Local News
Thoughts on Sid Green
By GRANT MITCHELL (Grant Mitchell is a well-known lawyer in Winnipeg whose father, Leon Mitchell, was Sid Green’s law partner for many years.
Following are remarks Grant delivered at the meal of remembrance which was held following Sid Green’s funeral on June 9:
Sid was a Gold medallist in law in the class of 1955.
He knew that my Dad, Leon Mitchell, was in sole practice in the Confederation Building. Leon was 13 years older than Sid but graduated just the year before. Leon had been the business agent for the Civic Employees Union of the City of Winnipeg before and during law school, and his union connections gave him a client base to start a practice.
After obtaining his call to the Bar, Sid attended Leon’s office and informed him, “You need me.”
Leon was taken aback. He was physically disabled from a major bout of Guillen-Barre syndrome, but felt fully capable of practising solo. He told Sid he didn’t need anyone.
Sid told Leon, “You don’t understand. I don’t mean you need me to advise clients, I mean I can do the physical side for you, attending court and hearings and other functions that require mobility.”
With that understanding, they became Mitchell & Green, and later Mitchell, Green and Minuk when Sam Minuk joined the firm. They were the only labour firm in Winnipeg at that time that acted exclusively on the Union side.
In around 1960, a Mitchell & Green client did not have the money to pay for his legal fees and offered the partially constructed cottage he was building at Big Whiteshell Lake to the firm as payment, with the excess to be refunded to the client. Sid and Leon became co-owners of that cottage. For years it had no plumbing and an incomplete ceiling. When Leon died in 1987, Sid got the cottage.
When Sid went into politics, Leon supported the move, and in fact delivered the nomination speech for Sid to be leader of the NDP when he ran against Russ Paulley and then Ed Schreyer.
When Sid was made a Cabinet Minister in the Schreyer government in 1969, Leon also left practice to go into public service, as Chair of the Municipal Board, Chair of the Mental Review Board and Commissioner in the Churchill Forest Industries inquiry. Sam Minuk became a Provincial Judge. It was the end of Mitchell Green and Minuk. That practice was the foundation of what has become the Myers firm.
Sid and Leon’s paths would cross again when Leon was mediator of the Northern Flood Agreement and Sid was the Minister responsible for Manitoba Hydro.
They had been professional partners with profound mutual respect, but they were also personal friends and remained so for the rest of Leon’s life.
Leon had a huge admiration for people he thought were unusually intelligent. Sid was at or near the top of that list.
At the funeral, I spoke of Sid’s relationship with my father, Leon Mitchell.
I will just add that during their years at the Confederation Building and then in the Crown Trust Building, they hired an articling student named Bill Rachman, who made Sid and Leon nervous about everything he did. When the articling period ended, Sid told Leon that notwithstanding their reservations about Bill’s ethics and practicing skills, Bill would be far more financially successful than either Sid or Leon. Leon agreed. They were correct.
When Sid returned to private practice after his time in government, the unions and he had a falling out and he found himself acting against unions rather than on their behalf
Sid’s philosophy on unions was that protective labour laws produced weak unions, who would not represent their members’ interests effectively. He felt that Wagner Act type labour legislation, now universal in North America, was a tragic compromise by unions. He believed that the recognition strike and the wildcat strike were fundamental weapons for successful trade unions, and that certification of unions, the duty to bargain in good faith and mandatory grievance arbitration were the poor cousins of the recognition and wildcat strikes. This was opposite to the position of the union movement at that time, which lobbied strenuously for union-friendly legislation in the form of greater and greater regulation of the union employer relationship.
In fact, Sid said that the only labour laws that unions should need were to protect the right to picket, and to take away a court’s power to order a person to work. These 2 provisions are found in sections 56 and 57 of the King’s Bench Act to this day, more than 50 years later, and still known to people of my generation as the “Sid Green amendments”. No injunction to enforce a personal services contract. No injunction to restrict assembly on a public thoroughfare to communicate accurate information, that is, a picket sign.
Sid supplemented professors at the law school, Robson Hall, by delivering several lectures in each term about the fundamentals of labour law. I taught that course for 22 years and I had Sid come for a guest lecture, as he had done in the labour law class when I was a student.
