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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.

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Young pediatrician Daniel Kroft and his Jewish history podcast

By MYRON L0VE It has been said that if you want to make sure to get something done, give the task to the busiest person in the room. That adage would certainly apply to Daniel Kroft.
Although only 30 years old, Daniel, the son of community leaders Jonathan and Dr. Cara Kroft, has emulated both of his parents by being a community leader as well as a pediatrician. In the former category, Daniel  is a member of the Jewish Federation of Winnipeg’s Community Planning Committee  (His father, Jonathan, is a Past President of the Federation). 
The younger Kroft is also a co-founder of the Manitoba Maccabim – a young Jewish advocacy group. He recently joined Belle Jarniewski, executive director of the Jewish Heritage Centre of Western Manitoba, in a presentation to the Internal Medicine Department of Health Sciences Center on the subject of antisemitism.
Professionally, the Gray Academy graduate (class of 2012) is a member of a clinic run out of St. Boniface Hospital, is on staff at the Children’s Hospital, puts in time at the Health Sciences Centre, and serves as a consultant pediatrician at Brandon’s regional hospital.  He also takes trips to northern Manitoba to offer his services.
In addition, he is a member of the Jewish Physicians Association of Manitoba.
With all that on his plate, you wouldn’t think that Kroft would have time for much else.  If so, you would be wrong. Four years ago, he launched a new initiative, a podcast – “The Jewish Story” – intended to teach interested listeners about Jewish history.
The idea came to him, he says, back in 2021, when he was still a medical student.  “It was the time when Black Lives Matter was in the news,” he recalls.  “At med school, we were learning all about Black history and Indigenous history.  I realized that I actually didn’t know much about my own Jewish history.”
The first source he turned to was the Anglo-Jewish historian Simon Schama and his book, “The Story of the Jews”. He followed up with online courses from Oxford and Harvard as well as a lecture series led by prominent historian Henry Abramson.
Setting up a podcast, he notes, required another learning curve. “It takes me about a year to do the research and organize my podcasts,” he reports.  “I had to learn how to do a podcast and about which equipment to buy.  I set up a recording studio in a room in my house.” 
On his website (rss.com/podcasts/thejewishstory/), Kroft describes “The Jewish Story” as “a Jewish history podcast for the 21st century”.  “We use the latest in archaeology, linguistics and historical methods to sculpt the history of the Jewish People from the exodus from Egypt until the present,” he notes.
He started his series of podcasts going back to the beginning – from the earliest evidence of Jewish existence through the establishment of the Jewish kingdom, its conflicts with neighbouring empires, to its destruction by the Babylonians.
And that is just the first episode.
The first season – seven episodes – encompassed Jewish history up to and including the Roman invasion of Jerusalem and destruction of the second Temple in 70 CE. Kroft points out that some of his podcasts feature guest commentators.  In his first season, for example, in the third episode, he interviews Rabbi Matthew Leibl about the relevance to modern Jewish life of the first eight centuries of Jewish history.
In the seventh episode, he discusses with his former elementary school teacher, Sherry Wolfe Elazar ,what lessons modern Jews can learn from the Greco-Roman period for Jewish history.
The second series of podcasts focuses on the development of Jewish life in the first centuries after the Diaspora and the effects of the new Christian and Muslim religions on the Jewish people.  The seventh and last episode of season two features Rabbi Anibal Mass, the spiritual leader of the Shaarey Zedek Synagogue, talking about a wide range of subjects ,including the breakaway Karaites, he definition of Jewish music, and how technology has shaped modern Jewish practice.
The third season covers the 11th-15th centuries while the most recent series of episodes spans the period from 1500 to 1650.  Kroft reports that the next group of podcasts will provide an overview of Jewish life in the 17th and early 18th centuries, including the beginnings of Jewish life in North America.
I asked Kroft when he finds the time to work on his podcasts.  His response: in his spare time – weekends and holidays.
The podcaster reports that when he started, he was getting 30-40 listeners per episode. Now his numbers are up to 200-300 from all over the world.
For readers who may want to hear Daniel Kroft’s story in person, he will be one of the presenters at the upcoming Limmud Winnipeg.  Kroft will be presenting on Sunday, March 23, at 1:30 at the Campus.
 
