Local News
JNF-Canada responds to CRA decision to revoke its charity status
(Posted August 30, 2024) We have been attempting to provide full information as to the ongoing situation in which the CRA has revoked JNF-Canada’s charitable status. Elsewhere on this website you can read stories that outline what has happened.
On August 28, JNF-Canada sent an email to supporters in which it provided a rigorous defence against the decision by the CRA to revoke its charitable status.
Here, in full, is what that email contained:
| Dear JNF Supporters, We thank you for your continued support and attention during this ongoing matter. The number of kind calls, texts, and emails to our offices have been overwhelming. Todah Rabbah. The following is JNF’s official response to the claims made in the CJN. The most upsetting thing about the article is that it plants doubt in our supporters minds. Your generosity and support is not something we take lightly, and keeping your trust is our #1 priority. Thank you for taking the time to read it and as always, we welcome any questions or concerns you might have. In the coming days, we will also be releasing additional documentation that we have submitted to the CRA to further explain JNF’s position. We believe we have a strong legal case, have more than demonstrated cooperation and compliance with CRA, and we are proud of what we have achieved in Israel and across Canada thanks to you – our donors and supporters. You can also read the following statement on our website. |
| JNF Canada’s Official Response to CJN 15+ Million Trees is No Gimmick We wish to respond to the recent coverage in the CJN with respect to our multi-year battle with the Canada Revenue Agency (CRA). It is time to set the record straight. Although JNF was in regular contact with the CJN reporting team prior to the publication of the article on the history of our relationship with the CRA, we were never asked for our views on critical issues raised in the article. Furthermore, the behaviour of the CRA or their findings, are never questioned or criticized. Rather, it assumes that the CRA is righteous and just, and JNF is the guilty party. Not surprisingly, this leaves the readers with a one-sided and unbalanced impression. A few issues raisedDue to human error, we provided the CRA with documentation on the wrong psychiatric hospital project. We annually oversee funding for multiple projects and at the time, we were supporting two psychiatric facilities in Jerusalem. A phone call would have quickly resolved the matter.Hebrew is the language of work in Israel, the language in which we receive 100s of documents, and a language our leadership can read and work in. While there is no law that requires documentation to be submitted to CRA in English or French, we should have translated certain documents to make it easier for the CRA to review. Again, a phone call would have resolved the matter quickly.A statement from a staff person that trees are simply a marketing trick – what? JNF has planted 15+ million trees over the decades – that’s in no way a “gimmick”. It’s integral to our entire organization and we are proud of this work.And still, these are periphery issues in the matter of our revocation. The CRA revoked our charitable status without a fair process even though we have addressed their principal concerns. Fundamentally, CRA is questioning our charitable objects and therefore our charitable activities in support of the people of Israel. |
| The JNF-CRA Relationship The CJN misconstrues the nature of the timeline between the CRA Charities Directorate (“CD”) between 2014, the year the auditors came, and August 10, 2024, the date of revocation. The CJN article says that the CD, for example:“lost patience”“had known for years … major concerns with how the Charity operates”“warned them again in 2023 and in 2024”“warned repeatedly to clean up its act between 2016 and 2023”The entire CRA-JNF relationship was based, rather, on the premise of investigation/prosecution/sanction. This approach is in accordance with provisions of the Income Tax Act (ITA), read literally, but is not in accordance with CRA official guidance and not in accordance with the treatment afforded to almost all other charities. There were no “repeated warnings”. There were repeated accusations, all of which were addressed by JNF. Over the course of the 10-year process, CRA refused on more than 10 occasions to meet with JNF representatives. Throughout, CRA simply threatened revocation, rejecting all of JNF’s requests to discuss solutions in person. Furthermore, evidence suggests that CRA took a position in the process prior to even conducting the actual audit. As early as 2013 a representative of CRA said to the CRA audit team that the campaigns and complaints of JNF’s detractors provided “excellent background about the Charity…and a view of potential areas of concern for the current audit.” It was not until JNF obtained access to CRA’s heavily redacted audit file in July 2021 that JNF learned of the extent of the role of its detractors in the audit and sanction process. Interestingly, the redacted materials fail to divulge the fact that JNF’s most vociferous detractor had submitted over 100 pages of writing to the Director of the Charities Directorate (CD) and had actually met with him in October of 2017. This fact was only discovered by JNF in August 2024. Why did the Director of the CD meet with a major detractor, and not understand that it was therefore incumbent upon him to meet with representatives of