Local News
The Jewish National Fund is taking the federal government to court after its charitable status is revoked
By JONATHAN ROTHMAN (Canadian Jewish News) The Jewish National Fund of Canada is taking the federal minister of national revenue to court over Canada Revenue Agency’s decision to revoke its status as a charitable organization.
The federal tax agency’s review of JNF’s funding activities followed reports that it was funding projects in Israel related to the military, which would violate Canada’s rules for charitable organizations.
JNF’s court filing says it will contest CRA’s “wrong and unjustified decision to revoke our charitable status,” according to a letter from JNF’s board president Nathan Disenhouse and CEO Lance Davis posted online July 25.
The organization says that while the matter is before the courts, JNF’s charitable work will continue, “including collecting donations and issuing charitable receipts.”
The CJN made multiple requests for an interview to JNF, including to Davis specifically. While JNF did not grant an interview, the organization provided an emailed response to The CJN’s questions about the matter.
“The CRA has only signaled its intention to revoke, and its policy is to revoke only after the charity’s avenues of appeal are exhausted. So, it is the status quo until there is a court ruling. In the interim, we remain open to working with the CRA on alternate courses of action,” JNF told The CJN.
In its federal court appeal notice, JNF also posits there is a “reasonable apprehension of bias in the decision,” saying Canada’s revenue minister “was under great public pressure to revoke [JNF’s] registered charity status.”
JNF maintains the core issue for the revocation remains “the CRA’s assertion that our original founding charitable object that it accepted almost 60 years ago is now no longer considered to be a charitable object.”
Media reports about JNF’s struggles with the CRA since the July 24 court filing have inaccurately referenced past projects, conflating two different matters, Disenhouse and Davis wrote in an email to Canadian supporters on July 30. JNF sought to “clear up a misconception” it said had been “advanced in numerous articles recently published about JNF Canada,” they wrote in the July 30 email.
“The articles conflated the matter of JNF’s community projects on IDF bases and our recent notice of confirmation to revoke our charitable status. In the June 26, 2024 correspondence from CRA, there was not one mention of the projects on IDF property.”
Some of the previous projects, critics of JNF alleged over the past decade or so, had taken place on land that crossed into the West Bank, or involved infrastructure supporting the military, like building playgrounds on a military base. (One of its fiercest critics, Independent Jewish Voices (IJV), a Canadian Jewish group which supports the boycott and sanctions movement against Israel, has been involved for more than a decade in the attempt to have CRA revoke JNF’s charitable status.)
“The fundamental issue was with respect to our charitable purpose. It was very unfortunate that certain journalists shared content from articles about JNF Canada from many years ago that was not referenced in CRA’s recent correspondence,” Disenhouse and Davis wrote to supporters.
In the late 1960s, the minister of national revenue approved the organization’s purposes and activities, and so “we did not know that there was an issue with our purposes or activities because previous CRA audits did not reveal an issue,” JNF wrote to The CJN in a response to emailed questions.
The organization has been audited five times by the CRA since it began in the 1960s, with the most recent audit in 2014. As a result of that audit, which was based on work done in 2011 and 2012, JNF learned in 2019 that the CRA intended to revoke its charitable status.
JNF said that since the original notice of intent to revoke was issued in 2019, the CRA has been unwilling to meet in person with them.
JNF points out that, according to CRA’s website, they revoked three to five percent of charities audited, “and a large number of them are for failing to file their annual documentation with the CRA. It is evident, based on the statistics, that it is only in rare occurrences is a charity revoked.”
JNF’s email went on to explain that CRA had refused to pursue options other than revocation of its charitable status.
“There are a number of options available to the CRA aside from revocation and we do not understand why they would pursue the most punitive course of action,” JNF wrote.
JNF said CRA had not taken the steps that are outlined on its website, including “exploring compliance measures such as education letters, compliance agreements and sanctions before revoking an organization’s charitable status.”
“The CRA not only skipped steps one to three, it also refused to entertain our suggestions of new objects for our charity or to discuss a compliance agreement,” wrote JNF in the email, adding that CRA representatives “refused to sit down with us at any point in the 10 years of this audit, except for one meeting a few months ago when two representatives of the appeals division granted us an hour and arrived at the meeting with no agenda and no questions for us.”
Bias in the audit, JNF claims
JNF said its appeal filing argues that “there is a reasonable apprehension of bias in the audit.”