He had a powerful and persuasive way of making his points. For example, he felt that a legislated duty to bargain in good faith was a mistake – let the parties fight it out, and let the stronger survive. If employers don’t bargain genuinely, the response is to hold a strike, not run to the labour board.
“If I offer $1, $2, $3, $5, $10 then I’m bargaining in good faith. If I offer $10, $10, $10, $10, then I’m bargaining in bad faith. But it’s still $10!”
He didn’t like certification and preferred the recognition strike. Settle disputes through battle, not argument. Conflict rather than compromise. He particularly objected to certifying unions by card count as opposed to secret ballot vote. A card signer had no meaningful way of revoking their support for the union if they changed their mind after the union applied for certification.
Sid said, “If I buy a vacuum cleaner from a door to door salesman, under the CPA I have a month to change my mind and get my money back. But if I sign a union card, the next day may be too late to change my mind. Which is more important, having a union take over my bargaining rights, or buying a vacuum cleaner?”
Apart from representing employees against unions, Sid also built a practice of representing lawyers who faced disciplinary action from the Law Society. When he ran to be a bencher, he received more votes than any other candidate, even though he was not affiliated with any of the larger law firms. As a bencher, he would send out a “Report from a Bencher” after each Bencher meeting, giving his analysis on the decisions the Society was making, often critical of the majority.
In so many ways, he believed in a “survival of the fittest” approach to human differences. He did not care for protectionist legislation like Human Rights laws. He particularly objected to affirmative action or any other form of “reverse discrimination”.
In one case I had with him, he was acting for Nabila Malik, an economist in the Cabinet secretariat who had been laid off. I was acting for the employer. He called me to tell me that he wished to amend his statement of claim. “I want to add a paragraph to the claim to say that in letting my client go, the government violated its own affirmative action policy because the policy said that there should be more women in senior civil service positions and yet my client, a woman, was let go when many men in senior civil service positions had remained employed.
“Do you object to my amendment?” “No.”
“You don’t think I believe in that affirmative action bullshit do you?” “I don’t know.”
“I DON’T!” But I say, ‘If you are going to preach bullshit, you have to practice bullshit.’”
Sid took up hockey when he was 50. As a young man, he had been a good athlete, quarterbacking the law school football team. It was a late stage of life to learn to skate and join a new sport but Sid approached it with the same gusto he applied to everything else. When he awoke after cardiac surgery a few years later, his first question was, “Will I still be able to play hockey?” You don’t have to be great at something to love it, as I well know. And Sid loved to play hockey, indoors or out.
An employer client of mine had one of its managers vilified in the union newsletter – the “Golden Turkey Award”. My client said, “We want a lawyer for the manager, and we want that lawyer be one with the kind of reputation that when the other side sees who is threatening to sue them, they will involuntarily cringe uncontrollably.” I gave them 2 names, with Sid’s being the second one. “Sid Green, that name sounds familiar. Who is he?” “Oh, he was once the Minister of Labour in the NDP government, but after he left politics, the unions treated him as a pariah, and now he fights them regularly.” “That’s the guy we want.” Sid took the case. He got a settlement offer so generous that the manager desperately wanted to accept it: full page retraction, apology, substantial payment. He may have been a turkey, but he was not foolish. Sid said it was not enough. He got more, before yielding to the client’s wish to settle. And oh, yeah, there were no more golden turkeys awarded.
Sid loved to litigate. He would rather fight than settle. His adversaries knew that, and as a result, he achieved great settlements. Sid’s rejection of an offer was never a bluff.
He had a fundamental belief in democracy, that the rules should be made by people who were elected, not appointed. If he had the choice, he would prefer to be a law maker rather than a lawyer or judge. He also felt that if a matter was worth taking on, it was worth taking all the way. I doubt that any private lawyer has been involved in more appeals.
Others know more about Sid’s career as a politician than I do. He did love to tell one story about his time in government. In 1975, Bob “Junior” Wilson had just been elected in a Wolseley by-election, narrowly defeating Sid’s friend, D’Arcy McCaffrey. In his first appearance in the Legislative Assembly, Wilson stood up to make his maiden speech. The protocol had long been that when a member speaks for the first time, they give a benign speech about how honoured they are to serve their constituents and how they look forward to working with everyone in the house. Instead, Wilson launched into an attack on the governing Schreyer government, accusing them of every misdeed known to politics, and demanding that they immediately resign and call a general election. It fell to Sid to respond on behalf of the NDP majority.
