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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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Jewish Foundation’s asset base surpasses $200 million for first time
By BERNIE BELLAN The Jewish Foundation of Manitoba continues to show stellar growth – having achieved total assets over $200 million in the 2025 fiscal year (a 7.4% increase from the 2024 fiscal year), also having distributed $8.2 million in grants during the year.
Those were among the highlights reported at the JFM’s Annual General Meeting, held Wednesday evening July 18, in the multipurpose room of the Asper Campus.
JFM CEO John Diamond noted that one of the most successful aspects of the year just past was the launch of what is known as “Fund Match II” which, he explained, is “building on the success of the original FundMatch project introduced in 2012.”
Under the terms of the new Fund Match program 18 initial organizations that created endowments with a combined value of $689,388 at the JFM benefitted from matching funds of $178,000 that were added to those endowments, with an additional four other organizations having joined in the program during the course of the year.
Other highlights (which can all be perused in the JFM’s annual report, available simply by going to the JFM website) include the JFM having “awarded 72 scholarships and academic awards totalling $230,759.”
JFM Board treasurer Bruce Caplan also spoke of some other notable achievements of the JFM in 2025, including a 12.64% return on investments and $4.27 million in new contributions.
The AGM also saw a number of changes to the composition of the board. Most notable among them is the retirement of Dan Blankstein as Board Chair – after having served two two-year terms, to be succeeded by Dafna Shore.
Also, the current longest-serving member of the board, Bonnie Cham, is retiring from the board after having served on it for 13 years, including three terms as Chair.
One other significant retirement announced at the AGM was that of Chief Financial Officer Ian Barnes – who will be retiring in December after 26 years as CFO During his remarks to the audience Barnes noted that “When I arrived at the Foundation, the assets were $29 million.” As noted, that figure has now grown to $200 million.
He also noted that “Since the Foundation was established in 1964, total grants and
distributions are $113.6 million.”
Barnes paid tribute to the three Chief Executive Officers with whom he worked: David Cohen, Marsha Cowan, and John Diamond. With regard to Marsha Cowan, Barnes said that “Marsha taught me about business – and how to dress!” (Barnes will be succeeded as CFO by Lynda Joyal.)
One of the annual customs of the JFM AGM is to thank the JFM staff – and to announce how many years each staff member has served at the JFM. While there are a number of individuals who have been with the JFM for a fairly long time, no one comes close to Patti Boorman, Director of Administration, who has been with the JFM for 37 years.
Among the largest new grants given by the JFM in 2025 were: a grant of $122,000 to the Asper Jewish Community Campus, Gray Academy of Jewish Education and Rady JCC to support the construction of a “new accessible outdoor play structure, ensuring safe, inclusive play for children and families; a grant of $150,000 to the Simkin Centre for the hiring a Volunteer Engagement Specialist – a three-year project to modernize volunteer programs and enhance resident, family, and intergenerational involvement.
Among the leading recipients of distributions from donor-recommend endowment funds – all of which had received grants in the past were:
The Jewish Heritage Centre of Western Canada $149,618
Rady JCC 154,746
Gray Academy 168,535
Canadian Associates of Ben-Gurion University 163,488
Jewish Child & Family Service 447,471
Simkin Centre 858,654
Asper Campus 431,099
Combined Jewish Appeal 907,688
Jewish Federation of Winnipeg 531,076
Note: A number of the above organizations also received community impact grants – which are one-time grants given for special purposes.
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Gavin Katz: “The next great Jewish football player”
By BERNIE BELLAN Back about 15 years ago I had the idea to hire renowned sports writer Scott Taylor to write occasional columns for The Jewish Post & News. Although the great Harvey Rosen – who passed away in 2022, was still our regular sports columnist, I thought that having Scott contribute his own takes on sports might add some additional flavour to the paper.
And it did – for several years – until Covid hit and I had to pare back expenses, including for freelance writers.
Scott has kept in touch from time to time since he last wrote for us though, so it was with great delight that I received an email from him the second week in June that had in the subject line: “Next Great Jewish Athlete.”
Here’s what Scott wrote in that email: “I was talking with Fort Garry Lions head coach John Makie last night.
“Thought you might like to know about the next great Jewish football player … if you don’t know already.”
