Ontario Passed the Entire IHRA Definition, Government Says

Nov. 3, 2020

By STEVE ARNOLD

Ontario’s government has flatly rejected claims that it dropped words linking criticism of Israel to antisemitism from a new order defining Jew-hatred in the province.

The Ontario Legislature

In a sudden move last week, the Progressive Conservative government cancelled public hearings on Bill 168, which adopts the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism for Ontario. Instead, it passed an Order in Council approving the bill as law.

Opponents of the IHRA definition at first accused the government of trying to short-circuit debate by circumventing public hearings. In the days following the order, however, they suddenly claimed Ontario’s Order in Council dropped the most contentious clauses from the IHRA wording.

In an email to the CJR, a spokesman for Government House Leader Paul Calandra said the Ontario standard endorses the entire IHRA definition, including the “illustrative examples” that opponents found objectionable.

Owen Macri said the government moved “swiftly and immediately” to cancel public hearings and impose the IHRA definition by Order in Council after “a heinous act of antisemitism” at a Canadian war memorial in Ottawa last month.

“This government does not need a committee study to know that antisemitism is deplorable and fundamentally wrong,” he wrote. “We stand with Ontario’s Jewish community in defence of their rights and fundamental freedom.”

He also rejected arguments that cancelling hearings on the bill was undemocratic.

“We disagree fundamentally with the idea that it could ever be anti-democratic to condemn antisemitism,” he wrote. “The Government of Canada and other national governments have adopted the Working Definition of Antisemitism and have similarly done so as a decision of government.”

Approved in May 2016, the IHRA document defines antisemitism as “a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

The definition includes 11 “illustrative examples” of antisemitism meant to guide governments in using the document. According to those standards, antisemitism could include Holocaust denial, accusing Jews of being more loyal to Israel than their own nations, claiming the State of Israel is a racist endeavor, comparing Israeli policies to those of the Nazis, and holding Jews collectively responsible for Israel’s actions.

As the bill enacting the new definition wound through the legislative process – it passed second reading last February and headed to committee – opponents, including groups like Independent Jewish Voices, Canadians for Justice and Peace in the Middle East (CJPME) and others, argued that the examples made the definition nothing but an attempt to silence their criticism of Israel.

In one critique, for example, IJV activist Sheryl Nestel argued, “First, we don’t believe the goal of the IHRA [working definition of antisemitism] is to address antisemitism. We believe its goal…is to stifle legitimate criticism of Israel and Zionism.”

The Ontario Confederation of University Faculty Associations, the B.C. Civil Liberties Association, among others, have also opposed the definition and its examples as an infringement of academic freedom.

In the days following the Order in Council, however, opponents claimed to have been told by Conservative MPP Kaleed Rasheed (Mississauga East-Cooksville) that only the main text of the IHRA definition, not the examples, had been adopted.

Rasheed was quoted as telling a Zoom meeting with CJPME and other community groups: “Rest assured, the definition as adopted by the Order in Council does not include the IHRA definition’s illustrative examples.”

CJPME president Thomas Woodley declared in a news release: “This reveals that the Ontario government made a decision that its adoption of IHRA should not be used to silence political expression about Israel.”

Going forward, Woodley continued, “anyone who refers to the IHRA definition must recognize and respect the fact that the examples related to Israel have not been adopted by Ontario, and they are not applicable to evaluating speech in Ontario.”

The CJPME statement was later removed from its website after Rasheed denied making the claim. He told CJR in an email “This is not accurate and does not reflect my views or comments…”

York Centre Conservative MPP Roman Baber also noted the content of what Ontario had approved.

“The Order in Council explicitly provides that the ‘Government of Ontario adopts and recognizes the Working Definition of Anti-Semitism, as adopted by the International Holocaust Remembrance Alliance (IHRA) Plenary on May 26, 2016.’ The Illustrative Examples helped form the Plenary’s definition, are referenced in the Plenary’s definition, and are therefore part and parcel of the definition,” Baber told the CJR via email.

The claim that the Order in Council was selectively worded was also taken up by four Arab-Palestinian groups, which sent a letter to Premier Doug Ford thanking him for not including the definition’s illustrative examples, which they alleged “allow for criticism of the State of Israel to be labelled as antisemitism.”

Palestinian-Canadian groups “should be honest with their constituents about what has occurred,” responded B’nai Brith Canada wrote CEO Michael Mostyn in a statement on Oct. 30. “The Government of Ontario has adopted the leading definition of antisemitism, and has recognized that certain attacks on Israel can and sometimes do cross the line in Jew-hatred.