JNF? Instead, there was unrelenting determination to revoke JNF from the outset, due almost entirely to the CRA’s apparent but unexpressed view that JNF was entirely subservient to Karen Kayemeth Le’Israel (KKL), and therefore that it did not undertake any independent operations. All of the detractors have taken this view. None accord JNF any existence or integrity independent of KKL. We point out that, to address this, we have reduced the number of our projects with KKL, entered into a robust compliance agreement with them, and changed the way that KKL describes its relationship with our charities on its website. KKL works for JNF Canada, just like any other agent that we utilize. (The term “agent” is CRA nomenclature. If a charity is doing work in a foreign country, they need an agent to assist with their charitable work.) JNF’s leadership selects the projects we wish to support, and we always have direction and control over all of the funds, as we only reimburse expenses upon receipt of valid expense reports. In short, we have addressed the CRA’s concerns. In summary, this was a vigorous prosecution from Day 1. There was no discussion afforded to us. Rather, there is evidence of the CRA’s determination to reach a result of revocation from the outset, and there is a reasonable apprehension of bias based on the above and other documents that we obtained through our access to information request. CRA Guidance The CRA’s own published guidelines for applying sanctions highlights the irregularity with respect to the treatment afforded to the JNF. “As a general rule, the Directorate intends to start with educational methods to obtain compliance, and then move progressively through compliance agreements, sanctions, and the ultimate sanction of revocation, if necessary.” Only in cases of “aggravated non-compliance” does CRA decline to follow this approach. CRA has never alleged or maintained that JNF was guilty of “aggravated non-compliance.” There were no educational methods presented nor was there any effort on the part of CRA to develop a compliance agreement. The question for CRA is why it abandoned its own guidance, and whether the detractors played any role in that decision? “Repeated warnings” The recent CJN article mentions a 358-page document. The 358 pages is actually several documents. The sequence of messaging in the documents is not “repeated warnings” – it is CRA’s position repeated several times, in a process in which JNF offered a vigorous defense. CRA actually abandoned several arguments including those related to KKL, as well as to projects on disputed territories and projects situated on IDF land. Nevertheless, we made changes even though we disagreed with the CRA’s legal reasoning. There are several other documents, from both sides, subsequent to the 358 pages of documents. JNF’s full position is stated in multiple submissions, most of which, unfairly, are not referred to in the CJN article. JNF’s last submission of October 2023 is over 90 pages long. JNF presented a detailed and well reasoned legal argument based on dozens of precedents prepared by an eminent lawyer, and CRA’s response did not address these issues at all. The CRA letter of July 2024 purports to deal with the arguments raised in our October 2023, but fails. Our position was ignored. “One last chance” The CJN claims that the CRA gave JNF “one last chance.” The timing and the legal logic are incorrect. JNF had a legal right to object to CRA’s ‘notice of intent to revoke’ letter of August 20, 2019. There is no discretion or power in the CRA to “give” a charity ‘one more chance’. JNF prepared a Notice of Objection to CRA’s notice, on October 18, 2019, and requested that CRA provide JNF with its whole file, as it had a legal right to do. CRA provided a heavily redacted file on July 21 2021, 18 months later. JNF prepared two further submissions as part of this appeals process, the second of which was submitted on December 17, 2021, after it had had a chance to review the heavily redacted file. CRA provided its response to JNF’s appeal in a letter dated July 26, 2023, another 18 months later. JNF responded in October 2023 with its 90-page letter. There was no ‘one last chance’ and the origin of CJN’s February 2023 date is a mystery. Three full years of the delay were caused by CRA. The CJN article makes it appear as though JNF never responded to ‘warnings’ and that the CRA, out of the sheer goodness of their collective hearts, gave the truant ‘one last chance’. The exact opposite is true. We have responded to all of their communications, addressing their concerns or expressing our objection of their position. It’s worth adding that each CRA letter in the process dropped significant arguments that had been sufficiently refuted by JNF, despite their unrelenting drive to revoke JNF’s registration, contrary to its own guidance. Improvements since 2016In 2016, JNF Canada retained legal counsel who has not only represented us to CRA but has also filled the function of a compliance officer. We have worked closely with David Stevens (Gowlings) and his colleagues for over 8 years, to ensure that our undertakings are CRA compliant.JNF Canada has worked side by side with Keren Kayemeth L’Israel for decades. There was confusion about the relationship. To demonstrate that we are an independent Canadian charity, in 2018, JNF Canada fully rebranded to remove any association with KKL.JNF Canada also rewrote, thereby modernizing and strengthening, the agency agreement between the two organizations and utilized