“The Honourable Member has ignored the usual protocol for new members. I don’t mind that. I have no particular affinity for protocols. I think members should say what they genuinely feel. So I commend the Member for being so frank. I have some difficulty with his message, however. He says that we should resign and cease to govern. But that would be undemocratic. A majority of Manitobans have elected us to run the Province. That is our duty. He may not like it, but the fact is that we are his government. But if he feels badly about that, he should imagine how I feel. He is my member!!”
I’ll close by saying that in Sid’s pre-politics practising days, there were many colourful lawyers that made being a lawyer a fascinating profession. By the time he returned to practice, there were only a few of the wild ones left. The profession needed a gadfly like Sid to make practice fun. The reason he got so many votes from the profession is that Manitoba lawyers recognized that in Sid there was a fearlessness mixed with skill, humour, joy and a profound understanding of the policy reasoning behind the letter of the law. There was no one like him, and I doubt that there will be one. I will miss him.
Local News
Ami Hassan returning as owner of Falafel Place
By BERNIE BELLAN In a surprise move – and after more than a six-year absence as owner of Falafel Place (Corydon at Wilton) the legendary Ami Hassan has decided to return as owner of one of Winnipeg’s most famous eateries.
Long known for his sometimes irreverent attitude to his customers, e.g., “If you’re finished, get out!”, Ami decided to return to running Falafel Place after having retired years ago (or so he thought) from running the Corydon Avenue restaurant.
We asked Ami whether he’ll be sending a special invitation to Julia Roberts to come visit him at Falafel Place. He asked again: “Who’s Julia Roberts?” (Just kidding – he really does know how Julia Roberts is.) Read the story how Ami told her to leave the restaurant and come back later at Julia Roberts turned away from Falafel Place
Ami did note that when customers saw him inside the restaurant one recent day as he was getting it ready for the reopening Monday, August 10, over 20 of them came in asking him if he was open already.
We asked Ami whether the menu will be the same as it was when he last ran the place and he said everything will be the same.
Falafel Place will be open 7 days a week from 7 am – 2 pm. Remember, if you’re finished – get out!
Local News
The enormous – but little known role that Sheldon Berney played in the building of the Asper Campus
By BERNIE BELLAN Sheldon Berney passed away on July 28 in Palm Beach, Florida.
While his name may not be all that familiar to many members of Winnipeg’s Jewish community – other than the campus’s theatre having being named for him, at one time Sheldon Berney played an indispensable role in the building of the Asper Community Campus.
Six years ago I interviewed Bob Freedman about how the Asper Campus came about. Bob is one great story teller and if you want to see the entire interview (which is over an hour long, you can see it on YouTube at Freedman 2020 interview.)
The reason I’m harkening back to that interview now is to remind readers of the vital part that Sheldon Berney played in the building of the campus.
In fact, he was the the first president of the Asper Jewish Community Campus Board and, while the Berney Theatre is named for him and his picture adorns the entrance of the campus – along with Marjorie Blankstein’s and Bob Freedman’s, the contribution Sheldon Berney made to the building of the Asper Campus deserves to be recounted.
The story begins in 1986 when Bob Freedman had agreed to become the new executive director of what was then the Winnipeg Jewish Community Council. At the time he was executive director of Legal Aid Manitoba.
As Bob told me during our 2020 interview, “I said: ‘Look the only way I would consider doing that is if there was a commitment by the leadership of the WJCC to move the community forward.’ I had no intention of being a caretaker on a sinking ship.”
At the time, it should be noted, Winnipeg had begun to descend into the kinds of problems that have only been magnified in more recent years, including a deteriorating downtown – where the old YMHA was located, on Hargave – and to where an increasing number of parents were hesitant to send their children. Further, many young people had been leaving the city for better opportunities elsewhere.
Bob wanted to bring together a coalition of partners whose goal would be to develop a strategic plan that would move the Jewish community forward and revitalize it.
The first person he approached to be a part of that group was Marjorie Blankstein. As Bob explained, “I approached her and said ‘Marjorie, you’d be the perfect chair of our long-range planning committee’ and she agreed right on the spot. She didn’t need any convincing and that was May 2nd, 1986.
