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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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Marty Green expands his protest against extremist Jewish settlers to two more venues – and continues to be arrested – despite the Crown having dropped all charges

(Monday, November 9) In earlier posts we wrote about Marty Green having been arrested several times after continuing to protest Israeli settler attacks against Palestinians on the West Bank.

Here is an update to what has been happening to Marty:

The Rady JCC was quick to call police on the weekend to have Marty Green arrested for the third time since September. Released after his original arrest on September 23, and again, after his subsequent arrest on October 14 – even after Green’s agreeing to an undertaking not to return to the campus, police charged Green yet again – this time on November 7. The charge this time was breaching his release conditions. His placard, which proclaims the IDF to be complicit in outrages carried out by settlers in the West Bank, was confiscated by the Major Crimes unit, which is investigating him for hate crimes.

However, Green suggests the Campus ought not to celebrate prematurely. He disputes the Breach charges, saying that the Crown Prosecutor had already decided not to proceed with the earlier charges that were filed last month and, as a result, the restraining order that had been imposed upon him was, therefore, null and void at the time he was arrested on November 7.

Green says that the police eventually realized that was a problem, which is why they decided to add a new charge of “Disturbing the Peace.” Green describes this new charge – based as it was on conduct identical to the earlier conduct which the Crown investigated and decided not to prosecute – as a “shallow pretext for once again interfering with (his) hard-fought right to Freedom of Expression.” He further claims the confiscation of his placard prevents him from communicating its message “even in places where (he) still has every legal right to protest.”

The final word, according to Green? The campus may not have seen the last of him, his placard, his accordion… and his little dog, too.

(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.

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Former Winnipegger Adam Druxman living the Hollywood  dream

By MYRON LOVE A dwindling number of Post readers may still remember the song “You Ought to be in Pictures.”  Adam Druxman may not be in “pictures,” but his life’ s work is the next best thing.  For almost 40 years, the former Winnipegger has had the privilege of being behind the camera helping to make magic happen.
“I always loved the movies,” says the son of the late George Druxman and the recently deceased Joan Druxman. But, growing up in Winnipeg (Old Tuxedo largely),” he recalls, “the prospect of actually having a career in movies in the ‘80s was quite a reach.”
As a young adult, the closest Druxman came to the movie business was working for Adi’s Video Shoppe (which most of us of an older generation will no doubt remember).  Ultimately, it was a chance exposure to the Winnipeg Film Group that turned out to be his entry into film production.
The young, aspiring filmmaker signed up in 1988 to take a course in filmmaking – through the WFG – with acclaimed Winnpeg-based filmmaker John Paisz.
“From John, I learned to write, shoot and edit a film,” Druxman recalls.  “At that moment, I knew this is what I wanted to do.”
With a grant from the National Film Board of Canada and the WFG, the young filmmaker created a five-minute film called “The Guinea Pig Age,” a satirical look at how humans have become test subjects for products and the environment.
The next evolution in Druxman’s pursuit came in 1989 with a move to Toronto where he hoped to enrol in Ryerson’s film program.  “I decided in August that I wanted to go to film school, but it was way too late for enrolment,” he recounts.  “I wasn’t able to get into the program until the following year, but I decided to move to Toronto anyway.  That was my first time living away from home. I enrolled in some night courses and and also began looking for a job.”
He was, he says, encouraged to seek work in the industry as a production assistant – essentially a “gofer”, he points out. “I didn’t know that was a thing I could do. So I send out 1,000 resumés –with nothing on them because  I didn’t have any experience.”
His break came when he got a call at 2:00 A.M. from a production company looking for a production assistant.  “My roommate, Shanno Zaslov, answered the phone,” he recounts.  “She was so excited that I had received a call that she told them not to contact anyone else while she tried to find me at a surprise birthday party.  After that first job, I never looked back.”
Over the past nearly 40 years, Druxman has never  been out of work for long.
His first credited role – as third assistant director – was in a 1992 production called “Stay Tuned, shot” in Vancouver. It starred Pam Dawber (of “Mork and Mindy” fame) and the late John Ritter.  Druxman’s responsibilities included organizing the extras,   maintaining quiet on the set, blocking out pedestrians and outside traffic during a take, helping to ferry actors between their trailers and the set, and alerting the performers.
After that movie, Druxman moved to Los Angeles.  He was soon promoted to second assistant director and – four years later – was promoted to first assistant director  – a role he has performed with distinction ever since.
“ As first assistant director,” he continues, “in prep, you manage scheduling, logistics, day-to-day operations and locations. During the shoot, you run the set, give cast and crew their call times, deal with issues such as weather delays, safety on the set, and manage the time of the shooting day.”
Among the better known movies that Druxman has been involved with  have been: Adam Sandler’s “The Waterboy,” “50 First Dates,” “Boogie Nights,” “Transformers,” “Magnolia,” and two of the “Super Trooper” films.
Some of the TV series that he has worked on have included: “Weeds,” “Prison Break,”  “Fargo,, Dark Matters,” “Las Vegas,” and “Cosmos: Possible Worlds” – a remake of the popular series first created by Carl Sagan 45 years ago.
 “The crazy  thing about living in LA,” Druxman observes, “is that I could drop in at any random Starbucks for a cup of coffee and run into a writer or director who might ask if I am available for a movie or TV show.”
It was a tough decision for Druxman to leave LA behind and move his family to Seattle about 14 years ago.  “”We moved to Seattle to be closer to my wife’s family while our son was in his formative years,” he says.
Druxman admits that it was scary leaving LA.  “At first, I was didn’t tell anyone I had left LA,” he recalls.  “I was afraid that some producers wouldn’t consider using me because I wasn’t in LA anymore.”
Nonetheless, he felt confident that he was well-established in the industry and that – with movie and TV production largely moving out of what used to be described as “the movie capital,” -he would still be in demand.  His assumption turned out to be correct.
Seven years ago he and his family moved again – this time to Chicago – after working on the movie “Candyman.”
“Housing was far more affordable in Chicago as compared to Seattle,” he says.  “I had shot in Chicago four times before. I love Chicago. It’s a beautiful city.   And I love the people here. It’s like a giant Winnipeg.”
“I’ve been lucky to  have had a good career and met a lot of great people over the years,” Druxman says. 
Currently, Druxman notes, he is in between projects.  It is always a concern, he concedes – either feast or famine – especially since the industry is going through a lot of changes between the Covid lockdowns, multiple union strikes, the streaming services reducing their content, and more production going overseas.  But, he remains confident that something will turn up sooner or later.
 “This business is cyclical,” he observes.  “There is always a ying to the yang.”

