BREAKING: West Bank Wine Case Shuts Out Interveners

Oct. 8, 2020

Jewish advocacy groups will not have a say in the case of the wine labels from Israel.

In a recent ruling, a Federal Court judge denied intervener status to a dozen organizations that sought input in the ongoing challenge to wines made in the West Bank but labeled as “Product of Israel.”

Psagot Winery

They included the Centre for Israel and Jewish Affairs (CIJA) and B’nai Brith Canada’s League for Human Rights.

One of wineries at the centre of the case, Psagot Winery Ltd., was added to the case as a respondent, but the court said its participation “must be limited.”

At issue in the case is whether wines produced by the Psagot and Shiloh wineries in West Bank Jewish settlements can be labeled as “Product of Israel” under Canadian law.

Last year, a Federal Court judge found that “made in Israel” labels on settlement wines are “false, misleading and deceptive” because international law does not recognize the West Bank as part of Israel, and that Canadians have a right shop “conscientiously.” She returned the case to the Canadian Food Inspection Agency’s appeals board for further consideration.

The government appealed her ruling. But before the appeal could be heard, a judge dismissed everyone who wanted to weigh in on the case, saying, in effect, that the court will not be drawn into a battle over the Israeli-Palestinian conflict.

In his ruling, Federal Court of Appeal Judge David Stratas said that “a number” of parties wishing to intervene wanted to address “Israel’s occupation of the West Bank, including the status of the West Bank, the territorial sovereignty of Israel, human rights and humanitarian concerns, issues of international law, and other related issues. Many of them appear to want this Court to rule on the merits of these issues.

“But there is one basic problem,” the judge wrote. “This appeal does not raise the merits of these issues.”

He said the case should properly rest on Canadian laws regulating the labeling of food and drugs, which are designed to protect consumers. There is “nothing to suggest,” Stratas said, that these laws “were enacted to address state occupation of territories and, in particular, Israel’s occupation of the West Bank.”

The Israel/West Bank issue “is a controversial one, with many differing views and deeply-felt opinions on all sides,” the judge went on. However, it is not “useful” for the appeals court to hear the interveners.

In addition to CIJA and B’nai Brith, Stratas dismissed requests to intervene from Independent Jewish Voices, the Centre for Free Expression, Amnesty International Canada, Prof. Eugene Kontorovich, Prof. Michael Lynk (the UN special rapporteur on Palestinian human rights), the Arab Canadian Lawyers Association, the Transnational Law and Justice Network, and Canadian Lawyers for International Human Rights, Al-Haq.

Independent Jewish Voices and B’nai Brith’s League for Human Rights were interveners in the Federal Court case.

Stratas also took aim at other judges who “give the impression that they decide cases based on their own personal preferences, politics and ideologies. Increasingly, they wander into the public square and give virtue signalling and populism a go.”

The judge said he didn’t want to be too hard on the prospective interveners, saying he suspects that some of them were “lured” to the appeal “by torqued-up press reports distorting what the Federal Court decided. And once one group applies to intervene on a controversial issue like this, others feel they also have to apply.”

The Psagot winery, about 20 kilometers northeast of Jerusalem in an Israeli settlement of the same name, was added to the case as a respondent because the court should have notified it of the case, said the judge. The court said the winery was “never invited” to join the case but should have been, and that it found out about the matter from media reports.

The winery “is pleased to have been granted the opportunity to be a party to this important legal proceeding,” said its lawyers, David Elmaleh and Aaron Rosenberg of the Toronto firm RE-LAW.

The firm’s website leaves little doubt about how it feels when it comes to the winery’s legal status:

“Psagot Winery’s wines are produced by Israelis under the auspices of an Israeli company in an Israeli community on Israeli land subject to Israeli law, in the State of Israel, and in the Land of Israel. Its wines are products of Israel.”

In a statement to the CJR, David Matas, legal counsel to the League for Human Rights, found fault with Stratas’ “over-generalizations.”

Also, this ruling was made by a single judge. “Yet the appeal itself will be heard, presumably, by a panel of three judges. The other two members of the panel might disagree with this judge on many of the statements he made.”

Interveners may ask the court to reconsider its decision within 10 days of the ruling, but “it is too early for B’nai Brith Canada to decide whether we will or will not do so.”

