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
Winnipegger featured in Apple commercial highlighting new adaptive technology
By MYRON LOVE The year just past has been a memorable one for Melissa Shapiro. In recent weeks she and her boyfriend moved into their new home in East Kildonan and – in September, the daughter of Cory and Goldelyn Shapiro – was one of the featured guests at Apple Headquarters in Las Vegas for the premiere of an advertisement – produced by the tech company – highlighting Apple’s newly developed adaptive technology.
“I was flown out to California by Apple’s PR team,” recalls the 26-year-old policy analyst with the Education and Early Childhood Learning Department. “The event was held at Apple Park. It was really exciting seeing all the newest products and features.”
Shapiro, who was born missing her left arm, came to the attention of Apple as a result of Instagram videos she made demonstrating her ability to work out as an adaptive athlete. Last May, Shapiro reviewed the Apple watch’s accessibility features in a video, and it caught Apple’s attention.
“I was contacted by a casting agency in July,” she reports. “Next thing I know, we are filming in Toronto in August. I was the only Canadian involved in filming the commercial.”
Shapiro has never let her disability define her life- thanks in part both to her parents and the War Amps of Canada Child Amputee program, which reached out to her family three weeks after she was born.
“We received a lot of support – financial, recreational and emotional – from the War Amps,” she says. “Through the program, my family was able to connect with other families with similar challenges.
As well, the War Amps helped me to integrate in school and participate in sports while I was growing up by providing me with different prosthetics paid for by donations to the program.
Over the years, Shapiro ha been able to give back to the non-profit organization by appearing in War Amps public service spots highlighting such tips as playing safe in order to avoid accidents that could result in amputations. She has also been featured n War Amps-organized seminars and media appearances promoting the work of the War Amps in helping to improve the quality of life for children like Shapiro who were born missing a limb or those who lost limbs due to an accident.
“I still enjoy doing ‘playsafe’ presentations and public events for the war Amps,” she says.
Readers who may be interested in supporting this worthwhile program can donate by phone (1800 250-3030) or go online (waramps.ca).
Local News
Jewish community members among King Charles III Coronation Medal Recipients
By MYRON LOVE In stating that she was “honoured by the recognition, beyond grateful and truly humbled to receive the King Charles III coronation medal,” Carrie Shenkarow is no doubt sharing the sentiments felt by her fellow honourees. The next president of the Jewish Federation of Winnipeg – her term begins next year – was one of 55 recipients of the award – including several members of our Jewish community – who were presented with the medallions by Lieutenant-Governor Anita Neville on October 24 at the Legislature .
“It was an honour to be in the room with so many remarkable Manitobans,” notes Shenkarow.
She reports that, after the photo was taken, the honourees were invited back to Government House for a reception. “The Lieutenant-Governor spoke and we were encouraged to mingle with other recipients,” she recalls. “It was an incredible evening that I will never forget.”
The medal – which commemorates Charles III’s coronation on May 6, 2023, is described on the website as “a way to recognize outstanding individuals from all ages and from all walks of life who have made a difference in our community.”
The award recognizes those “who have made a significant contribution to Canada, a province, territory, region, or community in Canada, or have made an outstanding achievement abroad that brings credit to Canada”.
The other six members of our Jewish community who among the medal recipients include several individuals some who have made outsized contributions to society overall. Included among the medal recipients were Larry Vickar and Gail Asper, whose contributions both to our Jewish community and the overall community are well known.
Other recipients of the KIng Charles medal also have established records of service to the community: Harvey Secter has an impressive history of community leadership. The former businessman who – in his 40s – turned to a career in law, has served as both Dean of Law and then Chancellor of the University of Manitoba. His resumé further includes leadership roles with such diverse institutions as the United Way, St. Boniface Hospital Foundation, the Jewish Foundation of Manitoba, the Law Society and Manitoba Law Foundation, several hospital boards, Assiniboine Park Conservancy, the University of Winnipeg, and the University of Manitoba.
In the blurb accompanying the King Charle III medal presentation, it was noted that Harvey Secter “has been recognized for a decades long commitment to organizations dedicated to increasing access to quality services in education, health care, social services, and recreational facilities while motivating others to engage in building an inclusive and welcoming society.”
The other three Jewish medal recipients’ contributions to society have been more narrowly focused. Michel Aziza has been most closely associated with Operation Ezra, a successful effort led by several members of our Jewish community some years back to bring members fo the persecuted Iraqi minority Yazidi community to Winnipeg and help them settle here in the aftermath of the attempted genocide of the community at the hands of the murderous ISIS terrorists in 2014.
Over the past year, Aziza and his wife, Danita, along with Einat Paz, have been organizing weekly rallies on Kenaston and Grant (by the Superstore) aimed at keeping alive the awareness of the Israeli hostages still being held by Hamas and other terrorists in Gaza.
Medal recipient Louis Trepel has focused much of his philanthropic work on the Manitoba chapter of Variety, The Children’s Charity – of which he was one of the founding members while still in his teens. Over the years, Trepel, whose family owned Ben Moss Jewellers ((Lewis’s grandfather), has – in addition to Variety – contributed to numerous other nonprofit boards and committees. Among the highlights of his philanthropic career have been co-creating the first Empty Bowls Gala for Manitoba Harvest, pioneering the first COVID-era virtual gala in Manitoba for St. Boniface Hospital Foundation, and co-chairing the 50th Anniversary Gala for Manitoba’s Rainbow Resource Centre, which garnered national attention.
According to the write-up accompanying the medal presentation, Louis Trepel’s “lasting legacy is his ongoing mentorship and inspiration of the next generation of philanthropists.”
