an affidavit taken from Ms. Granove: “On May 22, 2025, CEC received a letter from Dr. Hoult. The most significant concern with the letter was that it stated:
‘If, G-d forbid, I wanted to attack the shul on Shabbat morning it would be trivial. A stolen motorbike, onto the lawn, Kalashnikov to shatter the windows, gun down the congregation, drive away, ditch the bike, gun, mask and clothes…” (Emphasis added)
The same affidavit states that, “In that correspondence, he again expressed opposition to security measures and described them as ‘hysteria,’ ‘paranoia,’ and ‘psychologically stupid.’ “
According to an affidavit taken from David Hoult, “My wife and I received no direct communication from CEC advising of the termination of our membership until a cheque with no accompanying letter was received in the mail on June 9, 2025.”
In an email received from Morissa Granove after I sent her a draft of this story she asked that this sentence be inserted: “Congregation Etz Chayim was interviewed extensively by the WPS before going to the home of Dr. Hoult for the service call and had all of the details which were required in order to qualify their actions.”
On September 16, 2025, Hadass (Emet) Eviatar and David Hoult filed an application in Court of King’s Bench to have the termination of their membership declared “null and void,” also seeking an “order to comply with bye-laws” (of the CEC).
In response, CEC asserts that it “has never terminated the Applicants’ membership. Rather the applicants were advised they were no longer permitted to attend the synagogue.” Morissa Granove asked that this be added: CEC “exercised its right to refuse entry on the advice of the WPS and security experts.’
Did it boil down to semantics? I wondered. CEC was saying that it hadn’t “terminated the Applicants’ membership,” yet it returned the cheque they had sent in to pay for renewal of their membership.
However, if it is the CEC’s position that, based on the plaintiffs’ claims as written, this matter is not one that should even be considered by the courts – as is noted at the beginning of this article, then arguments over whether CEC abided by its own bylaws would be moot.
Yet, if the courts might be willing to consider the issue whether CEC did not properly follow its own rules – as set out in its bylaws, then the Eviatar-Hoult case becomes more compelling.
For instance, the issue whether CEC “terminated” the memberships of Dr. Eviatar and Dr. Hoult might take on added importance.
As is noted in a brief for the plaintiffs, the letter sent out by Morissa Granove to members of CEC on May 30, 2025 states quite clearly that “We have made the difficult but necessary decision to terminate the memberships of this individual (Dr. Hoult) and all members of their household effective immediately.”
In this case the plaintiffs (Drs. Eviatar and Hoult) are arguing the nowhere within CEC’s governing constitution (which was adopted in 2014) were there “provisions for the termination of membership.” Therefore, their argument goes, “CEC had no authority to terminate their membership.”
Morissa Granove asked that this be added: “The defendant (CEC), however, argues that the CEC’s governing constitution says that “directors ‘may pass by-laws’ regulating, among other things, ‘the suspension and termination of membership by the corporation and by a member.’ The word ‘may’ is permissive.”
“Thus, CEC is arguing, therefore, that it had no obligation to actually pass a by-law governing the termination of a membership.”
As it was, the by-law was never voted upon, as, according to an affidavit given by Dr. Eviatar, CEC leadership “had not complied with the correct procedure, including giving proper notice.,
However, in her email to me Morissa Granove wrote that “the very same bylaw was passed at a Special General Meeting of the members when Congregation Etz Chayim and its lawyers provided clarity on the proposed changes, which was requested by the members at the conclusion of the AGM to clear up any issue or confusion.”
Further, the letter to CEC members that was sent on May 30, 2025, which said that “These individuals (i.e., Dr. Hoult and any members of his family) are no longer permitted on the premises of Congregation Etz Chayim, nor may they participate in any of our synagogue’s programs or activities” was signed only by the COO and President of CEC.
Whether or not CEC followed proper procedure in whatever happened to Dr. Hoult, Dr. Eviatar, and their other family members will be up to the courts to decide.
But, there is a larger issue at hand. Are there are any rules that might govern how a private organization such as a synagogue should govern itself? And, perhaps even more important, can the courts intervene at all in such a situation?
This case is shaping up to have some fascinating implications.
Local News
Ami Hassan returning as owner of Falafel Place
By BERNIE BELLAN In a surprise move – and after more than a six-year absence as owner of Falafel Place (Corydon at Wilton) the legendary Ami Hassan has decided to return as owner of one of Winnipeg’s most famous eateries.
Long known for his sometimes irreverent attitude to his customers, e.g., “If you’re finished, get out!”, Ami decided to return to running Falafel Place after having retired years ago (or so he thought) from running the Corydon Avenue restaurant.