The case goes back to 2017, when Winnipeg resident David Kattenburg raised concerns with Ontario’s liquor board that products from the two wineries were from Israeli settlements in the occupied territories, not from Israel itself, and were deceptively labeled as “Product of Israel.”

He then complained to the Canadian Food Inspection Agency (CFIA), which sided with him. However, after Jewish groups protested, the agency abruptly reversed course, saying the wines could be sold under the Canada-Israel Free Trade Agreement.

Kattenburg appealed to the agency’s Complaints and Appeals Office, which upheld the reversal. He then sought a judicial review at the Federal Court.

The court sided with Kattenburg, and Jewish groups urged an appeal based on what they said were errors committed by the judge. The government agreed. Due to delays brought about by COVID, it is not clear when the matter will be heard.

* The above clarifies that the Psagot winery was added to this case as a respondent, not an internever.

– By CJR Staff

Book Review: The Two-State Dilemma

The Two-State Dilemma: A Game Theory Perspective on the Israeli Palestinian Conflict (Barlow Publishing), By Michael Dan

By RAJA G. KHOURI and JEFFREY J. WILKINSON.

Michael Dan’s new book, The Two-State Dilemma: A Game Theory Perspective on the Israeli-Palestinian Conflict, makes three bold and provocative statements within its opening pages: One: “The two-state game has ended; a new game is now underway.” Two: “What’s happening today in the Palestinian Territories isn’t occupation – it’s colonization.” Finally, “What further use do we have for Zionism? Why bother clinging to an ideological relic from the nineteenth century?”

Dan writes dispassionately about issues that have inflamed passions on all side for decades, and in these three statements, he implodes the principal arguments held so dearly by progressive Zionists: That the two-state solution is dead, that we can no longer call for an end to the occupation because it is de facto colonization; and that Zionism is an anachronistic notion that has served its purpose and is no longer worth holding onto.

Dan pushes this even further by declaring that Israel is not a liberal democracy, but an ethnocracy, meaning that “according to its own constitution, Israel is not a ‘state of all its citizens.’ The legal sovereign of the state of Israel is the Jewish people – regardless of their citizenship status or place of residence in the world.”

Michael Dan
Michael Dan

The author makes clear his book is not prescriptive, but “it might help us to think about [the conflict] in original and counter-intuitive ways.” After setting the table with the above proactive statements, he gives a primer on game theory for conflict resolution, beginning with the well-known “prisoner’s dilemma,” in which two individuals, acting in their own self-interest, will never produce the optimal outcome, but if they cooperate, can both do better.

Game theory, as outlined by Dan, relies on non-zero sum (non-binary) solutions to difficult situations. He states: “Since biblical times, every major conflict in the Middle East has been framed as an ‘us versus them’ trade-off: a zero-sum game in which one side’s gains represent the other side’s losses. Game theory on the other hand provides “an opportunity for rational co-operation between two opponents.”

In the prisoner’s dilemma, where two prisoners have an option of snitching on each other to the police or remaining silent, the best possible collective outcome for both is realized when the prisoners cooperate and remain silent. Betrayal of the other by both would produce the worst possible collective outcome. The key ingredient to cooperation is a high level of trust. Will the other party cooperate if I did, and what is the risk to me if they don’t?

When applied to the Palestinian-Israeli conflict, Dan feels the best collective outcome is achieved by a one-state solution in which everyone will have equal rights and access to the entire land of Historic Palestine. Such a “utopian scenario” will require a great deal of trust between the two parties.

The two-state option is second best, given that while it produces, for each party, independence from the other, each side will have access to only their part of a divided land.

The author believes there are no desirable remaining options, which are a non-democratic Zionist state where a Jewish minority governs over a Palestinian majority (because of demographics); or a democratic Arab state where an Arab majority rules over a Jewish minority.

Dan’s focuses on the “Nash Equilibrium” and the “Pareto Principle,” and applies those to the Israeli-Palestinian conflict. The Nash Equilibrium is when suspicion of the other leads you to try to undermine the other party before they do the same to you. It very much describes the behavior of Palestinians and Israelis throughout the Oslo peace process. The Pareto Principle is the opposite: Optimality is achieved by arriving at the best possible collective outcome. Dan writes:

From a game theory perspective, the Israeli-Palestinian conflict may be reduced to a dilemma between co-operating with the other side (be it Israeli or Palestinian) in the hope that they will co-operate with you, or betraying the other side because you’re almost certain that they will betray you. It all comes down to trust. 