Attached to the email was a poster that was a montage of different images – all highlighting someone by the name of Gavin Katz. Part of the poster is attached here – and in it you can see all sorts of accolades for young Gavin, including his having been designated “lineman of the year” by Coach Makie last year, as well as his having captained his Pee Wee team (which is limited to players under 14 years of age).
I followed up Scott’s suggestion and contacted John Makie to try and get some comments from him about Gavin Katz, as well as contact information for Gavin’s parents.
Here’s what Coach Makie wrote to me about Gavin who, last year, was in his second (and final) year playing for the pee-wee level Fort Garry Lions:
“I’ve known Gavin Katz for a season of football. In this season, I’ve come to learn his grit, toughness and his sheer willingness to get to the ball. A lot of our players on the team would run to the ball, but Gavin sprinted. If he was challenged, he rose to the occasion. We made him our Most Outstanding Lineman not only because of his talents on the field but his leadership. He was committed to the process, he began to lead others to this through guidance and exemplary attendance.
“I am quite proud of Gavin and what he did for us this year.”
“Unfortunately, we came up just short last season, but Gavin taught us how to become a champion and the Lions will be hungry for success next season.”
“I really hope he continues to play football!”
That was high praise for Gavin Katz, indeed. During my conversation with Makie he told me that Gavin’s father was Regan Katz and that Regan was the vice-president and Chief Operating Officer of the Winnipeg Goldeyes baseball team.
I contacted Regan and asked him whether I could get in touch with Gavin. Regan gave me Gavin’s phone number, but when I tried calling him all that I got was his voice messaging. I did leave a voice message, but didn’t hear back from Gavin right away – which should come as no surprise for anyone who’s tried contacting a teenager by phone: They simply don’t use their phones for phone calling – only for texting.
So, on a Saturday morning – when I figured Gavin would probably be at home, I emailed Regan again, asking him whether he could have Gavin call me. It was 10:40 in the morning. Regan responded that Gavin was still asleep.
I wrote back: “What? I thought he’d be up jogging or doing some heavy exercise at 7 AM. What kind of pro football player is he anyway?” (Um, if you’re reading this and not familiar with my writing style, I do veer into sarcasm quite readily.)
In any event, around 11 am Gavin did call me back and we had a most pleasant conversation. After talking to him I could well understand why Coach Makie was so effusive in his praise for him.
I began by asking Gavin where he goes to school?
He said he’s currently in the French immersion program at Ecole River Heights and before that he was also in the French immersion program at Sir William Osler School. Next September Gavin will be going to Kelvin, he said.
We then began to discuss his football career. I asked Gavin when he first started to play organized football?
He said that he started playing flag football five years ago – and that he still plays flag football (which has only five players on a side, as opposed to the 12 players on a side in tackle football). Gavin added that, in addition to playing flag football – which he really loves, he noted, he also coaches and referees flag football.
Gavin’s interest in playing tackle football though, was piqued by his attending a Winnipeg Blue Bombers camp for putative young players four years ago.
“That’s when I first put on pads,” he explains.
Gavin added that he’s been going to Blue Bomber games ever since he was quite young and that, at various times he’s had the privilege of meeting such Blue Bomber greats as Adam Bighill, Nick Demski, Brady Oliveira, and Zach Collaros.
Two years ago Gavin joined the Fort Garry Lions Pee Wee level team (when he was 12).
“My first year I was on the offensive line,” he notes. “My second year (last year) I started as a linebacker, but then I was moved to the defensive line.”
Here’s a link to a clip of Gavin showing his prowess as a defensive lineman in a game last fall: Gavin in action (He’s number 50 in the video.)
Now, while Gavin was not overly tall for his age last year… he was 5’4″ and weighed 135 pounds, he was certainly big enough to play on the defensive line at the Pee Wee level.
But – talk about a growth spurt! Gavin says he grew four inches since the Lions season ended in October; he’s now 5’8″, but even more impressive – he says he’s put on another 35 pounds – and in Gavin’s case, it’s all muscle.
I asked him where he works out and he answered that the family has a home gym, which he uses assiduously, in the evenings.
