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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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Cheryl Hirsch Katz, Jewish Child and Family Service’s longest serving staffer, set to retire at end of the month

By MYRON LOVE “I loved working at Jewish Child and Family Service,” says Cheryl Hirsh Katz, who is due to retire at the end of June.  “I have always appreciated the warm and welcoming atmosphere here.  I feel that the people working here are my extended family. I am going to miss my colleagues”.
“I have derived great satisfaction over the years to have been able to help many people in our community of all ages through my work at JCFS,” she continues.
After 44 years at the agency, Katz, the longest-serving member of the staff, was given an appreciative send-off at the JCFS’s recent (June 23) Annual General Meeting at the Shaarey Zedek Synagogue.
The daughter of Art and Bess Hirsh, Cheryl grew up in Garden City. She attended Peretz School, then Jefferson Junior High and Garden City Collegiate.  She joined the staff of JCFS in 1981, shortly after receiving her Bachelor of Social Work degree. 
She earned an MSW in 1990.
“I chose to become a social worker,” she recalls, “because I always wanted to be able to help people.”
Katz was originally hired by JCFS to work with newcomers. After a couple of years, she was given responsibility for looking after the needs of older adults.
“I really enjoyed working in older adult services,” she says.  “That is where I spent the bulk of my time at JCFS.”
After ten years as a case worker, she was promoted to a supervisory role.  Later, she was also given responsibility for mental health and addictions programming and settlement services, while keeping the older adult files under her purview.
“As a supervisor, I wasn’t directly involved with individual clients,” she points out.  “I was more involved with programming.  Among the programs for seniors we organized were – for example – sessions on elder abuse, digital storytelling and memory loss.”
She notes that one of the trends she has seen over the last 44 years is that people are living longer and living in their homes longer. A lot more of our clients are living well into their 90s,” she observes.  “We have had to continually expand our staff and the services we provide in order to accommodate the growing demands of an aging population.”   
She also spoke of the mental health needs of seniors and aging Holocaust survivors.
She says that she has mixed feelings about leaving JCFS.  “After so many years working full time, I am going to have to create a new routine,” she comments.
She notes that, now that she is retired, she will have more time to spend with her parents – who are in their 90s.
And then, there are the two dogs to look after. “I will have time now to try new activities,” she says. “ I might learn to play mah-jong.”
She speaks about maybe doing some traveling – although her husband, Murray, is still working full time.
(She and Murray have one daughter, Farah.)
“Retirement may also include some volunteering,” she adds.
It is quite likely, she will be continuing her association with JCFS but in a volunteer capacity. 

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Gray Academy students shine in provincial, national debating competitions

Gray Academy student debaters with debating coach Andrew Kaplan (l-r):Nate Shenkarow, Maxim Moscalenkov, Este Lamai, Andrew Kaplan, Raya Braunstein, Noa Mednikov

By MYRON LOVE It has been another good year for Gray Academy’s high school students who participated in provincial and national debating competitions.  The best results were recorded by Grade 9 student Noa Mednikov, who finished fourth overall nationally, fourth in interpretive reading, and fifth in persuasive speaking  at the junior National Public Speaking Championship in early May in Vancouver.
 
Last October, in the Junior Provincial British Parliamentary Championship – which was held at St. John’s-Ravenscourt – Noa and her partner, Raya Braunstein, finished third as a team while Raya placed third in individual debating.
 
Their fellow Grade 9 student Maxim Moscalenkov tied for first in persuasive speaking in Vancouver, while the Gray Academy team of Gabe Tapper and Aaron Koplovich finished fifth. Aaron also finished fifth in his individual debate.
 
Earlier, in March, Maxim finished fifth in the Provincial Juniors debating competition, which was held at Balmoral Hall  He and his debate partner, Nate Shenkarow, finished seventh among the teams entered.   Last November, he and partner, Ethan Tenenbein, finished seventh in the Junior Prepared Tournament – just behind the Gray Academy team of Nate Shenkarow and Jack Kay.    
 
At the senior high level in that competition, the team of Jacob Tenenbein and Jonah Novoseller finished fourth and Jacob was recognized as fifth best in an individual capacity. Jonah and Jacob also paired up to win the Asper Cup, which was held at their home school.
 
Jacob represented Manitoba at the Junior National Speech Championship in Vancouver in May and, last October, he and Grade 12 Gray Academy students Julie Krozkin and Daniel Bokser represented Canada at an international debating tournament in Bermuda.
 