Dan brings a cool, surgical approach to his analysis. Those traits come honestly: He’s a trained neurosurgeon and a PhD in medicine, with an MBA to boot. A social entrepreneur, he’s donated millions to First Nations, universities, St. John of Jerusalem Eye Hospital, and various charities.

He’s uncompromising, both in his analysis of how we got here, and his conclusions in how to move forward. He lays out a strong case in support of his three opening statements, charting how the notion of two states failed 80 years ago with the Peel Commission and has “been on life support ever since.”

He unflinchingly makes his case that Zionism is a colonial project whose usefulness has run its course, while the occupation is a colonization by a military power. He supports these arguments by painting a detailed historical account of what has happened from the inception of the Zionist vision to today.

Dan denotes three Zionist dilemmas: Demographics (which do not favour Jews), Palestinian national legitimacy (recognized by former Prime Minister Yitzhak Rabin as part of the Oslo Accords), and the partitioning of Historic Palestine (that has continuously failed). Using game theory, he shows how each of these dilemmas feed into the other and renders the status quo an impossible zero-sum exercise.

The author’s scientific approach may defuse some of the natural emotions the reader will certainly bring to the subject. This dispassion also creates a feeling of neutrality that some might view as insensitivity to the plight of Palestinians. We would argue that Dan’s pragmatic approach is especially valuable in these times, in which rhetoric from both sides rarely allows room for objective reasoning.

Applying game theory to the Israeli-Palestinian conflict is a bold new approach and this is a very worthwhile read. Dan’s precision in his examination of history and deployment of science in order to rethink this age-old conflict is refreshing. The integrity of his analysis is hard to come by, as is the courage of his convictions.


Raja Khoury
Raja Khoury

Raja Khouri is founder and CEO of  Khouri Conversations, was founding president of the Canadian Arab Institute, a former Ontario Human Rights Commissioner, is Canada Committee member of Human Rights Watch, and co-founder of the Canadian Arab/Jewish Leadership Dialogue Group.


Jeff Wilkinson
Jeffrey J. Wilkinson, PhD

Jeffrey J. Wilkinson, PhD, is an educator, facilitator and researcher focused on the psycho-social causes of intractable conflicts, researching not only how these conflicts are formed, but also how they may be undone over time.



Raja and Jeffrey are the co-authors of an upcoming book addressing the current polarization in the Jewish-Palestinian discourse within the two Diasporas.

Minister Orders ‘Offensive’ Video Removed From Classroom

July 29, 2020 – Ontario’s education minister has ordered the removal from the curriculum of an anti-Israel video that was used in the classroom.

The video was part of the curriculum in a Grade 10 online civics course, and accused “Zionists” of human rights violations, including depriving Palestinians of water.

Ontario Education Minister Stephen Lecce

In a tweet on July 28, Education Minister Stephen Lecce stated: “Very concerned that this offensive material was on a learning website. Working with @gilamartow, I immediately ordered it to be taken down (it was that day) & investigated to ensure it never happens again. We will not tolerate anti-Semitism in any form.”

In a statement on July 28, York Region District School Board (YRDSB) said it removed what it called the “biased” video from use in the classroom.

Friends of Simon Wiesenthal Centre reported on July 27 that according to the video, “the current occupation of the Palestinian land by the Zionists have [sic] violated the human rights of the Palestinians. They have deprived the Palestinians of natural resources, such as water, and taking [sic] the majority of it for themselves. The Zionists that are granted these privileges are backed by the military…This conflict continues to rage on because the Israelis continue to live as occupiers while the Palestinians live under occupation.”

After confirming with a YRDSB trustee that the video was part of the official curriculum, FSWC wrote to Lecce for confirmation that the video has been removed from the curriculum for all courses in the province.

When a parent complained to the YRDSB about the video, it was removed from the course’s online portal, FSWC said.

“It has come to our attention that during an e-learning Civics and Careers Continuing Education course, a video that showed a biased point of view on the Israel/ Palestinian conflict was shared with online participants,” said Louise Sirisko, YRDSB Director of Education, in a statement.