An access to information request made it evident “that there was a campaign of anti-Israel organizations, unions, political parties, etc. calling upon the CRA to revoke JNF’s charitable status.
“We have written to the CRA with our concerns that this content may have biased the audit process. CRA replied in writing that there was no bias in the audit.
“This evidence of bias comes from the CRA’s own records, which show that the public pressure on the CRA and the minister to revoke JNF’s status was an important consideration within the chain of authority at the Charities Directorate,” the charity told The CJN.
JNF clarified its position regarding potential CRA bias.
“To be clear, we are not suggesting the CRA is antisemitic,” JNF wrote.
“As a Zionist-inspired organization, however, JNF Canada has many vociferous antisemitic detractors who we believe have influenced the decision-making process in this matter. “
The work done by JNF
Established in 1967, JNF, one of Canada’s oldest Jewish charities, is known for its tree-planting and environmental work in Israel, along with building playgrounds for children. Its more recent projects include JNF Quebec division’s Climate Solutions Prize, which encourages the development of innovative technology addressing climate change by nonprofit institutions and early-stage companies.
However, some of JNF’s projects, which its critics allege support the Israeli military or are on land in the West Bank, have made it the focus of scrutiny by Canadian critics of Israel. Adding to that scrutiny, former prime minister Stephen Harper—criticized by some for his pro-Israel stance–was a visible JNF supporter during his years in office, and JNF named the visitor centre at its Hula Valley bird sanctuary in Israel which opened in 2006 for Harper,
In its email to The CJN, the charity says that it has “systematically and comprehensively addressed” the issues raised in CRA’s 2014 audit.
“Although we do not concede that building parks and playgrounds on IDF land is a violation of charity law, we are no longer are involved with projects on IDF land or any projects that may in any roundabout way benefit the IDF.
“While JNF Canada disagrees that it is contrary to Canadian foreign policy to develop projects on disputed territory (there are dozens of Canadian charities that operate in the disputed territories with CRA’s blessing), we have not supported new projects in the disputed territories since this matter was brought to our attention.”
JNF said that it has an Israeli lawyer review issues of land ownership before undertaking a project “so that we can be certain that we are not doing anything in violation of CRA policies,” and that it had hired a new chief financial officer “who has worked closely with our legal counsel to enhance our record keeping.”
On its website, JNF says its mission currently is “focusing our efforts on the greatest needs in social and environmental infrastructure.”
“We will continue to raise funds in support of building Israel’s charitable 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” while the court appeal proceeds, JNF wrote.
“JNF Canada’s projects benefit all residents of Israel regardless of their religion, ethnicity, creed, [or] orientation.”
Years of anti-Zionist activism led to this moment
The current legal challenge follows years of scrutiny from opponents of the organization, including but not limited to IJV.
IJV’s national coordinator, Corey Balsam, who trumpeted the victory on social media, said the decision came after years of the group’s work on this file, though he noted JNF’s court appeal notice.
“Can’t believe it happened! IJV started working on this 15 years ago, building on decades of work by Ismail Zayid and others,” posted Balsam, referring to one of the four individuals IJV had helped to organize the campaign to have JNF’s charitable status probed and removed over JNF’s Canada Park project.
In 2017, IJV filed a complaint against JNF with federal authorities, alleging that the charity’s activities contravened the Income Tax Act, international law and CRA guidelines.
Then, in a highly critical CBC News article in January 2019, reporter Evan Dyer wrote that JNF had been the subject of the CRA audit over a complaint that it used charitable donations to build infrastructure for the Israel Defense Forces “in violation of Canada’s tax rules.” (JNF maintains that its last CRA audit was in 2014, though conflicting reports reference an audit in 2018. The notice of intent to revoke JNF’s status by CRA is dated August 20, 2019.)
JNF pushed back on the allegations that JNF Canada and its Israeli parent organization, Keren Kayemeth LeIsrael (KKL-JNF), were supporting projects at several military bases, including outdoor fitness areas, developing a new training base, upgrading an existing auditorium for solider intake and new mess hall facilities at two air force bases.
JNF Canada says it stopped funding those projects in 2016 following CRA guidance and told Dyer for that report that JNF operates within CRA rules concerning the organization’s charitable status.
JNF’s CEO, Lance Davis, said at the time the projects were carried out on land owned by the IDF, but that JNF Canada’s charitable funds never flowed to the IDF.