 Gray Academy’s debating program was introduced by Linda Martin in 2003.  She also led the debating teams at Balmoral Hall.  In 2011, Martin was succeeded by Gray Academy high school English teacher Andrew Kaplan.
“Andrew has done a wonderful job with the debating program” says Martin, who has a debating trophy at Gray Academy named in her honour, as well as a provincial trophy for best individual junior debater. “Over the years, Gray Academy students have done very well in many local, national and international competitions,” she adds.
About three weeks ago, this writer had the opportunity to sit down with Andrew Kaplan and six of the school’s top debaters while they discussed the benefits of learning how to debate.  According to Noah Strauss – who competed in the Junior Provincials at Balmoral Hall in March, public speaking leaves him with a feeling of accomplishment.    
“It’s a good skill set to have,” he observes. “It builds confidence.”
“A benefit of being able to debate is that you learn how to convince people that you know what you are talking about,” adds Maxim Moscolenkov.
Raya Braunstein notes that being able to debate is a skill that she expects to be helpful in many university courses which she may choose to take.
As Andrew Kaplan notes, the ability to express yourself has a great impact in whatever career you choose to pursue. 
He points out that debating is compulsory at Gray Academy for all Grade 7 and 8 students – and students can continue debating as an option in the higher grades
Of course, competitive debating is not for everyone.  For those students who opt to take that path, the journey begins with internal school debate competition – with the top debating teams and individuals qualifying for local tournaments and – potentially – beyond.
Andrew Kaplan reports that a small number of  high schools in Winnipeg and southern Manitoba have active debating programs – including St. Johns Ravenscourt, St. Paul’s High School, St. Mary’s Academy, Garden City and Maples Collegiates in the Seven Oaks School Division, St. Maurice (a Catholic School), as well as Morden Collegiate and Dasmesh, a Sikh private school.
Kaplan expresses his appreciation to the Asper Foundation and an endowment spearheaded by the Kives Family  for providing funding for the Gray Academy debating program – as well as the Andrew Slough Foundation – which was established by his friends in memory of the outstanding former Ravenscourt student debater and lawyer who passed away suddenly two years ago at the still young age of 38.    
I am confident that our Jewish community can look forward to the continued success of Gray Academy’s star debaters and to the continual emergence of future stars as the times goes by. 

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Antisemitism has crept into grade school in Canada

Antisemitism in Canada has moved beyond protests and politics; it is now entering classrooms and altering how Jewish children see themselves functioning within them.
A a university student I have observed the experience of my younger brother in grade eight as a Jewish student. Over the past few months, his school has been at the center of several deeply troubling incidents that have made him feel unsafe in our parks, community, and even his school. Swastikas were drawn around the community, in parks and ponds. Additionally, an older man, who claims to be a pro-Palestinian influencer, stood outside his predominantly Jewish school wearing a keffiyeh, filming a video which then circulated between students on TikTok. 
This same man later showed up to our local Jewish community center in keffiyeh to allegedly watch his son play basketball where my brother and many of his classmates go for their lessons, basketball games, and Jewish events. These moments made him and his peers feel watched and targeted just for being Jewish. Local political representatives condemned the incidents and raised awareness about antisemitism, but the fear among students didn’t go away. The feeling of being targeted for simply existing has been taught to my brother, something my parents had tried their hardest to escape from. 
Most recently, my brother was chosen to represent his school at a regional science fair. When one of the judges arrived wearing a keffiyeh, he froze. For many, including my brother after the incidents he has faced, the keffiyeh represents a political message. But even more so for my younger brother, it is tied to the fear and intimidation he had already experienced. He felt nervous, distracted, and unsure of how to act.
This is not about silencing political expression. It is about a child who came to share his ideas and left feeling uncertain and afraid. It is about the atmosphere forming in Canadian schools, where Jewish students are being made to feel targeted and unwelcome.
His school made an effort to address the incidents, but the impact is lasting. Posts on social media, much can be very vague at times about inclusion cannot fully undo the feeling of being singled out. A kind word from a teacher does not erase the fear that builds when threats are left unspoken but deeply felt.
I am writing this as a sister who watched her younger brother lose a moment that should have been filled with confidence and pride. He deserved to feel safe. So do all Jewish students in this country.
Moving forward, schools must take concrete steps to protect all students. Antisemitism cannot only be addressed when it becomes violent or overt. It must also be recognized when it appears as intimidation, symbolic targeting, or political messaging that creates fear among students. Children should never have to question whether they are safe in their own classrooms or community spaces.
Events that are meant to support and celebrate students must remain focused on them. Individuals who feel the need to bring political symbols or messages into school grounds or children’s events should not be welcomed in those spaces. Schools must make it clear that their environments exist to support learning, safety, and inclusion, not to host agendas that can intimidate or isolate students.
Administrators and educators must develop clear guidelines for identifying and responding to antisemitic behavior in all its forms. This includes strengthening security measures, offering ongoing staff training, and engaging directly with Jewish families to understand their concerns. Inclusion is not a one-time statement. It is a responsibility that must be reflected in everyday decisions and actions. No child should ever feel unsafe or unwelcome because of their identity.

The author is a Campus Media Fellow with HonestReporting Canada and Allied Voices for Israel who lives in Toronto.

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