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
Shalom Residences Foundation to host third annual donor appreciation evening
By MYRON LOVE On Tuesday, June 16, Shalom Residences Foundation Inc (SRFI) will be hosting its third annual Donor Appreciation evening. Donors and other Shalom Residences supporters can look forward to chilling to the music of local singer/songwriter David Grenon (aka Soul Bear), who will be performing songs by Billy Joel, Elton John and other well-known artists.
For readers who are not yet familiar with Shalom Residences, the organization was originally created to care for intellectually challenged Jewish young adults. The vision was to provide them with a Jewish environment – strictly kosher group homes where all the Jewish holidays are observed and celebrated.
One of Shalom Residences’ objectives has always been to develop a community in which individuals with intellectual disabilities are fully included, self-actualized, and valued in all aspects of life.
The concept has been a remarkable success.
Shalom Residences was founded in 1980 by six far-sighted couples, including Thelma and Ernie Bronstein, Dolly and Zivey Chudnow, Min and Joe Fromkin, Roberta and Larry Hurtig, Elaine and Bobby Paul,
and Sybil and Frank Steele. The original Shalom Home was a converted house on Cathedral Avenue.
“Thelma Bronstein’s determination and dynamism contributed to making it happen,” says Elaine Paul, currently Shalom Residences’ treasurer (and for the past 20 years, the organization’s leading fundraiser).
I remember the home’s official opening. This was shortly after I started writing for the Jewish Post. Rabbi Charles Grysman affixed the mezzuzah to the door frame.
Today, the organization operates six group homes housing 19 residents as well as 12 residents in supported independent living arrangements.
While the operations today are largely funded by the provincial government – which means that the residences have to be open to accepting non-Jewish clients as well (just over half of the residents are Jewish) – the Shalom Residences Foundation funding supplements the government contribution – providing financial support for increasing staffing levels when needed, as well as extraordinary expenditures and contingencies. The Foundation has also provided the down payment for the purchase of new housing when necessary. .
The necessity of fundraising was evident right from the beginning. Elaine Paul recalls that the first Manitoba Marathon – in which all the founding parents were involved – provided the funding for the mortgage at 175 Cathedral Ave.
“We worked with Helen Steinkopf and John Robertson to develop the marathon,” Paul remembers. ”For several years, Hy Kravetsky and I worked handing out water to the runners.”
Paul relates that it was Zivey Chudnow who was instrumental in starting up Shalom Residences’ annual fundraising. “Three of Zivey’s friends,:Norman Tatleman, Sam Ostrove, and Gary Levinson, asked how they could help,” she recalls. “Their idea was to have a fundraising dinner. We combined the dinner with a lottery. We sold 60 tickets at $1,000 a piece and paid out $15,000 to the winning ticket and lesser amounts to other lucky winners.”
The organization also held annual well attended fundraising teas.
Paul reports that, for years, Chudnow was Shalom Residences’ best fundraiser – with honourable mention to Avrum Katz, Frank Steele, and the late Joe Elfenbaum. Paul took over the role 10 years ago – again with honourable mention to SRFI board members, Dr. Allen Kraut, Peter Leipsic, Donna Chudnow, Jon Feldman, and Mickey Rosenberg.
In addition, the goal was, and remains empowering adults with intellectual disabilities to live meaningful, dignified lives in community-based homes in Winnipeg, enriched by Jewish values.
Charles Tax, the SRFI’s long time president, notes that in 2017, the organization created an endowment fund with the Jewish Foundation of Manitoba. “At the time, we transferred more than half of our assets to the JFM,” he says. “We continue to make contributions to our fund.”
He notes that the annual dinners came to an end with the 20230 Covid lockdowns. The donor appreciation evenings were started in 2023.
“One of our goals is to acquire one or two more houses in the south end,” Tax adds.
Readers who may be interested in attending the donor appreciation evening or otherwise supporting SRFI can contact the office at 204 582-7064 or via email (admin@shalomresidences.com).