Davis told The CJN in 2019 that with regards to projects “in disputed territory,” JNF is committed to continuing to work with the CRA “to ensure we are in full compliance,” and referred to a 2015 opinion piece in The CJN written by Alan Baker, Israel’s former ambassador to Canada, which argued that the land on which Canada Park sits was “never part of any Palestinian state or entity.”
In 2021, JNF Canada announced it had distanced itself from KKL-JNF which is “an Israeli public benefit corporation.”
“KKL serves as an agent to JNF Canada on a number of our charitable projects. This means that KKL works for JNF Canada in realizing projects that our board selects and agrees to fund. There is a long history between our organizations and we proudly collaborate with KKL on a variety of projects that advance Zionist education and enhancing the environment as well as the quality of life for the people of Israel,” JNF wrote in its email to The CJN.
“There was confusion with respect to the relationship between the two organizations so we rebranded to clarify that we are an independent Canadian charity.”
What the CRA has to say
A spokesperson for CRA declined The CJN’s request for an in-person interview, instead offering written responses to questions.
Addressing JNF’s allegations of anti-Israel sentiment within the CRA’s ranks influencing the charitable status revocation decision, CRA spokesperson Nina Ioussoupova told The CJN via email that the agency is “committed to administering acts for which it is responsible in a fair and impartial manner.”
“The CRA assesses all concerns about registered charities against a clear regulatory and risk framework designed to prevent bias in our decision-making process,” she wrote.
“Additionally, the CRA has a responsibility to protect the integrity of the tax system and the charitable sector and fulfills this responsibility through a balanced program of education, client service, and responsible enforcement, including audits.”
Citing confidentiality provisions under the laws it administers, CRA declined to comment on specific details of court cases.
The website Charity Intelligence Canada currently lists JNF Canada at a one-star rated charity. “JNF Canada is not financially transparent. Its audited financial statements are not posted on its website nor provided when requested,” the website reported.
Its last audited financial statements in 2022, show that JNF received $13.2 million in donations and spent $6.2 million on programs and grants, according to the Charity Intelligence page. JNF Canada’s reserve funds are $30.8 million, the website reports.
“JNF Canada works in Israel and Canada. Its programs in Israel focus on funding social and environmental infrastructure, while its Canadian projects focus on outreach and education in Jewish communities,” the Charity Intelligence page reads.
The website lists the charity’s five core programs as Builders Circle, Climate Solutions Prize, JNF Education, JNF Families, and JNF Future, but notes that JNF “does not provide a breakdown of spending by program.”
As of July 26, Charity Intelligence Canada has updated its JNF page with the following information:
“After nearly [five] years of review and exchanges with JNF Canada, the CRA Charities Directorate announced its decision to revoke its charity status. This would mean that support for JNF Canada no longer receives donation tax receipts. JNF Canada is appealing this decision claiming that the CRA Charities Directorate’s decision is wrong and unjustified.”
Local News
A local vocal extravaganza
By Dr. RAY SINGER I just experienced a revelatory weekend of superb vocal music, about which I wanted to share.
First, on attending Shaarey Zedek for Shabbat morning services I was pleasantly amazed at what was transpiring: Marlaina Sommer was beautifully singing her way through her own Bat Mitzvah service. Having married into a famous local musical family, I was not surprised also to hear her daughter and son-in-law, Sarah Sommer and Justin Odwak, sing – with their ethereal voices flowing over the congregants. Spouse and father Hillel provided percussion.
That was just for starters. My wife and I then attended the first concert in the Asper Jazz Series to hear the New York Voices in their Grand Finale concert tour, Winnipeg being the only Canadian stop on their tour.
Singing as a quartet for 38 years, their jazz singing was superb – with intricate harmonies, scat solos and amazing jazz vocals in the style of Lambert, Hendricks and Ross. They displayed exquisite control, and also interacted well with the audience.
Our final vocal musical experience was most revelatory and meaningful. This event was held on Sunday in the Laudamus theatre on the C.M. U. campus
It was organized by the Women’s Music Club of Winnipeg. Little did I know that club has been bringing in musicians of world stature for 130 years. If not for the kindness of our neighbours, Professors Harry and Mary Lynn Duckworth, we would not have known of this concert, entitled: “In a Dark Blue Night.” The title was written in both English and Yiddish in the program notes.
The music was performed by two wondrous musicians: Isabelle David, pianist and Sara Schabas, solo soprano. They performed a song cycle by the Pulitzer Prize-nominated, N.Y.C.-based Jewish composer Alex Weiser.