Noam Gonick was recognized for his work as an artist and filmmaker. He has premiered and won awards at the Venice, Berlin, Sundance and Hot Docs film festivals. His features, which explore rave culture and Indigenous youth, were released theatrically in Germany, France, the US and Canada, streamed worldwide and collected by the Museum of Modern Art and the National Gallery of Canada. He has directed for MGM, CBC and APTN. At London’s Serpentine Gallery Gonick lectured on his artwork about the semaphore of prison architecture and Queer utopias. He is currently collaborating with the Royal Winnipeg Ballet on “The Regulation of Desire” for the Canadian Museum of Human Rights.
Circling back to Carrie Shenkarow, she notes that she became involved with the Jewish Federation over 20 years ago. In recent years, she has held several positions on various committees. In 2022, she chaired the CJA campaign. She currently chairs the Jewish Federation of Winnipeg’s Public Affairs Task Force, established after October 7, 2023, to advocate for the community and collaborate with other local organizations.
“One of the things I’m most passionate about is March of the Living,” she says. “I have been chairing the committee since 2017. I chaperoned the program in 2018. I really enjoy giving back.”
The Lieutenant Governor was not the only official allowed to nominate deserving recipients for the King Charles Medal. Members of Parliament were also encouraged to put forth nominees. A further four member of our Jewish community were thus nominated by Marty Morantz, Conservative MP for Charleswood-St. James: Einat Paz, Jessica Cogan, and brothers Robert and Sandy Shindleman from Shindico.
The medal was presented to the two commercial real estate professionals in their office in December. “We were honoured to have received the medals,” says Robert, who reports that the brothers are major supporters of the Health Sciences Centre Foundation and Alzheimers research – a condition that afflicted their mother for many years.
Morantz presented King Charles III medals to Cogan and Paz in his office on November 14. “I am proud to present Einat Paz and Jessica Cogan with the King Charles III Coronation Medal today,” he wrote n his Facebook page. “Their dedication and contributions have truly enriched our community, and it’s a privilege to congratulate them on this well-deserved recognition.”
For Paz, it was her second major honour in two months. At our community’s annual Kavod evening – on September 26 – the Israeli-born social worker who is currently the Jewish Child and Family Service’s Manager of Volunteer Services became the inaugural recipient of the Federation’s new Magen David Award. She was recognized in particular for her leadership in helping – along with Michel and Danita Aziza – to organize and co-ordinate the weekly vigils – now in their 11th month – on Kenaston by the Superstore – in support of the Israeli hostages in Gaza. She has also been prominent in fostering ties between Israelis in Winnipeg and the local community.
“I am deeply honoured to receive the King Charles Medal for my community work advocating for the release of hostages and raising awareness that the rape of women is never resistance,” Paz said. “There is no justification.
“This recognition also highlights the vital importance of food security for the Jewish community, a cause close to my heart.
“I remain committed to these efforts, striving to bring justice, dignity, and support to those in need.”
Local News
Karina Gould – vying to be next leader of the Federal Liberals, has a Jewish father – and her parents met on a kibbutz!
By BERNIE BELLAN In January 2018 I conducted an interview with the late Jim Carr who, at the time, was Canada’s Minister of Natural Resources. I asked Carr whether there were any other Jewish members of the Cabinet?
Carr said that Karina Gould, who was the Minister of Democratic Institutions in 2018, had a Jewish father. I didn’t know much about Gould back then, beyond recognizing her name, but the recent announcement that she has decided to enter the Liberal leadership race might be of particular interest to Jewish readers.
Gould has held a number of portfolios within the Trudeau government, most recently as House leader.
Now 35, while Gould’s entry into the Liberal leadership race would be considered something of a long shot, her relative youth – along with her experience (she has been a Member of Parliament since 2015), might make her a plausible alternative to the two more prominent candidates in the race: Chrystia Freeland and Mark Carney.
With Gould’s decision to enter the race to replace Justin Trudeau as Liberal leader, I thought it might be interesting to explore her Jewish roots.
In a 2021 article on the CJN website, the following was written about Karina Gould:
Gould, the member for Burlington, was first elected in 2015. She has previously served as Minister of International Development and Minister of Democratic Institutions.
Jewish on her father’s side, Gould told The CJN in 2015 that while she’s not “an active practitioner of Judaism,” she maintains her heritage through celebrating Hanukkah, Purim, and Yom Kippur.
Her paternal grandparents were Holocaust survivors from Czechoslovakia. Her grandfather was deported to Theresienstadt, then to Dachau and Auschwitz. Separated during the war, her paternal grandparents were reunited afterward.
Her father met her mother, who is from Germany, while both were in Israel volunteering on Kibbutz Naot, where the sandals are made.
Gould visited Israel on a Birthright trip and stayed longer for a personal visit. “Israel is a beautiful country,” she said. “It’s unique in the world. It has difficult challenges.”
She said she believes her family heritage plays a big role in shaping her political values.
“My family was accepted and welcomed into Canada after a difficult experience,” she said. “Canadian values of tolerance and diversity were not just important for my family, but for others. Canada provided the opportunity to grow and to thrive.”
Gould was front and centre during the 2019 visit to Canada of then Israeli President Reuven Rivlin.
She noted to Rivlin that since the free trade agreement between Canada and Israel was signed in 1997, the value of two-way trade had tripled, to $1.9 billion.
And under the Canada-Israel Industrial R&D Foundation, the two countries have funded close to 60 projects over the last dozen years, she added.
Ties between Canada and Israel “are long, deep and mutually beneficial,” she said.