We then started the process, but we didn’t recruit Sheldon Berney, by the way, until a few years later,” he noted.
As Bob explained, together with Marjorie Blankstein, the two of them set out to assess community support for what had still not been identified as the campus project per se; it was more of a “sounding out” of as many different factions within the community as possible to determine how strong the determination was to move forward with a project that would complete rewrite the Jewish community’s direction.
I asked him during that interview how Sheldon Berney was eventually brought on board as a key member of the team.
Bob said that he didn’t really know Sheldon well, saying “I only met Sheldon once or twice. He was busy running the business. It was called “Reliance Products.'”
Here’s a brief excerpt from Sheldon Berney’s obituary as it appeared in the Globe & Mail that gives some detail about his business career, and his commitment to community service and philanthropy :
“Born to Ada (Loban) and Martin Berney, Sheldon lived an extraordinary life in Winnipeg before retiring to Florida. He built a distinguished career in business, joining his father at Reliance Products, which he expanded into an internationally respected manufacturer of plastic containers and camping equipment, celebrated for design excellence.
“A pillar of Winnipeg’s Jewish community and dedicated philanthropist, Sheldon chaired the Society of the Plastics Industry, the Manitoba Institute of Management, and the Young Presidents’ Organization. He served on the boards of the YMHA, CJA, and Victoria Hospital and was a core donor to the Canadian Museum for Human Rights. In the 1990s, he chaired the Asper Jewish Community Campus Board, taking immense pride in helping to bring the project to life.”
It was around the time that the idea for the campus project was being formulated that Sheldon Berney had sold Reliance Products, Bob Freedman recounted.
“Sheldon, at that time, was in his 50s and was basically retired,” Bob said.
“Even though he was not well known in the community,” Bob continued, “he had good relationships with people.” Sheldon Berney also socialized with Izzy Asper; they both had properties near each other in Florida, Bob noted.
“They shmoozed around and socialized…and we figured also he had credibility and had time on his hands, so we approached him, we briefed him, and convinced him we would need someone like him to do a job…In terms of how it was done it was a small nucleus of people who were really the movers and shakers on this….We started what was called the long-range planning committee” and Sheldon Berney “started recruiting people to serve on the committee – so we had financial people who were business people – who were ordinary people in the community.” (In fact, the name of the committee evolved to become the “Implementation Committee.”)
“I think we recruited Sheldon around 1989,” Bob recalled.
“There were two things he (Sheldon) said to us (Marjorie and Bob): “He said if I understand how things work with committees and boards – I have no patience for that…I don’t want to come to a ton of meetings. I want to have the authority to move forward and do things…and perhaps we have to spend money and need board approval – I understand that, but I don’t want the politics. I’ve got no patience for that.
“The other thing he said was when the time comes to raise money,” Sheldon said he wanted to check with certain people to see whether they would give their support to the project.
As Bob said (in his own inimitable way): “He didn’t want them to say you’re out of your f….king mind” and Sheldon would have wasted a year or two of his time.
“And Sheldon came back,” Bob said, “and every last one” of the people he had approached, which were about “four or five or six people and all of them said ‘go for it’ – and Sheldon Berney was on board, not only as a key fundraiser, but as someone who was very involved with finding the right location for the campus.
Bob told this somewhat amusing story about what happened when the initial proposal to build a community campus was for it be built at Waverley and Wilkes.
“But there were hydro towers there…and we had a public meeting and the screaming and the yelling that was going on…” and, as Bob explained, someone approached Sheldon and told him to hire someone with a Geiger counter (to measure radiation levels at the proposed site) – and this was already (19)93.” (It’s hard to imagine that the Asper Campus opened only four years later.)
Even though whoever measured the radiation levels at Waverley and Wilkes ultimately reported that there was more radiation “in your kitchen with appliances” than there was radiation from the hydro lines, Sheldon Berney was warned by someone else that “all we need god forbid is one kid in the school gets cancer and you will be dead in the water, so we agreed to move off” the Waverley and Wilkes site.
Once the plan to build at Waverley and Wilkes was dropped the focus turned to the possibility of buying what had been the Fort Osborne Barracks from the province.