“The sooner they and all Ontarians internalize this fact, the better.”

Ontario Endorses IHRA Definition of Antisemitism: Jewish Groups Approve; Others are Upset

Oct. 27, 2020

Ontario has become the first province in Canada to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism – motivated by the recent anti-Jewish vandalism at the Tomb of the Unknown Soldier in Ottawa.

In a statement, Government House Leader Paul Calandra said Premier Doug Ford’s cabinet “took swift and decisive action” on Monday (Oct. 26) to “adopt and recognize” the definition, even before the legislation could be passed.

“After a heinous act of antisemitism at the Tomb of the Unknown Soldier in Ottawa [on Oct. 14], it is crucial that all governments be clear and united in fighting anti-Semitism and our adoption of the working definition has done just that,” Calandra said in a statement on Oct. 27.

“The government of Ontario is proud to adopt and recognize the working definition of anti-Semitism. We stand with Ontario’s Jewish community in defence of their rights and fundamental freedoms as we always have and always will,” he said.

The “Combating Anti-Semitism Act,” known as Bill 168, passed second reading earlier this year. It sets out to use the IHRA definition as a framework for interpreting acts, regulations and policies going forward.

It was scheduled to go to committee hearings in late October for public input. But the government’s pre-emptive adoption of the definition means the committee suspended public hearings.

“The government decided to act swiftly in view of the events of Ottawa over the weekend,” York Centre Tory MPP Roman Baber told the CJR via-email, referring to antisemitic graffiti found etched into the Tomb of the Unknown Soldier in the capital.

“It also seemed appropriate given the second anniversary of the Pittsburgh shooting [at the Tree of Life Synagogue],” Baber stated.

The legislation will not go to third reading he noted, “as we have accomplished what Bill 168 set out to do.”

The move to adopt the definition and bypass public hearings was carried out by an Order in Council, which read as follows:

“On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Government of Ontario believes that everyone deserves to be treated with fairness, respect and dignity;

And Whereas systemic racism, including antisemitism, is a persistent reality in Ontario preventing many from fully participating in society and denying them equal rights, freedoms, respect and dignity;

And Whereas on May 26, 2016, the International Holocaust Remembrance Alliance (IHRA) decided at its Plenary in Bucharest to adopt a working definition of antisemitism;

Now therefore the Government of Ontario adopts and recognizes the Working Definition of Antisemitism, as adopted by the International Holocaust Remembrance Alliance (IHRA) Plenary on May 26, 2016.

Premier and President of the Council

Approved and Ordered: October 26, 2020.”

Jewish groups issued statements approving the development. They did so jointly – for the first time in recent memory.

Ontario joins “a growing number of jurisdictions, at all levels of government and around the world, in taking action against the growing threat posed to our society by antisemitism,” said Shimon Koffler Fogel, president and CEO of the Centre for Israel and Jewish Affairs (CIJA).

The IHRA definition “provides a framework that can help guide Ontario government institutions interested in understanding contemporary forms of antisemitism, such as Holocaust denial,” Fogel said.

The adoption of the definition and its many illustrative examples of antisemitism “is a major step forward. From high schools and university campuses to police hate-crime units, this announcement promises much-needed relief for Jews across the province,” stated B’nai Brith Canada CEO Michael Mostyn.

“Ontario will now be equipped to identify and react to incidents of antisemitism in a clear and precise way, and be better positioned to prevent antisemitism and react to it whenever it rears its head anywhere in the province. We applaud the Ontario government for becoming the first province in Canada to adopt the IHRA definition,” said Mostyn.

Michael Levitt, president and CEO of Friends of Simon Wiesenthal Center for Holocaust Studies (FSWC), applauded the move.

He called the IHRA definition of antisemitism “a vital tool in the ongoing fight against hatred and discrimination targeting the Jewish community in Ontario…By making clear what antisemitism is and looks like, the IHRA definition will allow civil society and government to work together more effectively in our shared goal of eliminating hatred in our province.”

Karen Mock, president of JSpace Canada, remarked that “there is clear consensus about the need to combat the alarming rise of antisemitism. We cannot protect our society from the scourge of antisemitism if we are unable to name it, to identify it properly, and to address it consistently. By adopting the IHRA definition of antisemitism, the government of Ontario has demonstrated a commitment to implementing human rights and anti-racist policies.”

In a tweet, Ontario Liberal leader Steven Del Duca welcomed the development, saying he “fully support[s] the decision by #ON  to adopt the IHRA’s definition of antisemitism. There’s no place for hatred in Ontario, and this is an important step in the right direction.”