this agreement as a template for agreements with other Israeli organizations. JNF Canada has no exclusive relationship with KKL. Rather JNF Canada works with the best organizations in Israel to advance the projects we select. JNF’s leadership make the decisions with respect to projects that we wish to undertake as an organization. There is no KKL “head office” giving instructions to JNF Canada. JNF Canada hired a Senior Representative based in Israel, to enhance our ability to demonstrate direction and control over our projects, represent JNF Canada and oversee our charitable endeavours there.Before undertaking any project, an Israeli lawyer reviews the ownership of the land to ensure JNF Canada is not doing anything in violation of CRA policies.JNF Canada hired a new CFO who has worked with our legal counsel to improve and enhance our record keeping, ensuring that all activities undertaken are compliant with CRA rules and regulations, and that documentation is collected and filed properly. Moving Forward JNF has launched two legal processes to challenge the revocation notice: July 25, 2024: Federal Court of Appeal appeal challenging the CRA revocation decision on the basis of a misapprehension of the facts and law; flawed and unfair process; and bias. August 20, 2024: Federal Court Application for a Judicial Review of the August 10 revocation notice.At the same time, we are calling on our elected representatives to take responsibility.To date, Liberal MPs have situated the actions of CRA as a bureaucratic response to JNF ‘s charitable objects because of audits undertaken in 2014. If elected officials are arguing that unelected bureaucrats have been delegated the authority to make a decision of this magnitude, that was a mistake. The Government should take responsibility. The Minister of National Revenue and the Government of Canada should put the revocation of our charitable status on hold until the courts have ruled, as is customary in situations like ours (based on our lawyer’s review of over 200 cases). JNF Canada should be provided the fundamental value of the presumption of innocence, especially because we are not an aggravated case.While for the time being we are not allowed to issue charitable receipts, please rest assured that we will continue to raise funds in support of building Israel’s social infrastructure to the benefit of vulnerable populations such as youth-at-risk, victims of domestic abuse, children with special needs, veterans and the disadvantaged. Hurting JNF hurts Israelis who need our help the most, especially as they try to recover from the horrors of October 7.There were many opportunities to solve this issue short of the draconian penalty of revocation. JNF would welcome the opportunity to find an off-ramp and will, as demonstrated many times before, continue to do whatever is necessary to satisfy the expectations of CRA. We do not ordinarily post comments to this website. (We received too many spam comments when we allowed comments.) But – if you would like to comment on this story – or any other story for that matter, send an email to jewishp@mymts.net– and if the comment is relevant and not defamatory, we will post the comment. |
Local News
Jewish Federation now says Jewish population of Winnipeg in 2021 (according to the census) was 13,940 – not the 16,000 figure that the Federation had been touting for years
By BERNIE BELLAN (Posted Oct. 27, 2026) Longtime readers of The Jewish Post & News (and this website) would probably know that I have long had a very strong interest in establishing as accurate figures as possible when it has come to reporting the size of Winnipeg’s Jewish community.
For years I argued that our Jewish Federation was exaggerating the size of our Jewish population. I heard the figure of 16,000 bandied about by leaders in our community quite often when it came to reporting the size of our Jewish population – without any empirical evidence to back that figure up.
I had long maintained that the only reasonably accurate figures when it came to reporting the size of Winnipeg’s Jewish population were those produced by the late Evelyn Katz, when she was the unofficial demographer for the Jewish Federation – over 30 years ago. What Evelyn would do is keep careful track of births, deaths, numbers of newcomers but, perhaps most important: the number of people who had left our community.
Thus, in August 2022 when I interviewed Faye Rosenberg Cohen who, at the time, was just about to retire as the Jewish Federation’s Chief Planning and Allocations Officer, I was somewhat astonished to hear Faye say, when I asked her what proportion of our Jewish community was made up of immigrants, she answered that “I can honestly say when I look at those numbers it’s somewhere around 1/3 of the community.”
In response, I asked: “So you’d say it’s somewhere between 4-5,000?”
Faye said: “I think it’s more than that.”
I wrote in that article, “I indicated my skepticism at that time, saying ‘You know that I’ve always been skeptical about the numbers that have been used by the Federation for the population of the Jewish community. I think though that it’s always been more of a case of identification – who identifies as Jewish.’ ”
Later, after the results of the 2021 census were released, I wrote that “if you take into account the results of the 2021 census, the Jewish community cannot be larger than 14,270 at a maximum. But that figure would also include anyone who had either said either their ethnic origin was Jewish or their religion was Jewish.”