For more information aboutLimmud,  contact coordinator@limmudwinnipeg.org or 204-557-6260

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Former Winnipegger Ezra Glinter to discuss his new biography of Rabbi Schneerson at upcoming Limmud Winnipeg

By MYRON LOVE The Chabad-Lubavitch movement is one of the world’s largest and best-known Hasidic groups. Driven by the belief that we are on the verge of the messianic age. Lubavitch, under the leadership of the charismatic Rabbi Menachem Mendel Schneerson , has, over the past 70 years.  engaged in an outreach program to the Jewish world which may bemunprecedented in Jewish history.  Wherever there is a Jewish community in the world, no matter how small, you will find a Lubavitcher Rebbe.
I have seen one survey that more younger American Jews – almost 40% -have developed a connection with Chabad than another branch of Judaism.
Last October, former Winnipegger Ezra Glinter published “Becoming the Messiah: The Life and Times of Menachem Mendel Schneerson,” the first biography of Rabbi Schneerson to combine a nonpartisan view of his life, work, and impact with an insider’s understanding of the ideology that drove him and that continues to inspire the Chabad-Lubavitch movement today.
On Sunday, March 23, Glinter will be introducing his biography to his home town as one of the presenters at the 15th Limmud Winnipeg Festival of Jewish Learning.
(Limmud was founded in England in 1980 with the aim to build bridges between professional and nonprofessional educators and between those of differing religious commitments. Today, the Limmud Festival is held in more than 90 Jewish communities in over 40 countries around the world.)
The New York-based son of Nancy and Harry Glinter has had an interesting life journey of his own – a journey that has included his own immersion for several years in the Orthodox world – making him an ideal individual to explore the Rebbe’s life and  work and impact on Judaism.
“It was helpful hat I could apply the skills that I learned in Yeshiva to the research,” Glinter notes. 
The fact that he is also self-taught in Yiddish was also helpful.

Glinter in a graduate of Talmud Torah.  At the age of  16, Glinter chose to pursue a more religious lifestyle.  With his parents’ support, he enrolled in Ner Yisroel in Batimore.
In 2004, after four years in yeshiva, he enrolled at McGill, graduating with a BA in English (in 2008), followed by a year at New York University.  Since then, he has pursued a career as a freelance journalist.  For five years, he served as deputy arts director for the Jewish Daily Forward. Over the past eight years, he has contributed book, theatre and arts reviews and lifestyle stories to numerous prestigious  American publications, as well as the Israeli newspaper Haaretz,”and the Paris Review.
The Schneerson biography is his second book.   In 2016, he published “Have I Got a Story for You” – a compilation of 42 stories – published in Yiddish  in The Forward over its almost 130—year history.  
The stories are an assortment of wartime novellas, avant-garde fiction, and satirical sketches about immigrant life in New York – with short biographies of the contributors. Glinter served as editor of the project – with  the stories being translated into English by leading Yiddish translators who were able to capture the sound of the authors and the subtleties of nuance and context.
Glinter notes that he spent four years doing the research for his current book.  He reports that his Shneerson biography has been generally well-received – although, he adds, there haven’t been a lot of reviews.
“It seems that both followers of Chabad and secular readers appreciate the book,” he comments.
For the past two years, he has been working as the senior staff writer and editor for the National Yiddish Book Centre, which is located in Amherst, Massachusetts.  “We have our own press and newsletter,” he points out.  “We translate newly published Yiddish works into English.”  
  
Readers who may be interested in attending Limmud this year can cal l204 557-6260 or email coordinator@limmudwinnipeg.org. Ticket prices are  $55 for the full day (which includes lunch and snacks) and $30 for a half day attendance.  Reduced rates are available for younnger adults (under 30), students and children.

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Bright future for Israeli-born University of Manitoba Science student Erele Tzidon

Erele Tzidon

By MYRON LOVE Erele Tzidon,  a second year Science student at the University of Manitoba, seems to have a bright future ahead of her. 

