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A court ruling has transformed — and limited — the way New York state can regulate yeshivas
NEW YORK (JTA) — What should happen when a yeshiva does not teach its students the legally required amount of secular studies? And who should be held responsible: the school, or the parents who chose it?
Both of those questions were at the heart of a bombshell ruling in a New York state court last week that, if it stands, will transform how the state can regulate private schools. It also poses a challenge to advocates for increased secular education in yeshivas, who have spent years pushing the state to more strictly enforce its standards in schools.
It’s the latest major development in a years-long battle between an education department that seeks to compel secular education standards across private schools and haredi Orthodox yeshivas resisting coercion from the state.
In a trial that pitted several yeshivas and their advocates against the state’s education department, a judge in Albany ruled that the state no longer has the power to effectively force yeshivas to close for not teaching secular studies in a way that is “substantially equivalent” to education in public school. According to the ruling, state law says it’s the responsibility of parents, not schools, to ensure that children receive a “substantially equivalent” secular education.
But the court also ruled that the education requirements themselves still stand. The yeshivas and their supporters had taken the department to court, hoping that the judge would fully strike down the regulations that mandated secular education standards.
Both advocates and critics of the yeshivas are celebrating parts of the ruling and lamenting others. What’s clear is that the state’s mechanism for enforcing secular education standards in private schools will have to change, though what shape it will take remains to be seen.
“It highlights and it notes that the statute itself requires parents to ensure that their children receive a substantially equivalent education, but it doesn’t impose an obligation on the schools to provide that,” said Michael Helfand, a scholar of religious law and religious liberty at Pepperdine University, explaining the ruling. “If that’s the case, there’s no authority under the statute to close the school because the school failed to provide a ‘substantially equivalent’ education.”
The regulations at issue were approved in September, soon after The New York Times published the first in a series of articles investigating Hasidic yeshivas, reporting that a number of them received public funding but fell far short of secular education requirements. The yeshivas, and representatives of haredi Orthodox communities more broadly, have decried the articles as biased and inaccurate.
According to the new regulations, if yeshivas (or other private schools) did not provide a “substantially equivalent” secular education to their students, the state could compel parents to unenroll their children and place them in a school that meets state standards — effectively forcing the school to close.
The judge who wrote last week’s ruling, Christina Ryba, found “that certain portions of the New Regulations impose consequences and penalties upon yeshivas above and beyond that authorized” by law. Ryba wrote that the regulations exceed the state’s authority by forcing parents to withdraw their children.
She added that state law does not mandate that children must receive the requisite secular education “through merely one source of instruction provided at a single location.” She added that if children aren’t receiving the necessary instruction at yeshivas, they can still get it elsewhere, in some form of “supplemental instruction that specifically addresses any identified deficiencies.”
What that ruling means, Helfand said, is that the state will have to turn to other methods to enforce those standards, such as choosing to “tie particular requirements to the way in which schools receive funding.” The state could also investigate parents, not schools — which he described as a much more arduous undertaking.
“It would then have to slowly but surely make its way through each individual family or each individual child [and] ask questions about what they’re supplementing,” he said. “It’s very hard to see exactly how the New York State Education Department could, given this ruling, ensure that every child is receiving a basic education.”
For yeshivas and their advocates, he added, “It’s not the constitutional victory that I think some hoped for but it’s a very practical victory that in the end may stymie the state’s ability to actually impose significant regulation.”
That’s the way advocates of yeshivas — including parties to the petition — appear to be reading this ruling. A statement from Parents for Education and Religious Liberty in Schools, known as PEARLS, one of the petitioners, said the ruling gives “parents the right to send their children to the school of their choice. …In sum, it provides parents and parochial schools with both the autonomy and the protections that the regulations tried to strip away.”
Another advocate of yeshivas that was party to the case, the haredi umbrella organization Agudath Israel of America, saw the ruling as “not the complete victory many were [praying] for,” according to a statement, because it didn’t strike down last year’s regulations entirely. But the group was grateful that Ryba did rule out “the egregious overreach the Regulations sought,” including the “prospect of forcibly shutting down schools.”
Rabbi Avi Shafran, Agudath Israel’s director of public affairs, told JTA that the organization was “obviously relieved” by the ruling but feels the battle isn’t over. At the beginning of the year, Agudath Israel launched a campaign called “Know Us” that aims to counter what it calls a “smear campaign” by The New York Times.
“But with elements out there bent on pressuring yeshivos to accept their own personal educational philosophy, we remain on the alert for any future attempts to limit yeshivos or parental autonomy,” Shafran wrote in an email.
While Agudath Israel may see the ruling as a partial victory, that doesn’t mean advocates for secular education necessarily see it as a total defeat. Young Advocates for Fair Education, known as YAFFED, which submitted an amicus brief to the court in support of the Department of Education, said in a press release that the ruling “is of grave concern to all parents with children in non-public schools.” Beatrice Weber, YAFFED’s executive director, said the ruling will require the group to shift its strategy, which has until now focused on compelling the schools to teach secular studies.
But she is heartened that the core requirement to provide a threshold level of secular studies still stands for parents — and she’s skeptical that haredi communities will take the risk of asking parents to violate that requirement en masse. In the end, she believes more yeshivas will, in fact, become “substantially equivalent” in order to remove that risk.
“This victory they’re celebrating is really putting them in this corner,” Weber said. “We’ll see what they decide to do but none of the claims of [the regulations] being a violation of religious freedom — none of that was accepted.”
Weber acknowledges that the burden for secular education has now shifted to parents, and “there’s not going to be someone knocking on every door” to make sure parents comply. But she noted that many haredi families interact with the state because they receive forms of public assistance, which she said could provide a built-in mechanism to pressure them to comply.
“Any time they touch the government it’s going to come up,” she said. “Many Hasidic families deal with government programs a lot — whether it’s Medicaid, whether it’s food stamps. I can’t see community leaders saying, ‘Whatever, let the families figure it out.’”
A spokesperson for the state education department declined to say whether the state plans to appeal the ruling, or what it means for future oversight of yeshivas. But in a statement, the department said the ruling “validates the Department’s commitment to improving the educational experience of all students.”
The statement added: “We remain committed to ensuring students who attend school in settings consistent with their religious and cultural beliefs and values receive the education to which they are legally entitled.”
Whatever the future holds, Helfand says the ruling reflects a new way to read the law that, for years, has driven tensions between the state and yeshivas.
“I would have expected people reading the statute not to distinguish between whether ‘substantially equivalent’ is a parental obligation or a school obligation,” he said. “The fact that the court was able to slice the obligation in such a precise way — it’s something we haven’t seen before.”
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Canada’s economic growth projected to be about 1% in the first half of 2024
Canada is a country with a thriving Jewish community and has traditionally offered the security of a strong economy for residents. The national economic outlook is naturally something that everyone in Canada’s Jewish community keeps track of – especially those involved in business in the various provinces.
With this in mind, the July 2023 Monetary Policy Report from the Bank of Canada made for interesting reading, projecting a moderate economic growth figure of around 1% for the first half of 2024. This is in line with growth figures that had been forecast for the second half of 2023, and sees the country’s economy remain on a stable footing.
Steady projected growth for first half of 2024
Although projected economic growth of around 1% in early 2024 is not as impressive as figures of around 3.4% in 2022 and 1.8% in 2023, it is certainly no cause for alarm. But what might be behind it?
Higher interest rates are one major factor to consider and have had a negative impact on household spending nationally. This has effectively seen people with less spending power and businesses in Canada generating less revenue as a result.
Interest rate rises have also hit business investments nationally, and less money is being channelled into this area to fuel Canada’s economic growth. When you also factor in how the weak foreign demand for Canadian goods and services has hit export growth lately, the projected GDP growth figure for early 2024 is understandable.
Growth in second half of 2024 expected
Although the above may make for interesting reading for early 2024, the Bank of Canada’s report does show that economic growth is expected to pick up in the second half of the year. This is projected to be due to the decreasing effect of high interest rates on the Canadian economy and a stronger foreign demand for the country’s exports.
Moving forward from this period, it is predicted that inflation will remain at around 3% as we head into 2025, and hit the Bank of Canada’s inflation target of 2% come the middle of 2025. All of this should help the country’s financial status remain stable and prove encouraging for business leaders in the Jewish community.
Canada’s economic growth mirrors iGaming’s rise
When you take a look at the previous growth figures Canada has seen and also consider the growth predicted for 2024 (especially in the second half of the year), it is clear that the country has a vibrant, thriving economy.
This economic growth is something that can be compared with iGaming’s recent rise as an industry around the country. In the same way as Canada has steadily built a strong economy over time, iGaming has transformed itself into a powerful, flourishing sector.
This becomes even clearer when you consider that Canadian iGaming has been a major contributor to the sustained growth seen in the country’s arts, entertainment and recreation industry, which rose by around 1.9% in Q2 of 2023. The healthy state of online casino play in Canada is also evidenced by how many customers the most popular casino platforms attract and how the user experience these operators offer has enabled iGaming in the country to take off.
This, of course, is also something that translates to the world stage, where global iGaming revenues in 2023 hit an estimated $95 billion. iGaming’s global market volume is also pegged to rise to around $130 billion by 2027. These kinds of figures represent a sharp jump for iGaming worldwide and show how the sector is on the ascent.
Future economic outlook for Canada in line with global expectations
When considering the Canadian economic outlook for 2024, it is often useful to look at how this compares with global financial predictions. In addition to the rude health of iGaming in Canada being reflected in global online casino gaming, the positive economic outlook for the country is also broadly in line with expectations for many global economies.
Global growth is also predicted to rise steadily in the second half of 2024 before becoming stronger in 2025. This should be driven by the weakening effects of high interest rates on worldwide economic prosperity. With rate cuts in Canada already expected after Feb 2024’s inflation report, this could happen in the near future.
The performance of the US economy is always of interest in Canada, as this is the country’s biggest trading partner. Positive US Q2 performances in 2023, powered by a strong labor market, good consumer spending levels and robust business investments, were therefore a cause for optimism. As a US economy that continues to grow is something that Canadian businesses welcome, this can only be a healthy sign.
Canada set for further growth in 2024
Local news around Canada can cover many topics but the economy is arguably one of the most popular. A projected GDP growth figure of around 1% for Canada’s economy shows that the financial state of the country is heading in the right direction. An improved financial outlook heading into the latter half of 2024/2025 would make for even better reading, and the national economy should become even stronger.
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The Legal Landscape of Online Gambling in Canada
Online gambling has grown in popularity around the globe in recent years. While many jurisdictions have legalized land-based gambling, it hasn’t applied to online platforms. Nonetheless, Canada is one nation that has legalized online gambling with their provinces’ licensing and regulating sites.
Nonetheless, Canadians of legal age can enjoy playing their favourite online games where available. So many games like slots, blackjack, and roulette still maintain their popularity even in the digital sense. Want to learn about what’s legal in Canada for online gambling? Let’s take a look.
What is legal for online gambling in Canada?
What is the best online casino in Canada? The list we provide you here should be a good start. It’s also important to note that most Canadian provinces do not have laws that prohibit offshore online casinos.
Many provinces provide licensing to online casinos. They even regulate them as well. For example, Alberta and British Columbia have sites regulated by their respective governing bodies. The Atlantic Lottery Corporation (ALC) allows legal online gambling and oversees the services it offers to Maritime provinces such as New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador.
However, there are some caveats to address. In Newfoundland and Labrador, online gambling that is not offered by the ALC is considered illegal. Therefore, it is the only Canadian province as of 2024 that prohibits offshore options.
In terms of the legal age, there are three provinces where the legal age is 18: Alberta, Manitoba, and Quebec. The remaining provinces establish 19 as the legal age for gambling including online.
Who are the regulatory bodies for gambling in Canada?
At the Federal level, the Canadian Gaming Association is the regulatory body for gambling in Canada. Thus, they cover both land-based and online gambling in the country. There are also provincial and regional regulatory bodies such as the Atlantic Lottery Corporation (ALC) – which covers the provinces of New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador.
The Western Canada Lottery Corporation covers Alberta, Saskatchewan, Manitoba, Nunavut, Northwest Territories, and the Yukon Territory. A handful of provinces also have their regulatory bodies covering lottery and gaming.
Canada requires online casinos that wish to accept players from the country to adhere to regulations and licensing. These licenses are provided by provincial regulatory bodies. When licensed, online casinos must follow the regulations and security standards.
However, there is the belief that many of the laws about gambling in Canada may be outdated. This could be because these laws were created long before the advent of the Internet. Therefore, such laws may need to be modernized. Nonetheless, online gambling for the most part is legal, just dependent on the province.
Are there any legal grey areas to discuss?
The grey area that is considered a concern pertains to the use of offshore sites. As mentioned earlier, Newfoundland and Labrador is believed to be the only province that prohibits it. Even online casinos with no licensing by Canadian or provincial authorities accept residents of the country.
On the players’ end, many Canadians are allowed to play at online casinos. However, they may be restricted from certain platforms. This is to ensure that the players themselves are protected from unknowingly playing on platforms that may be illegal.
What are the other laws and regulations about online gambling in Canada?
Online casinos have implemented measures for responsible gambling. This includes providing support and resources to problem gamblers on their site. They are also restricted regarding the marketing and advertising aspects of promoting their platform.
One restriction of note is that marketing that is targeted at minors is prohibited. Another prohibits professional athletes from appearing in online casino ads in Ontario.
Even offshore casinos must adhere to these laws and regulations. Especially if they have obtained a license from the provincial bodies that allow them to operate.