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Local News
Debbie Maslowsky playing lead role in upcoming Dry Cold Productions musical
By MYRON LOVE For the past 40 years Debbie Maslowsky has been entertaining Winnipeg audiences – both Jewish and non-Jewish, with her acting and singing. Arguably Winnipeg’s queen of musical theatre is returning to the stage on May 13 in a lead role in Dry Cold Productions’ upcoming “Kimberly Akimbo”.
Maslowsky is enthusiastic about the Tony-winning production, which debuted on Broadway in November 2022. “It’s a gem of a musical,” she says of the production crafted by the musical team of composer Jeanine Tesori and lyricist David Lindsay-Abaire.
The subject itself is not – on the surface – uplifting. As Maslowsky describes it, “Kimberly Akimbo” is the story of a teenager suffering from a very rare condition – progeria – also known as the aging disease. The genetic condition causes children to age at an accelerated rate causing them to die of old age while still in their teens. For those readers who may recall Rabbi Harold Kushner’s book, “Why Bad Things Happen to Good People” – written years ago, Kushner was responding to the death of his own son from progeria.
In the hands of Tesori and Lindsay-Abaire though, Maslowsky notes, the show is about mindfulness and living day by day. In the production, Maslowsky explains, “Kimberly is trying to live as normal a life as she can despite her illness. Her life is further complicated by a dysfunctional family. Her parents are dealing with their own issues. Then there is the madcap aunt who develops a complicated and hilarious plan to make money for a family road trip, raise funds for choir costumes – with some left over for herself.
“The play is very funny,” Maslowsky comments, “but also poignant. Kimberly knows that she most likely won’t live much beyond 16. Therefore, she wants to live every day to the fullest. She wants to live every day in the now. At the same time, she doesn’t want to hide from reality. She doesn’t want special treatment. She also doesn’t want people – such as her parents – trying to pretend that everything will be okay.”
Maslowsky last appeared on stage in Winnipeg Jewish Theatre’s one-woman production of “A Pickle” in the spring of 2023. That was the true story of a Jewish pickle maker living in Minnesota who had to fight to get her pickles included in the state fair pickle competition, which tried to disqualify her because her pickles were made the Jewish way through a brining process that the non-Jewish judges refused to accept.
In the interim, Maslowsky has been focusing on her longstanding business as a trade show, conference and event manage,r as well as picking up some singing gigs. She reports that she began winding down her business last fall.
She speaks highly of her younger cast mates. “They are an amazing group of young people,” she says. “For some of them, this is their first show. I myself am still learning new things after all these years.”
Maslowsky will next be appearing in the joint Winnipeg Jewish Theatre-Rainbow Stage production of “Fiddler on the Roof” in September. “I played one of the daughters years ago in an earlier Fiddler production,” she recalls. “I feel like I am coming full circle.”
Dry Cold Productions was founded by Donna Fletcher and Reid Harrison (now retired) more than 25 years ago. The company stages a yearly musical theatre production – sometimes edgy – which has played on Broadway and is new to Winnipeg audiences.
The Dry Cold website cautions that “Kimberly Akimbo” contains “strong language (with frequent profanity), mature humour, and references to sexual activity”.
“Kimberly Akimbo” is scheduled to run May 13–17, 2026 at the Prairie Theatre Exchange. Tickets can be purchased by contacting Dry Cold productions online.
Local News
The second Bar Mitzvah: Better than the first
By GERRY POSNER As we pass down the corridor of life, there are certainly times we can identify as moments we will never forget. I had such a moment on April 11 at my second Bar Mitzvah, at the Shaarey Zedek Synagogue, shared with Dr. Ted Lyons, or E. A. as I called him over the years. We were celebrating this life cycle event at the very same synagogue as the first one, that is – the Shaarey Zede. For me, it was some 70 years ago or 25,557 days – from April 21, 1956 to April 11, 2026. The notion of returning to the original place of Bar Mitzvah 1.0 was too powerful a force, causing me to abandon my plan to do this in Toronto where my wife, Sherna and I have lived for the last 13 plus years.
