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
Winnipeg Jewish Theatre breaks new ground with co-production with Rainbow Stage
By MYRON LOVE Winnipeg Jewish Theatre is breaking new ground with its first ever co-production with Rainbow Stage. The new partnership’s presentation of “Fiddler on the Roof” is scheduled to hit the stage at our city’s famed summer musical theatre venue in September 2026.
“We have collaborated with other theatre companies in joint productions before,” notes Dan Petrenko, the WJT’s artistic and managing director – citing previous partnerships with the Segal Centre for the Performing Arts in Montreal, the Harold Green Jewish Theatre in Toronto, Persephone Theatre in Saskatoon and Winnipeg’s own Dry Cold Productions. “Because of the times we’re living through, and particularly the growing antisemitism in our communities and across the country, I felt there is a need to tell a story that celebrates Jewish culture on the largest stage in the city – to reach as many people as possible.”
Last year, WJT approached Rainbow Stage with a proposal for the co-presentation of “Fiddler on the Roof.” Rainbow Stage management was really enthusiastic in their response, Petrenko reports.
“We are excited to be working with Winnipeg’s largest musical theatre company,” he notes. “Rainbow Stage has an audience of more than 10,000 people every season. Fiddler is a great, family-oriented story and, through our joint effort with Rainbow Stage, WJT will be able to reach out to new and younger audiences.”
“We are also working to welcome more diverse audiences from other communities, as well as newcomers – families who have moved here from Israel, Argentina and countries of the former Soviet Union.”
Helping Petrenko to achieve those goals are two relatively new and younger additions to WJT’s management team. Both Company Manager Etel Shevelev, and Head of Marketing Julia Kroft are in their 20s – as is Petrenko himself.
Kroft, who is also Gray Academy’s Associate Director of Advancement and Alumni Relations, needs little or no introduction to many readers. In addition to her work for Gray Academy and WJT, the daughter of David and Ellen Kroft has been building a second career as a singer and actor. Over the past few years, she has performed by herself or as part of a musical ensemble at Jewish community events, as well as in various professional theatre productions in the city.
Etel Shevelev is also engaged in a dual career. In addition to working full time at WJT, she is also a Fine Arts student (majoring in graphic design) at the University of Manitoba. Outside of school, she is an interdisciplinary visual artist (exhibiting her work and running workshops), so you can say the art world is no stranger to her.
(She will be partcipating in Limmud next month as a member of the Rimon Art Collective.)
Shevelev grew up in Kfar Saba (northeast of Tel Aviv). She reports that in Israel she was involved in theatre from a young age. “In 2019, I graduated from a youth theatre school, which I attended for 11 years.” In a sense, her work for WJT brings her full circle.
She arrived in Winnipeg just six years ago with her parents. “I was 19 at the time,” she says.
After just a year in Winnipeg, her family decided to relocate to Ottawa, while she chose to stay here. “I was already enrolled in university, had a long-term partner, and a job,” she explains. “I felt that I was putting down roots in Winnipeg.”
Etel expects to graduate by the end of the academic year, allowing her to focus on the arts professionally full-time.
In her role as company manager, Shevelev notes, she is responsible for communications with donors, contractors, and unions, as well as applying for various grants and funding opportunities.
In addition, her linguistic skills were put to use last spring for WJT’s production of “The Band’s Visit,” a story about an Egyptian band that was invited to perform at a cultural centre opening ceremony in the lively centre of Israel, but ended up in the wrong place – a tiny, communal town in southern Israel. Shevelev was called on to help some of the performers with the pronunciation of Hebrew words and with developing a Hebrew accent.
“I love working for WJT,” she enthuses. “Every day is different.”
Shevelev and Petrenko are also enthusiastic about WJT’s next production – coming up in April: “Ride: The Musical” debuted in London’s West End three years ago, and then went on to play at San Diego’s Old Globe theatre to rave reviews. The WJT production will be the Canadian premiere!
The play, Petrenko says, is based on the true story of Annie Londonderry, a young woman – originally from Latvia, who, in 1894, beat all odds and became the first woman to circle the world on a bicycle.
Petrenko is also happy to announce that the director and choreographer for the production will be Lisa Stevens – an Emmy Award nominee and Olivier Award winner. (The Olivier is presented annually by the Society of London Theatre to recognize excellence in professional London theatre).
“Lisa is in great demand across Canada, and the world really,” the WJT artistic director says. “I am so thrilled that we will be welcoming one of the greatest Jewish directors and choreographers of our time to Winnipeg this Spring.”
For more information about upcoming WJT shows, readers can visit wjt.ca, email the WJT office at info@wjt.ca or phone the box office at 204-477-7515.
Local News
Rising Canadian comedy star Rob Bebenek to headline JCFS’ second annual “Comedy for a Cause”
By MYRON LOVE Last year, faced with a federal government budget cut to its Older Adult Services programs, Jewish Child and Family Service launched a new fundraising initiative. “Comedy with a Cause” was held at Rumor’s Comedy club and featured veteran Canadian stand-up comic Dave Hemstad.