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Young entrepreneur Jonah Shapiro balances business pursuits with university studies

By MYRON LOVE While most of us may not know what we wanted to do for a living when we “grew up,” Jonah Shapiro is an exception. The son of Sean and Kera Shapiro has been in business for himself since he was 14. Currently, he is balancing the responsibilities of running two businesses while taking commerce courses at Huron University in London, Ontario.
 The entrepreneur’s business career began six years ago while in Grade 9 at St. John’s-Ravenscourt – evolving out of  a business class he was taking  at the school.  “My project,” he recounts, “was marketing a golf shirt brand.  After six months, the business was so successful that I expanded my product line to include team and club apparel.”
His first customers, Shapiro recalls, were students in his class.  He then took over providing BBYO apparel.  (He served as BBYO treasurer for two years.)  He was soon providing apparel for local high school teams, businesses and specific events. 
“It was rather challenging at first getting my foot in the door, he concedes.  “Here I was, 14 years old, showing up and having had to have my father drive me to the appointments.”
 
Nonetheless, he made enough of an impression that he was soon receiving a lot of referrals.
Last September (in 2025), Shapiro began classes at Huron University with  Advanced Entry to the Ivey School of Business at Western University in London, Ontario.
At the same time, he officially incorporated “Student Merch”- and expanded his reach nationally.  The online Student Merch provides custom apparel and other merchandise for Canadian university groups.
Shapiro reports that he currently has contracts with student groups at Western, Queens, UBC, McMaster, McGill and York.  “There are more than 300 universities across Canada,” he says.  “We will soon have ambassadors at all of them.” 
This past summer, the enterprising young man started a second business venture in his home town.  “Benny’s Home Services” cleans windows.  Shapiro reports that Benny’s provided its services over the summer to 325 customers in and around Winnipeg.  This past summer, he says, the Benny’s team also provided its service to BB Camp – where Shapiro was a camper for many years as well as a counselor – free of charge.
He notes that the Winnipeg company has a crew of 14.  With Student Merch, Shapiro handles all the managerial work by himself.
 
This fall, the young entrepreneur received some prestigious recognition. He was one of 12 students to participate in the Morrissette Institute for Entrepreneurship’ s Founders Program, which recognizes Western’s top student entrepreneurs and community builders and pairs them with alumni mentors, along with an opportunity for leadership roles within the Morrissette Institute. The inclusion in the program comes with a  $20,000 scholarship.
The newest feather in Shapiro’s cap is his being invited to be a part of Tangerine Bank’s brand new Tangerine Business – a mobile-first digital banking platform for Canadian entrepreneurs and small businesses. Tangerine is Canada’s original digital bank.
“Tangerine asked entrepreneurs across Canada to help develop its new banking program,” he says. “I was invited to provide a young entrepreneur’s perspective.”
No doubt about it, to use an old phrase: “The world is currently Jonah Shapiro’s oyster,” and his potential would seem to be unlimited.  I am sure readers will be interested to follow his career achievements over the coming years.

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