Since many of the individuals who had said on the 2021 census that their ethnic origin was Jewish, but their religion was something else, I maintained that ascertaining the real size of our Jewish community was highly problematic.
Still, for the sake of argument I was willing to accept that, realistically, it was somewhere between 13,000-14,000 – but nowhere close to the figure of 16,000 that had come to be suggested by our then president of the Jewish Federation or by other leading figures in our community.
So, it was with a sense of satisfaction that I heard Sharon Graham, who is now the Jewish Federation’s Community Planning and Allocations Lead say to an audience of over 50 people who were at the Gwen Secter Centre on Thursday, October 22, that the Jewish community in 2021 was – at a maximum: 13,940.
Sharon was at the Gwen Secter Centre to speak to Remis Lecture attendees. Her presentation preceded a presentation by Jewish Federation CEO Jeff Lieberman. Sharon used a PowerPoint presentation to provide some very interesting insights into where our Jewish community was at in 2021- and I’m offering some parts of her presentation here for you to read because I thought they were so interesting.
I had actually made many of the same observations about the results of the 2021 census in my own reporting back in 2022, but seeing what I had written confirmed by the Jewish Federation’s point person on planning told me that Sharon has a much more realistic view of our community than did Faye Rosenberg Cohen.
Here, for instance, is a slide that shows the proportion of our Jewish community that is made up of immigrants. It’s slightly under one fifth, not the one third percentage that Faye had suggested.
But, what really set Sharon’s presentation apart from anything else I’ve ever seen presented by someone from the Jewish Federation – other than the aforementioned Evelyn Katz, was the slide she projected which showed that, while there had been a large influx of newcomers to Winnipeg’s Jewish community between 2016-2021 there had also been a significantly high number of people who had left our Jewish community in those same years, as you can see in the following slide:
That is something we just don’t hear discussed by leaders of our Jewish organizations, but let’s be realistic: For many newcomers who came to Winnipeg and were counted as new members of our Jewish community, Winnipeg – for a variety of reasons, was a stepping stone to other communities. It may have been for reasons of better job opportunities, moving closer to other family members, or – the reason that we hear so often when it comes to people saying they want to leave Winnipeg: the weather.
But, whatever the reason, Sharon’s figures show that, as much as GrowWinnipeg may have been an abiding success when it’s come to attracting newcomers to our Jewish community here, getting them to stay long term is a different story.
And, while there were other aspects of Sharon’s presentation that certainly merit discussion, especially the figures she produced about intermarriage, rather than delving into them here, I thought it useful simply to insert them for you, the reader, to see – and draw your own conclusions.
Local News
Marty Green expands his protest against extremist Jewish settlers to two more venues – and is arrested twice more
(Tuesday, October 27) We received the following press release about Marty Green being arrested again, both at the University of Manitoba and at Shaarey Zedek Synagogue:
Both sides came to blows on Saturday, October 24, at the Shaarey Zedek Synagogue as security personnel sought to prevent Marty Green from interfering with synagogue traffic as he protested just outside synagogue grounds against the actions of religious settlers in Israel’s occupied West Bank territory. Synagogue Executive Director Rena Secter Elbaze quickly intervened to prevent further escalation. Police arrived shorty thereafter and detained Green for 45 minutes before driving him home and releasing him. It is not clear whether their decision not to lay charges was the result of their own onsite investigation or whether it was at the request of the synagogue executive.
Green has now been arrested four times in the last month and faces multiple charges for disturbing the peace, including two episodes at the Asper Campus and one more this past Friday (Oct. 23) at the University of Manitoba. While Green says initially he was merely handing out leaflets (at the Asper Campus), since his first arrest on September 23, he has returned to the campus with a large placard and an acccordion, accompanying himself while singing songs with lyrics that include such phrases as “The Jews Are Bananas….B-A-N-A-N-A-S”. In addition to listing actions of the religious settlers as including arson, vandalism, and theft, he pointedly alleges that the IDF has been backing up the settlers in their actions.