Later on, when the fundraising was in full scale, Bob said that Sheldon Berney again played a key role in convincing Izzy Asper to scale back his insistence on having more representatives on the campus board than anyone else. Asper argued that if he puts up “$500,000 he should have 500,000 votes.”
According to Bob, it was Gerry Gray who told Izzy Asper that, in order for the campus project to be a true community project, if someone were to give “$1,000 that could be a really good gift considering their income and that gift is as important, if not more important than your five hundred thousand.”
But, Aper was persistent, Bob said, and one day Sheldon Berney phoned Bob and said Asper “is driving me nuts…so I said ‘Sheldon, I’ll tell you what. Why don’t you suggest to Izzy” that he contribute two million and “at that time two million was a lot of money…and tell him (Asper) he can have two people on the board.” (Bob explained that they were planning a nine-person board so having two representatives on the board would be a significant number, but at the same time the board was envisioned as not having much responsibility: It “would make sure carpets were cleaned, that the taxes were paid, and all that stuff.”
The next day, Bob said, Sheldon Berney met with Izzy and said to him: “Look, we got to put this to bed because I’m not sleeping at night.” Sheldon said to Izzy: “Here’s the deal: Two million bucks – you get two people on the board. He (Asper) says ‘okay.'”
But, as Bob noted, Izzy Asper continued to be very hands-on with the building of the campus and “he would drive Sheldon nuts and he would drive me nuts and he would drive all of us nuts.”
Sheldon Berney continued to play a key role in the campus project throughout its planning and construction. But when you realize that the campus actually went from an idea on paper in as late as 1994 to a fully finished project when it opened in 1997 (although construction continued even after the official opening in the summer of 1997), it’s rather amazing to contemplate how it all came together in such a relatively short period of time.
In an article in The Jewish Post & News published in May 1995 here is what my late brother Matt wrote about the groundbreaking ceremony for what was to become the Asper Campus. Berney, who was master of ceremonies at the ceremony was quoted as saying ” ‘Over the past six years, we’ve talked to people about the campus many times.’ “
The article continued: “The ceremony ended with Berney taking the controls of a huge yellow track excavator and scooping out a big chunk of earth.
“The groundbreaking was a ‘very exciting step’, he added, noting that demolition of some Fort Osborne Barracks buildings and campus construction would start the next week. ‘You’re all here to dream with me about the day in the summer of 1997 when we’ll all be back again to cut the ribbon on a campus that will be a source of pleasure for all of us.’ “
In the photo, Sheldon Berney (left), president, Asper Jewish Community Campus, is with Larry Hurtig, Winnipeg Jewish Community Council president, who is about to present Berney with a certificate of appreciation.
Later, in our September 17, 1997 issue, Matt chronicled the opening ceremonies of the Asper Campus, which were held on Sunday, September 7 of that year.
Again, Sheldon Berney was front and centre, as Matt noted in his report: “Sheldon Berney gazed at the crowd sitting in bridge chairs on the front lawn of the Asper Jewish Community Campus on the warm, sunny day.
” ‘Many times over the past several years, I’ve painted a mental picture of exactly this scene … ‘ the campus president told the crowd.
” ‘… Standing here at the formal dedication ceremony for the Asper Jewish Community Campus, feeling an enormous sense of pride, an enormous sense of accomplishment.’ “
And, because Sheldon Berney was a behind the scenes kind of guy we never really heard a lot of, yet he’s one of three people (the others being Marjorie Blankstein and Bob Freedman himself) to have plaques with their faces on them greeting anyone who walks through the front entrance of the campus we thought it appropriate to pay Sheldon Berney his proper due.
As the inscription on Sheldon Berney’s plaque notes:
The Asper Jewish Community Campus of Winnipeg
The Centre of Life and Learning
Records its sincerest appreciation to
Sheldon Berney
in recognition of his very special efforts
first, as Chair of the Implementation Committee,
and latterly as Chair of the Board of Directors,
for his outstanding leadership in the conception,
fundraising and construction of these facilities
His dedication and style of leadership stand as an
example to all who would serve.
Local News
Scenes from Shalom Square 2026
Shalom Square – the Israel pavilion, is on until Saturday night, August 8. As usual, audiences have been packing the Rady JCC gym to watch entertainment provided by the Chai Folk Ensemble and Kadima Dance Troupe.
(All photos courtesy of Keith Levit)