That evening was so successful that – by popular demand – JCFS is doing an encore. “We were blown away by the support from the community,” says Al Benarroch, JCFS’s president and CEO.
“This is really a great way to support JCFS by being together and having fun,” he says.
“Last year, JCFS was able to sell-out the 170 tickets it was allotted by Rumor’s,” adds Alexis Wenzowski, JCFS’s COO. “There were also general public attendees at the event last year. Participants enjoyed a fun evening, complete with a 50/50 draw and raffle. We were incredibly grateful for those who turned out, the donors for the raffle baskets, and of course, Rumor’s Comedy Club.
“Feedback was very positive about it being an initiative that encouraged people to have fun for a good cause: our Older Adult Services Team.”
This year’s “Comedy for a Cause” evening is scheduled for Wednesday, February 25. Wenzowski reports that this year’s featured performer, Rob Bebenek, first made a splash on the Canadian comedy scene at the 2018 Winnipeg Comedy festival. He has toured extensively throughout North America, appearing in theatres, clubs and festivals. He has also made several appearances on MTV as well as opening shows for more established comics, such as Gerry Dee and the late Bob Saget.
For the 2026 show, Wenzowski notes, Rumors’ is allotting JCFS 200 tickets. As with last year, there will also be some raffle baskets and a 50/50 draw.
“Our presenting sponsors for the evening,” she reports, “are the Vickar Automotive Group and Kay Four Properties Incorporated.”
The funds raised from this year’s comedy evening are being designated for the JCFS Settlement and Integration Services Department. “JCFS chose to do this because of our reduction in funding last year by the federal government to this department,” Wenzowski points out.
“Last year alone,” she reports, “our Settlement and Integration Services team settled 118 newcomer families – from places like Israel, Mexico, Brazil, and Argentina. Each year, our program supports even more newcomer families with things like case management, supportive counselling, employment coaching, workshops, programming for newcomer seniors, and more.”
“We hope to raise more than $15,000 through this event for our Settlement and Integration Program,” Al Benarroch adds. “The team does fantastic work, and we know that our newcomer Jewish families need the supports from JCFS. I want to thank our sponsors, Rumor’s Comedy Club, and attendees for supporting us.”
Tickets for the show cost $40 and are available to purchase by calling JCFS (204-477-7430) or by visiting here: https://www.zeffy.com/en-CA/ticketing/jcfs-comedy-for-a-cause. Sponsorships are still available.
Local News
Ninth Shabbat Unplugged highlight of busy year for Winnipeg Hillel
By MYRON LOVE Lindsay Kerr, Winnipeg’s Hillel director, is happy to report that this year’s ninth Shabbat UnPlugged, held on the weekend of January 9-11, attracted approximately 90 students from 11 different universities, including 20 students who were from out of town.
Shabbat UnPlugged was started in 2016 by (now-retired) Dr. Sheppy Coodin, who was a science teacher at Gray Academy, along with fellow Gray Academy teacher Avi Posen (who made aliyah in 2019) – building on the Shabbatons that Gray Academy had been organizing for the school’s high school students for many years.
The inaugural Shabbat UnPlugged was so successful that Coodin and Posen did it again in 2017 and took things one step further by combining their Shabbat UnPlugged with Hillel’s annual Shabbat Shabang Shabbaton that brings together Jewish university students from Winnipeg and other Jewish university students from Western Canada.
As in the past, this year’s Shabbat UnPlugged weekend was held at Lakeview’s Hecla Resort. “What we like about Hecla,” Kerr notes, “is that they let us bring in our own kosher food, it is out of the city and close to nature for those who want to enjoy the outdoors.”
The weekend retreat traditionally begins with a candle lighting, kiddush and a traditional Shabbat supper. Unlike previous Shabbats UnPlugged, Kerr points out, there were no outside featured speakers this year. All religious services and activities were led by students or national program partners.
The weekend was funded in part by grants from CJPAC and StandWithUs Canada, along with the primary gift from The Asper Foundation.
Kerr reports that the activities began with 18 of our local Jewish university students participating in a new student Shabbaton – inspired by Shabbat Unplugged, titled “Roots & Rising.”
In addition to Shabbat Unplugged, Hillel further partnered with Chabad for a Sukkot program in the fall, as well as with Shaarey Zedek Congregation and StandWithUs Canada for a Chanukah program. Hillell also featured a commemoration of October 7, an evening of laser tag and, in January, a Hillel-led afternoon of ice skating.
Coming up this month will be a visit to an Escape Room – and a traditional Shabbat dinner in March.
Kerr estimates that there are about 300 Jewish students at the University of Manitoba and 100 at the University of Winnipeg.
“Our goal is to attract more Jewish students to take part in our programs and connect with our community,” she comments.