We asked Ami whether he’ll be sending a special invitation to Julia Roberts to come visit him at Falafel Place. He asked again: “Who’s Julia Roberts?” (Just kidding – he really does know how Julia Roberts is.) Read the story how Ami told her to leave the restaurant and come back later at Julia Roberts turned away from Falafel Place
Ami did note that when customers saw him inside the restaurant one recent day as he was getting it ready for the reopening Monday, August 10, over 20 of them came in asking him if he was open already.
We asked Ami whether the menu will be the same as it was when he last ran the place and he said everything will be the same.
Falafel Place will be open 7 days a week from 7 am – 2 pm. Remember, if you’re finished – get out!
Local News
Bark Mitzvah at the Simkin Centre August 13, 2026
By BERNIE BELLAN On a beautiful summer day at the Simkin Centre residents and family members – along with staff, were treated to a delightful “dog day afternoon” when scores of dogs were brought to the front courtyard outside the centre to celebrate what was titled a “Bark Mitzvah.”

Now, no dogs were called up to the podium to read from the Torah – or even to bark out a blessing, although as I canvassed many owners of dogs that were there – inquiring as to whether their dogs had received any special training for the day, I was pleased to hear that many dogs came from good “Jewish homes” and were good “Jewish” dogs. (I would suppose, in the case of our own dog that would mean that she’s been spoiled rotten.)
Some owners though maintained that their dogs had been brought up quite disciplined – although to be honest none of the dogs that I saw seemed to be be rigorously paying attention to any commands. Most were of the Goldedoodle, Yorkie variety. There was one rescue dog in the midst. It seemed quite confused, surrounded as it was by all those lap dogs.
The entire event was presided over – with great humour, but also a certain amount of seriousness, by Rabbi Matthew Leibl, who explained to the very large audience why having a special day celebrating dogs was entirely consistent with Jewish tradition.
Following is part of the transcription of an interview I conducted with Rabbi Lebil following his remarks explaining why he thought holding a “Bark Mitzvah” would be a good event to have. (You can watch the entire video at the end of this story. But where there was a great deal of laughter coming from people who were listening to my interview YouTube inserted the word “laughter” – which should give you an idea how fun an interview it was.)
As Rabbi Leibl explained to me, “I’ll tell you a serious story. When I was training – and I trained with Rabbi Annabal Mass… our teacher, Rabbi Steven Glade, encouraged everyone to consider a blessing of the animals ceremony because he said it’s a monster event. Just look around. It brought out so many people. It’s one of those events you can tie in loosely to a Jewish event – which it is. I mean we did it on Rosh Chodesh Elul- the new year of the animals and this whole idea it’s very similar to Tu B’Shvat- reimagining something old from Mishna to do it like this – but look at the attendance. I mean everyone wants to bring their dog and at a personal care home they say that music, babies, and dogs are the three biggest things that get through to everyone.”
I had to ask about kashrut, however (as I’ve been told repeatedly that kashrut is an essential element of the Simkin Centre – no matter how few residents may care about kashrut. Look – if I’m sent to cover something as frivolous as a “Bark Mitzvah” you can hardly expect me to refrain from going after my pet bugaboo at the Simkin Centre – and how ridiculous it is to require that the centre remain kosher when most of the residents could care less about kashrut), so I said to Rabbi Leibl: “No milk bones here, I hope. I expect that this is a strictly kosher event.”
His response: “I’m not sure. I wasn’t put in charge of that, so I can’t say. But no one’s going to be serving them any of the food that we eat. I can tell [laughter] you that.”
I said: “I’m not sure how to read that. [laughter].”
I asked whether there were Jewish dogs mixed in with non-Jewish dogs? (Dog assimilation is a serious issue.)
Rabbi Leibl replied: It’s inter denominational. [laughter] . I guess I don’t think we check to see if the dogs were uh circumcised. “
I asked: “Are we… [laughter] Are we mixing Jewish and non-Jewish dogs?”
Rabbi Leibl: “I don’t know that dogs have a faith. I’m not sure. I think they do. I think they’re of all faiths. ”
I asked: “Okay. And you know where bark mitzvahs originated?”
Rabbi Leibl: I’m sure it’s probably something silly.
Me: “It was gay guys in New York.”
Rabbi Leibl: ” Really?”
Me: ” Yes. Because they didn’t have kids. They started having bark mitzvahs.”
Rabbi Leibl: “That was probably more of an individual dog thing. This is a communal thing. It’s just a catchy title for publicity, Bernie. It’s the blessing of the animals. That’s the real thing.”
Me: “I was told that some of these dogs are on medication – as are many of the residents.”
Rabbi Leibl: “That’s low hanging fruit, Bellan. Low hanging fruit.”
Here’s the complete video of my interview:

