Editorial: Jewish Jurists Serve to Remind Us of Justice

Sept. 23, 2020 – As Yom Kippur, the Day of Atonement approaches, we turn our minds to justice – appropriate, given the recent death of the legendary Jewish American Supreme Court Justice, Ruth Bader Ginsburg.

Justice Ginsburg was a wisp of a woman but whose heart was Olympian and whose soul burned fiercely on behalf of those less fortunate, especially women who have, for much of the past century, been treated like second class citizens in the United States. Her decisions were wise, pointed, and filled with the juice of needed change and progress.

Justice has always played a central role in Judaism. Great Jewish biblical heroes, prophets, and philosophers have pointed to the key Jewish precept, “Tzedek, tzedek tirdof” (“Justice, justice shall you pursue.” It appears initially in the Book of Deuteronomy and is part of a set of regulations that bestow on the Jewish people a code of moral behaviour.

Why is the word “justice” repeated twice? The Torah is a very precise book. Each word has been measured for meaning and argued over by great rabbis over many centuries. Perhaps the most widely accepted explanation comes from the most broadly respected rabbi of the 11th century, Rashi, who explains that not only must judges make wise decisions, which accounts for the first “tzedek,” but, as importantly, those in a position of choosing judges must also choose wisely, referring to the second “tzedek.” This gives the people comfort knowing that the courts of justice are populated by good and decent people making judicious decisions.

There is another, more modern interpretation. Some believe the second cry of “justice-tzedek” emphasizes the Jewish values of treating the stranger fairly, feeding the poor, and extending love to our neighbours despite our differences.

In North America, Jewish men and women have figured prominently in the choice of judges. To our great fortune and that of society in general, these Jews have embraced their Jewish values of pursuing justice.

Undoubtedly, “Notorious RBG,” as Ginsburg came to be known, was one of many such Jewish jurists who graced courtrooms in the United States and Canada and did so with a Jewish heart. They were perhaps not as well-known, but certainly as deserving.

From Tillie Taylor, Saskatchewan’s first female Jewish magistrate; to Nathaniel Nemetz, former Chief Justice of British Columbia; to Samuel Freedman, Chief Justice of Manitoba. All three played a key role in the jurisprudence of western Canada.

On the east coast, Constance Glube was the first Jewish woman appointed Chief Justice of Nova Scotia.

In Quebec, where antisemitism was more prevalent than elsewhere in Canada, Jews nonetheless held senior judicial positions: Alan Gold was Chief Justice of Quebec’s Superior Court, and Harry Batshaw and Herbert Marx held sway as a Quebec Superior Court justices (Marx had also been Quebec’s justice minister.)

Ontario also saw the appointment of many Jews to the bench, including Charles Dubin as Chief Justice of Ontario; John I. Laskin, a justice of the Court of Appeal for Ontario and a former legal counsel to Canadian Jewish Congress (CJC); and Sydney Harris, a judge of the Ontario Provincial Court and former national president of CJC.

Today’s Ontario bench features another past president and legal counsel of CJC, Edward Morgan; Justice Katherine Feldman; Justice Paul Perell; and recently appointed Justice Edward Prutschi.

And of course, Canada’s Supreme Court has been positively influenced by some of Canada’s most eminent jurists. Bora Laskin also a former chair of CJC’s legal committee was, famously, the first Jewish Canadian to be Chief Justice of the Supreme Court of Canada. Others on the land’s highest court were Rosalie Abella, the first Jewish woman to reach Canada’s high court, as well as Morris Fish, Michael Moldaver, and Marshall Rothstein.

Each of these jurists not only upheld the highest legal ethics, but did so as proud Jews who were raised with the understanding that in the Jewish tradition, justice and atonement are the highest ideals.

We at the Canadian Jewish Record are proud of those in our community who are lights unto the nation. As we encounter a very special, socially-distant Yom Kippur, may we all be judged for our good deeds. And may those we hurt either by deed or word forgive us.

Editorial: Justice for Racialized Communities: We All Have Skin in this Game

Aug. 20, 2020 – For a time, we really did feel that things were changing. With the tragic murder of George Floyd, many rose from their complacency to demand change. Indeed, these times have been reminiscent of the heady civil rights era in which Martin Luther King, Rabbi Abraham Heschel and other faith leaders, Black and white, Jews and Christians (other faiths weren’t comfortable with the high visibility at the time) who peacefully but passionately spoke out against racism and discrimination. Reminiscent, but not quite the same.

The civil rights era of the 1960s led at first to a momentous change in the body politic of the United States: The Civil Rights Act signed into law by then President Lyndon Johnson in 1964.

A crowning achievement, it was intended to outlaw discrimination based on race, colour, religion, sex, or national origin. It did not, of course. Words on paper are just words if they are not followed by concrete and meaningful action. Words blur, hate is muscular. Words are simply not enough without boldness of action.

Here in Canada, we like to believe we are better. We told ourselves we didn’t require a Civil Rights Act to understand the evil of bigotry. We fooled ourselves into believing that we held the moral high ground.

Among the evidence to the contrary were Ontario’s so-called restrictive covenants, which prohibited the sale of land to Jews and Blacks.

In one of the better-known examples in the post-war era, a labour organization, the Workers’ Educational Association of Canada (WEA), purchased property on O’Connor Drive to build “ideal” homes for working families and soldiers returning home. The WEA soon discovered the deed prevented the land from being sold to Jews “or persons of objectionable nationality.”

That led, in 1945, to an arrangement between the WEA and the Canadian Jewish Congress. Then WEA director Drummond Wren teamed with CJC’s legal committee chair, Bora Laskin, (later to become the first Jewish Chief Justice of Canada) and other lawyers representing the complainants. Together, their argument succeeded. Justice J. Keiller MacKay of the Supreme Court of Ontario, later an Ontario Lieutenant Governor, struck the offensive legislation from provincial law, declaring it “injurious to the public good.” Stated MacKay in his impassioned ruling:

“Canada is pledged to promote universal respect for and observance of, human rights and fundamental freedoms for all without discrimination as to race, sex, language or religion…”

Justice J. Keiller MacKay

But that didn’t spell the end of bigotry. Appeals and counter-appeals wound up before the Ontario Court of Appeal, which, in a contemptible decision in 1949, sidestepped MacKay’s ruling and claimed that barring those of Jewish, “Negro or coloured race or blood” was only to make sure those owning land were of “a class who will get along together.” There was nothing “criminal or unusual” about any of this, the court assured.

It wasn’t until 1950 that Ontario banned the covenants in a bill that saw unanimous support. “There is no place in Ontario’s way of life for restrictive covenants,” pronounced then Ontario Premier Leslie Frost. Later that year, the Supreme Court of Canada struck down all forms of racial and faith-based restrictive land covenants as invalid.

Flash forward to today. While no barriers by race appear in law, bigotry and systemic racism still exist. This week, the Ontario Human Rights Commission (which arose from the battles undertaken by the WEA and CJC) identified, through its Human Rights Tribunals, that systemic racism continues unchecked, causing much harm.

As noted by Ena Chadha, the new Chief Commissioner of the Ontario Human Rights Commission: This past March, a six-year-old Black girl was racially discriminated against when police restrained and handcuffed her at school.

And: In 2018, Black youths had to prepay their meals at a Toronto restaurant.

These are but two examples of systemic racism which were thankfully dealt with under human rights law. But racism continues unabated. This is not a time to take our eyes off the ball. Much work remains to be done. Justice for racialized communities does matter. We all have skin in this game.