It was quite the weekend. We started just before Erev Shabbat with photos of our two families on the bimah. Ted had his whole family there, including his daughter Mara, her husband Sheldon, and their two daughters, as well as his son Sami, his wife Rose, and their three kids, all of whom live In Calgary, not to forget his sister Ellen and her husband Howard Goldstein, from Toronto. Our three kids: Ari, Rami and Amira, all of whom live in Toronto, along with two of my grandchildren, as well as my brother Michael from Toronto were also present.
After the Shabbat service, we stayed on in the building for our Shabbat dinner. There were 23 of us, including Michael’s partner, Ruth Grubert, (formerly Mozersky), also a former Winnipegger, as well as Rabbi Mass,his son Ranan, Rabbi Carnie Rose and his wife Pauline. It was a warm group and the dinner was gobbled up and appreciated by all of us. We were all surprised when independently, the respective grandchildren of the Bar Mitzvah “bochers” presented both of us with a kind of tribute – funny and sincere in their affection for their Zaidas.
Then came the big day. It lived up to and even exceeded my expectations. It was a sell-out crowd. I was overwhelmed just at that fact. The only thing missing from the building was the electronic ark. The respective families all participated with aliyahs and indeed Torah readings by Sami Lyons and the 83-year-old Bar Mitzvah boy Ted Lyons. Now, “leyning” from the Torah was not something Ted had done at the first go-round 70 years ago. (In fact, almost all of us were deficient in that area).
One particular moment during the service was especially meaningful for Sherna and me. In the first part of the service, there is a prayer called “Mi Chamocha.” My son Ari had written music for that prayer several years ago and now he was at Shaarey Zedek, where he had his Bar Mitzvah long ago. This time though the clergy had arranged to use his music and to sing his melody. (It had been used many times previously, but without Ari. ) Not only that, he was invited to play his composition at the service as Cantor Leslie Emery sang it. Those few moments – as we watched and listened, at this – my second Bar Mitzvah, at a place where my parents had been members for years and whose names are on the memorial plaque in the chapel, well, that was powerful, to put it mildly.
Ted and his family had various honours as did my family. I was given the Haftorah to chant. Now, I have few talents, but I can chant a Haftroah (not the most marketable skill), so that was not that much of an obstacle for me. In fact, I rather enjoyed doing this part of the service. Rabbi Rose had also given me permission to deliver a D’var Torah on the portion of the week, “Shemini”, and to discuss the meaning of this, my second Bar Mitzvah. Once I had the mic and the stage, I was ready to go in spite of my wife’s protestations that it was too long. And, in fact, as I rolled along into my Haftorah, after about 10 minutes, my parter in the double Bar, Ted, came up from behind me where he was sitting, and nudged me gently, or to put it more accurately, gave me the hook, announcing that it was time to wrap up. It was kind of comical, in fact. I got a large charge from that sudden intervention. To top it off, as I had been speaking, I noticed a congregant on my left near the front who had apparently passed out. It was alarming to me at first, but the medics came and were able to revive this person. I was told later that other first words out of the mouth were “Has he finally finished?”
We concluded the day with a rather large kiddish luncheon highlighted at least for me by traditional party sandwiches, which were a staple of the kiddishes of my youth. I met with so many people of my past, which was a treat and a half for me. I was so into the moment that It was hard to get me out of the building.
As I reflect on the day and the service, I recognized that for all of us, we have times in our lives, whether it be an hour, a day or a week, that we will never forget. This day was for me one such moment. It is etched in my memory to be relived through the Youtube video now in my possession. The gift that keeps on giving, I say.
My first Bar Mitzvah was good, for sure. This one was far better. I knew what I was doing.
Post script (After Gerry had sent us his story, he sent us something else that he said should have been included in the story): True, Ted and I had the Bar Mitzvah no 2. But we only had it because there was one person who did the real work and yet received no credit. She made all the arrangements with the synagogue for both the Friday night Shabbat dinner and the kiddish lunch after the service. She dealt with various people in the synagogue and basically took charge of our simcha. I speak, of course, of Harriet Lyons. That I failed to mention her was due to my excess focus on the eating of the party sandwiches and not enough on the reason we had them in the first place. Harriet teaches the weaving of tallits, but she stands tall in the arranging of Bar Mitzvahs.