Green had earlier notified the Shaarey Zedek that he was contemplating bringing his protest to the synagogue. He was told that if he attempted to enter the grounds he would be prevented from doing so. At that time, Secter Elbaze told Green that his intentions were inappropriate, declaring the synagogue to be “a house of worship dedicated to prayer, learning, community, and spiritual engagement.” Green responded that if the synagogue were willing to contact the Crown and inform them that “that there was never any legal basis for their claims that I was conducting myself inappropriately at the Asper Campus” (with regard to his earlier arrests) that he would “voluntarily refrain from carrying his informational campaign to the synagogue(s).”
Green further argues that the recent “psak” (religious ruling) by leading Israeli rabbi Rov Dov Lior, in which Lior declares that it is not merely permissible but praiseworthy for Jews to steal olives from Arab orchards….that this ruling brings his protest within the proper realm of religious discourse. He says further that if the local rabbis were willing to speak out to their congregations against the aforesaid psak, that he might have refrained from taking his campaign to their grounds.
Although Green was released on Saturday without charges, police confiscated his placard. They explained that it was being held as evidence pending an investigation by Major Crimes as to whether it constituted hate literature.
There was no further information given as to what happened at the University of Manitoba.
Local News
Third annual JFest Winnipeg will be offering programs for all ages
By MYRON LOVE JFest Winnipeg is back with a good variety of musical performances, a book launch, popular Jewish-themed films, children’s activities, and a family-oriented Shabbat dinner.
“JFest,” observes Laura Marjovsky, the Rady JCC Director of Programming, “is an opportunity for our community to experience Jewish art and culture. With our range of JFest events, we are trying to reach out beyond what has been our base audience and appeal to all ages. We have a commitment to bring top notch Israeli performers to share the highest caliber of Israeli entertainment with our audiences.”
The week-long festival (November 14-21) kicks off with a performance by top-ranked Israeli singer-songwriter Harel Skaat. The popular Israeli star began singing as a child. He shot to fame when he finished second in the second season of “Kochav Nolad” – Israel’s version of “American Idol.” His first album was released in 2006 and achieved Platinum status – with one of the songs being ranked as “song of the year.” He followed that up in 2009 with a second album that reached Gold status. In 2010, he represented Israel at the Eurovision competition.
Skaat’s performance is scheduled for the Seven Oaks Performing Arts Centre (which is attached to Garden City Collegiate) beginning at 8:00 P.M. on Saturday, November 14. Patrons will have the opportunity to purchase an enhanced ticket to attend a meet and greet with Harel.
All other JFest programs and activities will be at the Rady JCC.
Music Producer Karla Berbrayer says Ben Caplan’s performance on Saturday, November 21 will also be another highlight. “Ben Caplan redefines what it means to be a modern folk artist,” Berbrayer says. “His music and stories are matched by his larger-than-life stage presence. This concert focuses on how his Jewish upbringing has influenced his entire performance career.”
“Flatland Famous” is returning by popular demand. This quintet, known for its performances at Winnipeg Jets games, will be presenting its concert, “Jewish Soul of Rock and Roll,” on Wednesday, November 18, at 7:30 pm. This year’s show will feature songs by Amy Winehouse, Neil Diamond, Barbra Streisand, Simon and Garfinkel, and other famous Jewish icons.
On Tuesday, November 17, local author Deborah Schnitzer will be taking centre stage with the launch of her new book, “The Woman Who Swallowed West Hawk Lake.” The University of Winnipeg English Professor Emeritus’s new novel explores intergenerational trauma related to Nazi breeding programs. Joining Schnitzer on stage will be a panel of professionals who have experience working with children who have experienced trauma.
And of course, “Best of the Fest” is back. Films to be presented will include“The Floaters” and “We Met at Grossingers,” two wildly popular movies at last spring’s Winnipeg International Jewish Film Festival.
“The Floaters,” to be screened on Monday , November 16 at 7:00 pm is a funny and bang-on depiction of Jewish summer camp culture.
“We Met at Grossingers” is a loving look back at the Borscht Belt in New York’s Catskills, where generations of young Jewish performers earned their dues and developed their acts. The film will be screened on Thursday, November 19 at 7:00 P.M.
On Friday November 20, JFest will host a Family Shabbat dinner featuring Anat Kriger, an Israeli-born, Toronto-based musician, actor, and children’s performer, who has made several appearances in Winnipeg at major communal events.
Kidfest on Sunday, November 15, will be a day-long potpourri of programming that will include live performances, workshops, bouncy castles, games and crafts, and much more.
Readers seeking more information about JFest can contact Laura Marjovsky at 204 477-7539 or lmarjovsky@radyjcc/com