The first half of the concert consisted of Leiders by Viennese composers of the early to mid-20th century, all of whom were Jewish or in relationships with other Jewish composers. The composers included: Arnold Schoenberg, Alma Mahler, Erich Korngold, and others. Sara’s rendering of their songs and poems set to music was transcendent and emotive.
The narrator of theevent, Nolan Kehler, himself a musician and music radio host, was excellent in detailing the Zeitgeist around those Viennese composers and how they had to flee Vienna in the late ’30s. At least two were murdered in the Holocaust.
The second half of the concert was even more amazing. Alex Weiser composed music to accompany selected poems written by Jewish immigrants to New York early in the 20th century. Sara, having sung most of the songs in the first half in German, and one in English, then sang those poems beautifully – this time in Yiddish. Then, as a finale she sang a Gershwin medley. To add icing to this note-worthy cake, the pianist played the most challenging dramatic part of “Rhapsody in Blue,” knocking it out of the park
Thus, in one weekend I heard a Sarah and a Sara, and am grateful for our musical riches, especially brought to Winnipeg by both the Mennonite and Jewish communities. I am no music reviewer, but can appreciate the talent and artistry displayed by both Isabelle’s David and by Sara Schabas And, great news: Sara, who is from Montreal has landed a job teaching in the Desautels Faculty of Music. Hopefully many more of us will get a chance to hear her.
Local News
Jewish Foundation Endowment Book Of Life program Sunday, November 1st
By BERNIE BELLAN The Jewish Foundation of Manitoba first launched its Endowment Book of Life legacy programme in 1998.
This charitable initiative allows donors to promise a future bequest to the foundation in exchange for having their personal history, family experiences, and philanthropic values permanently inscribed in a physical and digital archive.
On Sunday morning, November 1, the Jewish Foundation held its most recent Endowment Book of Life event followed by a brunch at the Shaarey Zedek Synagogue. There were five new entries into the Book of Life, from: Brownie Fleishman – in memory of her parents, Beryl and Esther Pierce; Marilyn Goldberg – in memory of her husband, Dr. Norman Goldberg; Melissa Rice – in memory of her husband, Richard Rice; Sharon Wolchock, in memory of her husband, Sid Wolchock; and Anna and Lyle Silverman.
The signers were introduced by Jewish Foundation CEO John Diamond, who, in addressing the signers, said: “Your stories, your generosity, and your commitment to the future of our community will continue to inspire others for generations to come. Thank you for making this meaningful commitment.”
Diamond read excerpts from what the signers had written in the Book of Life or described what had led some of them to be motivated to want to be part of the Book of Life.
From Brownie Fleishman’s inscription about her parents, Beryl and Esther Pierce, Diamond read: “The story of the Pierce family began in Winnipeg in the early 20th century, when Beryl and Esther Pierce came to Canada to establish a new life for themselves and their children.
“Beryl Benjamin Pierce was born in 1883 in Poltova, then part of the Russian Empire, and now Ukraine. He immigrated to Canada in 1912 and settled in Winnipeg, where he became a pioneer in the fur industry. A skilled designer and cutter, he established Pierce Fur Company in the Exchange District. The building that housed that business was later designated a municipal historic building.”
From Marilyn Goldberg’s inscription about her late husband, Norman: “Norman had a deep connection to Judaism and to the Jewish community. He attended synagogue regularly and served on the boards of both the Rosh Pina and the Shaarey Zedek synagogues. He was a leader in the efforts to change the Shaarey Zedek cemetery rules to allow interfaith couples to be buried together. His commitment to Tikun Olam extended to reaching out to the larger world. He helped lead the community’s efforts to settle refugees from Darfur.
“Our children characterized his faith this way: ‘His was a Judaism that was not orthodox in practice, but deeply rooted in Jewish values, tradition, and faith. This led him to good deeds, good words, a good life.’ “
From Melissa Rice’s inscription about her late husband, Richard: “Richard was immensely proud of his Jewish faith and heritage. He celebrated his bar mitzvah, participated in Kadima and AZA, and formed friendships that would last a lifetime.
“His close friend circle included and many who shared countless adventures, misadventures, and laughs over the years. Their friendships endured because Richard understood something important. Relationships require time, loyalty, and commitment.”
John Diamond spoke about Anna and Lyle Silverman’s long commitment to the Jewish community: “Both Anna and Lyle have always been strong philanthropic supporters of the local Jewish community, of Israel, and of Holocaust education.