Canada’s online gambling is legal – but will things change
As it stands right now, the legality of online gambling in Canada seems to fall under the purview of provincial laws and regulations. Canadian citizens must perform their due diligence further to see which online casinos are allowed by their respective provinces. Just because it may be legal in one province, it may not be the same in others.
Nonetheless, the question is: will any laws relax certain restrictions? Will Newfoundland and Labrador change their tune regarding offshore casinos? It’s unclear what the future holds – but watch this space for any changes about online gambling in Canada.
Obituaries
Dr. NATHAN WISEMAN
Wiseman, Nathan Elliot
1944 – 2023
Nathan, our beloved husband, Dad, and Zaida, died unexpectedly on December 13, 2023. Nathan was born on December 16, 1944, in Winnipeg, MB, the eldest of Sam and Cissie Wiseman’s three children.
He is survived by his loving wife Eva; children Sam (Natalie) and Marni (Shane); grandchildren Jacob, Jonah, Molly, Isabel, Nicole, and Poppy; brother David (Sherrill); sister Barbara (Ron); sister-in-law Agi (Sam) and many cousins, nieces, and nephews.
Nathan grew up in the north end of Winnipeg surrounded by his loving family. He received his MD from the University of Manitoba in 1968, subsequently completed his General Surgery residency at the University of Manitoba and went on to complete a fellowship in Paediatric Surgery at Boston Children’s Hospital of Harvard University. His surgeon teachers and mentors were world renowned experts in the specialty, and even included a Nobel prize winner.
His practice of Paediatric Surgery at Children’s Hospital of Winnipeg spanned almost half a century. He loved his profession and helping patients, even decades later often recounting details about the many kiddies on whom he had operated. Patients and their family members would commonly approach him on the street and say, “Remember me Dr. Wiseman?”. And he did! His true joy was caring for his patients with compassion, patience, unwavering commitment, and excellence. He was a gifted surgeon and leaves a profound legacy. He had no intention of ever fully retiring and operated until his very last day. He felt privileged to have the opportunity to mentor, support and work with colleagues, trainees, nurses, and others health care workers that enriched his day-to-day life and brought him much happiness and fulfillment. He was recognized with many awards and honors throughout his career including serving as Chief of Surgery of Children’s Hospital of Winnipeg, President of the Canadian Association of Pediatric Surgeons, and as a Governor of the American College of Surgeons. Most importantly of all he helped and saved the lives of thousands and thousands of Manitoba children. His impact on the generations of children he cared for, and their families, is truly immeasurable.
Nathan’s passion for golf was ignited during his childhood summers spent at the Winnipeg Beach Golf Course. Southwood Golf and Country Club has been his second home since 1980. His game was excellent and even in his last year he shot under his age twice! He played an honest “play as it lies” game. His golf buddies were true friends and provided him much happiness both on and off the course for over forty years. However, his passion for golf extended well beyond the eighteenth hole. He immersed himself in all aspects of the golf including collecting golf books, antiques, and memorabilia. He was a true scholar of the game, reading golf literature, writing golf poetry, and even rebuilding and repairing antique golf clubs. Unquestionably, his knowledge and passion for the game was limitless.
Nathan approached his many woodworking and workshop projects with zeal and creativity, and he always had many on the go. During the winter he was an avid curler, and in recent years he also enjoyed the study of Yiddish. Nathan never wasted any time and lived his life to the fullest.
Above all, Nathan was a loving husband, father, grandfather, son, father-in-law, son-in-law, uncle, brother, brother-in-law, cousin, and granduncle. He loved his family and lived for them, and this love was reciprocated. He met his wife Eva when he was a 20-year-old medical student, and she was 18 years old. They were happily married for 56 years. They loved each other deeply and limitlessly and were proud of each other’s accomplishments. He loved the life and the family they created together. Nathan was truly the family patriarch, an inspiration and a mentor to his children, grandchildren, nephews, nieces, and many others. He shared his passion for surgery and collecting with his son and was very proud to join his daughter’s medical practice (he loved Thursdays). His six grandchildren were his pride and joy and the centre of his world.
Throughout his life Nathan lived up to the credo “May his memory be a blessing.” His life was a blessing for the countless newborns, infants, toddlers, children, and teenagers who he cared for, for his colleagues, for his friends and especially for his family. We love him so much and there are no words to describe how much he will be missed.
A graveside funeral was held at the Shaarey Zedek cemetery on December 15, 2023. Pallbearers were his loving grandchildren. The family would like to extend their gratitude to Rabbi Yosef Benarroch of Adas Yeshurun Herzlia Congregation.
In lieu of flowers, donations can be made to the Children’s Hospital Foundation of Manitoba, in the name of Dr. Nathan Wiseman.
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