Gavin says he’s ready to move up to the next level of football, which would be at the Bantam level or Junior Varsity, and that he will try out for the Kelvin Clippers when he enters Kelvin this fall. He says though that he would probably “end up on the practice roster” for the Clippers varsity team where he will be fighting for a playing role, because if he does make the team he’d be among the youngest players on the team (usually Grades 11 & 12 only).
Our conversation then turned to my asking Gavin about his family. I already knew his father’s name, I told him (and that his father was former mayor Sam Katz’s nephew), so I asked him what his mother’s name was? He said it was Mandy or Amanda and that her maiden name was Falk. Gavin also has a younger sister, Brynlee, who is eight, he said.
Gavin notes that he was bar mitzvahed last year. He’s also maintained very high marks in school, he says, getting a 91 in math and an 87 in science.
So, since Scott Taylor had billed Gavin as the “next great Jewish athlete” in his email to me about Gavin, I asked Gavin how far he wants to pursue football?
His answer was that “I’ll go as far as I can.”
Considering that he grew four inches and gained 35 pounds in less than a year, Gavin could very well be big enough soon to play on the defensive line for a team of under 16 year olds but, he says, “I like playing linebacker,” which requires a great deal more mobility than playing on the defensive line.
Still, linebackers have to combine a great many skills, including mobility, strength – and most of all, toughness, as they not only have to stop running backs, they often have to take on offensive linemen as well.
I asked Gavin what he likes most about playing linebacker? His answer: “I like hitting.” (Now, don’t take that the wrong way. It’s simply the enjoyment that many football players derive from the contact that comes with playing tackle football. And these days many young women have begun taking up tackle football for the same reason.)
But, what about injuries? I wondered. Has Gavin suffered any? I asked him.
“I’ve had a few injuries,” he answered. “I dislocated the growth plate in my elbow,” he noted and, “when I was ten I injured my achilles tendon,” he added. However, in neither case did Gavin require surgery – lucky for him.
How far into the future did Gavin see his football career headed? I asked him. He was ready with the answer: “I’d like to play for the Arizona Sun Devils” (the name of the Arizona State football team).
I told Gavin that, in past years (when I was more active as a writer) I’d profiled many young Jewish athletes for The Jewish Post & News. One of the athletes with the most potential was a young hockey player who could skate like the wind, I told Gavin, but unfortunately, he stopped growing and, as his coach at the time told me, he could teach skills, but he couldn’t teach “height.”
In Gavin Katz’s case though, since he’s only 14 and is already growing rapidly, it seem certain that his height and weight are not going to hold him back from continuing to excel at football when he moves up the ladder of stiffening competition as he grows older.
It will be interesting to check in with Gavin on a regular basis in the coming years to see how he’s progressing. Winnipeg’s Jewish community hasn’t produced too many star football players over the years, although I did mention to Gavin that I had done a story about a young man who had played for the Grant Park Pirates several years ago – and that my writing now about Gavin was going to lead me to try to look in our archives for that story to remind me who it was that I had written about – and perhaps whether I could find out anything about where he had gone with his football career.
It turned out that the young man’s name was Nahaniel Lisak and that he had been nominated for the Jewish Athlete of the Year award back in 2022 when he was 17 years old, but was already 6’2″ and weighed an impressive 295 pounds. Here’s what the Rady JCC had written about Lisak prior to that year’s sports dinner: “He was named to the CFC (Canada Football Chat) All-Canadian First Team and was the recipient of the Winnipeg High School Football League (WHSFL) Kas Vidruk Lineman of the Year. At the school level he was named the Grant Park Football Most Valuable Player and was awarded the school’s Football Captain Award. He was runner up for the 2021 WHSFL Defensive MVP & 2021 Harry Hood Citizenship Award. In grade 10 he became a known player in Manitoba and was named a Nationally ranked top 100 player in Canada, being a top 5 Manitoban and top three defensive tackle in the 2022 graduating class.”
I Googled Nathaniel Lisak to see if I could find out anything about him now and saw that he’s realized his dream of attending McMaster University (where he’s in his fourth year of Commerce) and is also a star player for the McMaster Marauders.
So Gavin, if you’re reading this – there’s a stellar example of someone whose career you could emulate. But the Arizona Sun Devils? Couldn’t you settle for the University of Manitoba Bisons? Why do our best and brightest almost always want to leave Winnipeg?