She said the video was created and distributed by e-Learning Ontario and is included in the resources for the revised e-Learning Civics and Careers curriculum. This particular video was part of a selection of four videos that are available to all school boards in Ontario, Sirisko noted.

“While this is not a YRDSB video, or a YRDSB course, we would like to be clear that we do not support the sharing of biased content or misinformation to students. We brought this to the attention of the Ministry of Education’s E-Learning Ontario, and the video has been reviewed and removed from the resources available to school boards.

“YRDSB continues to work to create learning spaces, including virtually, that are safe, welcoming and inclusive.

“We are disappointed that some of our students were hurt by this video and please know that the views expressed are not indicative of the beliefs of the YRDSB school community. If parents have concerns about their child and feel that they need additional support, please do not hesitate to contact your child’s school,” Sirisko added.

In the letter to Lecce, FSWC’s Director of the Campaign Against Antisemitism, Jaime Kirzner-Roberts, wrote, “We are absolutely appalled by this biased anti-Israel video, which vilifies the Jewish people of Israel and contains dangerous misinformation.”

While FSWC said it “appreciates” the response from Lecce and the YRDSB, it awaits a reply to how such a video ended up in the resources for the Civics and Careers curriculum and was approved by the Ministry of Education, “as well as what steps will be taken to prevent the distribution of such dangerous misinformation to Ontario school boards in the future.”

– CJR Staff

EDITORIAL: Annexation Will Destroy Hopes for Peace

Over the course of the last 50 plus years, the dire need for a two-state solution between Palestinians and Israelis has always occupied the minds of world leaders. When there were breakthroughs, be it former prime minister Ariel Sharon’s recognition of the Palestinian people, the Oslo agreement or former prime minister Ehud Barak’s attempt at a negotiated deal between Israel and the Palestinian Authority, nothing seemed to work.

For those who longed for a settlement, it seemed a stalemate, as inadequate as that was, still left open the possibility of peace.

But, as of this week, Israel’s plans to annex a portion of the occupied territories, though temporarily on hold for reasons unknown, still seem to be careening toward some form of completion. Annexation in any form will destroy the hopes for a Middle East peace. Indeed, if Prime Minister Benjamin Netanyahu’s plans for a fuller annexation come to fruition, the chances of Israel’s very survival as a Jewish state may well come into question.

The plans set forth cannot help but render impossible any contemplation of a contiguous Palestinian state. Many Jews in the Diaspora have railed against Netanyahu’s plans. Even the stalwart American Jewish Committee, which has always found ways to defend some of Israel’s harshest policies, warned in a recent article that in annexation, “The price will be borne in the erosion of Israel’s longstanding claims against Palestinian unilateralism, in breach of Oslo Accords promises, and in increasing cynicism in multiple constituencies – including within our own community – about Israel’s commitment to peace.”

Even the American Israel Public Affairs Committee, the largest and most successful pro-Israel lobbying group on Capitol Hill, has, according to the Times of Israel,  let it be known that while it will not publicly criticize Israel, it will also not cry foul if others do so, as long as the criticism stops at the issue of annexation.

Here in Canada, the Centre for Israel and Jewish Affairs has been quiet about annexation, but given its usual full-throated support of anything Netanyahu offers, its silence speaks volumes.

Progressive Zionist organizations have rejected any idea of annexation. A recent letter written by New Israel Fund, Jspace Canada and Canadian Friends of Peace Now and signed by many well-known Canadian Jewish writers, thinkers and advocates (including Bernie Farber publisher of the CJR), was adamant in its opposition to annexation. In part, the letter read, “An annexation agenda assails not only Palestinian rights and national aspirations but also Israel’s founding values as outlined in its Declaration of Independence. Illegal under international law, unilateral annexation could provoke a new cycle of violence, lead to the collapse of the Palestinian Authority, jeopardize peace treaties with Jordan and Egypt, undermine Israel’s security and further destabilize the region.”

We continue to dream of a negotiated two-state solution. We fear that without it, Israel as a safe haven for Jews, as a democratic state that embraces the concepts of freedom and human rights will disappear. Jews of good conscience can no longer be silent.