“A commitment that was reinforced a few years ago after they had participated in an emotionally draining and unforgettable March of the Living trip that took them to the gates of Auschwitz. Their ongoing support of the Jewish community is also inspired by Anna’s memory of the tremendous help that her family received from the Hebrew Immigrant Aid Society when they landed in Montreal as refugees. Their story goes on to say they have been lucky in love and in business, and now as they continue to enjoy a long, comfortable, and well deserved retirement, they are eager to share their good fortune with others. ‘We have a wonderful life and couldn’t ask for anything more,’ Lyle says, ‘so now it is time to give back.’
“Through hard work, a commitment to education, and a strong connection to their Jewish community, they built a family whose succeeding generations continue to benefit from the opportunities they created.”
Diamond said this about Sharon Wolchock’s inscription about her late husband, Sid: “Sid was Sharon’s biggest supporter. Her volunteer work with the National Council of Jewish Women and the Jewish Federation mattered as much to him as his own legal career, and he backed it fully. He wanted Sharon and their daughters rooted in the Jewish community in whatever way suited each of them. In 1983, on Sid and Sharon’s first trip to Israel, Sid’s lifelong connection with the Jewish state was born.
“Sid’s love of aviation and history and his pride in being a Jew emerged during that trip. He became a passionate supporter of Israel’s soldiers and donated club rooms on two Air Force bases named for his brothers Harvey and Bernie so that the hardworking and often underappreciated technical crews had somewhere pleasant to relax.”
Following the ceremonial signing ceremony, guests in attendance were treated to entertainment by a quartet of talented singers: Julia Kroft, Josh Bellan, Alyssa Crockett, and Vinnie Alberto.
Closing out the day’s programme, current Jewish Foundation Board Chair Dafna Shore paid tribute to this year’s signers – and to the more than 800 signers of the Book of Life who had preceded them:
Shore said: “What makes this program so extraordinary and why it continues to resonate with so many people is the opportunity it gives us to share the stories that shape who we are, stories that might not otherwise have been told.
“Through the Endowment Book of Life, these stories are given a permanent home. Together, they form a living history of Jewish life in Manitoba, one filled with resilience, compassion, humor, and hope. These stories are more than a record of the past. They offer lessons for the future, showing generations to come, what it means to belong, to give, and to take responsibility for the strength of our community. Thank you for adding your voice and your vision.
“To this collection and for making a legacy commitment to the Jewish Foundation of Manitoba, your generation helps ensure that the programs, schools, and organizations that sustain Jewish life here will continue to thrive for generations to come.
“One of the great privileges of serving as chair is helping advance the Foundation’s mission, securing our community’s future while supporting its growth today. The Endowment Book of Life embodies that mission beautifully. It reminds us that each of us in our own way has the power to make a lasting difference.
“As we reflect on the importance of leaving a lasting legacy, I’d also like to take a moment to remember two valued members of the Jewish Foundation and Manitoba family who we lost this past year, Sheldon Berney and Lillian Neaman.
“Both served as governors of the Foundation, demonstrating their commitment to our community through their leadership and service. We are grateful for their contributions and the role they played in helping strengthen the foundation. Their memories remind us that a lasting legacy is built through the generosity, dedication, and commitment of those that came before us. May their memories be a blessing.
“As long as members of our community continue to invest in tomorrow, through their generosity, their readership, and their willingness to share their stories, Jewish life in Manitoba will continue to flourish. Thank you all for being part of that story.”
Local News
Application filed by two former members of Etz Chayim Congregation against the congregation to have their memberships restored dismissed by judge
The following is taken from the Canadian Jewish News website: “Manitoba’s Court of King’s Bench has dismissed Hadass Eviatar and David Hoult’s application challenging the termination of their membership at Congregation Etz Chayim. In his decision, Justice Vic Toews noted that, although Hoult’s letter describing a hypothetical attack on the synagogue may have lacked sensitivity given the political climate, he did not intend to threaten violence against congregants. However, the judge ruled that the court did not have jurisdiction to intervene in the membership dispute under Manitoba’s Corporations Act, finding that the couple had no financial, proprietary or economic interest that would entitle them to the remedies they sought. The judge concluded that religious organizations are generally free to determine their own membership rules and ordered each side to bear its own legal costs.”
If you would like to read the original article that broke the story about the battle between Hadaass Eviatar and David Hoult with Etz Chayim Congregation you can go to Epic Court Battle.”