Dr. Inna
Rabinovich-Nikitin

The year before last, the Israeli-born graduate of Gray Academy received a University of Manitoba undergraduate research award, which allowed her to pursue research as a member of Dr. Inna Rabinovich-Nikitin’s research team at the Institute of Cardiovascular Sciences, (ICS) researching  the link between pregnancy complications and the risk for heart disease. 


The world-renowned institute, directed by Dr. Lorrie Kirshenbaum, studies heart disease and heart function with the goal of researching means to repair damaged heart cells and prevent heart failure.
This past November, Tzidon was presented with a second award – the Dr. James S. McGoey Student Award – based on the quality of her cardiovascular research at the ICS, which operates out of the St. Boniface Hospital’s Albrechchtsen Research Centre.
“We are very proud of Erele and her achievements,” says Dr. Inna Rabinovich-Nikitin.  “We believe she has a promising future in medical research.”
Originally from Moshav Ginaton in central Israel, Tzidon came to Winnipeg in 2018 with her parents Ofer, formerly  regional manager for a car rental agency in  Israel and now an RBC branch Manager, and Sharon, an emotional therapist in Israel who is currently working as an educational assistant at Gray Academy. Tzidon also has three younger brothers.
The 19-year-od reports that it was through a connection she forged with  Rabinovich-Nikitin at G ray Academy  (where the latter has three children enrolled in the elementary program) that opened the door to a summer position at the ICS in 2023.  She notes that she is at the ICS two days a week and at the U of M three days a week.
“I have always wanted to do research,” she says, “because I have an unlimited number of questions.  And I love working with the great team at the ICS.”
One of the primary focuses at the ICS in recent years has been on women’s heart health.  Three years ago Kirshenbaum created a new research program within St. Boniface Hospital specifically for the study of heart disease in women.  Dr. Rabinovich-Nikitin was the first faculty member seconded to the new research program
In an earlier article I wrote about her in the Post (in 2021), I noted that she, like Erele Tzidon, is originally from Israel, having arrived in Winnipeg in 2016 with her husband Sergey, and their two children (a third child was born here) to further her scientific knowledge through working in Kirshenbaum’s lab.
Rabinovich-Nikitin is graduate of Tel Aviv University with a Ph.D. in biotechnology.
“I was always interested in science, how things work,” she notes.  “I have a particular interest in women’s cardiac health.”
Four years ago she herself was presented with the Winnipeg Foundation’s Martha Donavan Leadership Development Award. The award  is intended to provide leadership development opportunities for women in the Rady Faculty of Health Sciences at the University of Manitoba. Eligible applicants include  women who are full-time or part-time academic faculty members, students of the Rady Faculty of Health Sciences, and students  as well as post-doctoral trainees (including residents), presently enrolled in a program of study within the Rady Faculty of Health Sciences.
In  2022 Rabinovich-Nikitin, was the winner of the Louis N. and Arnold M. Katz Basic Science Research Prize for Early Career Investigators awarded by the American heart Association (AHA).  This award is the highest international recognition of research excellence for an early career investigator to receive, and Rabinovich-Nikitin is the first ever Canadian scientist to receive this award.  
 That same year  she joined the University of Manitoba Department of Physiology and Pathophysiology as an assistant professor, studying heart disease in women. Rabinovich-Nikitin observes that heart disease in women presents itself in a different way than in men.  She notes that one of the new lab’s initial findings was that there is one specific gene that leads to cardiovascular issues in some pregnant women that can point to heart disease later in life, and also have negative implications for the development of their children.  Those children are smaller at birth and, as adults, are prone to hypertension, diabetes and obesity,
“We are looking into how that particular gene increases the risk of heart disease.” she says.
Rabinovich-Nikitin would like to invites readers who may be interested in learning more about women’s heart health to a free program the ICS is offering on Sunday, February 23 at the Wellness Institute at 1075 Leila Avenue from 1:00-4:00. The afternoon will feature speakers, children’s activities and Zumba sessions.
“I would encourage everyone who has questions and wants to learn about women’s heart health to attend,” she says.  
You can find more about the event at https://megaheartevent.com/

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