The New Democrats appeared to have been caught off guard by the government’s unexpected move.

In a statement on Oct. 27, the NDP said the government “secretly” adopted the legislation “behind closed doors and passed it by Ford edict instead of by democratic vote.”

Nearly 100 Ontarians asked for a chance to appear before the committee and “thousands” of messages were sent, the statement said.

“Antisemitism and antisemitic acts of hate are growing in Ontario, and we need to take concrete actions as a province to stomp out this growing, racist movement,” said NDP critic for the Attorney General Gurratan Singh. “Adopting a new definition of antisemitism should be done in consultation with the people of Ontario, and discussed in open and transparent debate.
 
“Excluding the voices of community members is no way to build a united coalition against hate.”
 
The NDP had voted for the bill on second reading “while explicitly and specifically saying it was doing so in order to ensure Ontarians would be welcomed into committee hearings, and amendments could be proposed,” the statement said.

Questioned by reporters later, NDP leader Andrea Horwath said she had “no idea” how the bill was handled.

“All of a sudden, out of nowhere, the government moved ahead on it. When we’re changing the laws in Ontario, we should really have public hearings.”

She said this and other examples of the Ford government cancelling public hearings are “pretty dictatorial. We were waiting to see the outcome of the public hearings and we didn’t get that opportunity, which is the whole point of having a democracy. You’re supposed to actually listen to people and not just ram things through.”

Groups that have opposed the IHRA definition because they believe it would silence criticism of Israel and squelch support for Palestinians were angered by the Ford government’s move, charging that was undemocratic.

NDP MPP Rima Berns-McGown, in a Facebook post, said she found it “appalling” that the government “did an end-run around democracy and snuck the IHRA definition through by order-in-council, the day before it was to go to justice committee hearings and the day before 100s of civil society organizations had asked to speak to it.

“It is obvious that they were afraid of the storm of public disgust that was on their way in committee — including by many respected Jewish public figures.”

Montreal-based Canadians for Justice and Peace in the Middle East (CJPME), which supports the BDS campaign against Israel, condemned the Conservative government “for pulling the plug on democracy in an attempt to protect Israel from criticism.”

“We were less than 24 hours away before members of the public were set to testify before the committee about the dangers of IHRA in regards to free expression,” said Michael Bueckert, vice president of CJPME. “Apparently, the Ontario government didn’t like to see that they were receiving thousands of emails opposing IHRA, and they shamefully decided to pull the plug before Ontarians had a chance to share their opinions,” said Bueckert.

Another pro-BDS group, Independent Jewish Voices of Canada, said the government’s “anti-democratic order is fitting for the IHRA definition, which poses such a grave threat to democratic principles of free expression and the right to protest.

“One thing is for certain: that we will not be deterred from our efforts to denounce the state of Israel for its systemic racism against the Palestinians. If that means we will be engaging in civil disobedience, then so be it,” said a statement from Corey Balsam of IJV.

Mira Sucharov, professor of political science at Carleton University and founding co-chair of the Jewish Politics division at the Association for Jewish Studies, acknowledged that the Ontario government needs to combat antisemitism. “But by conflating criticism of Zionism with antisemitism, this particular definition is the wrong way to go about it,” she told the CJR.

The IHRA working definition of antisemitism is opposed by other organizations, including the B.C. Civil Liberties Association, the Ontario Coalition Against Poverty, the Canadian Labour Congress, the Canadian Federation of Students, the Canadian Union of Postal Workers, the International Civil Liberties Monitoring Group, and more. More than 450 Canadian academics signed an open letter opposing the IHRA definition’s adoption by universities, citing threats to academic freedom.

The working definition has been adopted by 35 countries, including Canada, the United States, and the United Kingdom. Several cities have also endorsed it, while others have shelved it.

Bill 168 was a private member’s bill introduced by Conservative MPP Will Bouma in late 2019 and co-sponsored by fellow Tory MPP Robin Martin.

* The above expands a previous version of this story with quotes from the NDP, and clarifies that the Ford government’s move to adopt the IHRA definition unilaterally was done with all-party support.

Breaking News: Ontario Endorses IHRA Definition of Antisemitism

Oct. 27, 2020

Ontario has become the first province in Canada to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism – motivated, it seems, by the recent anti-Jewish vandalism at the Tomb of the Unknown Soldier in Ottawa.

In a statement, Government House Leader Paul Calandra said Premier Doug Ford’s cabinet “took swift and decisive action” on Monday (Oct. 26) to “adopt and recognize” the definition, even before the passage of legislation currently before the house.

The “Combating Anti-Semitism Act,” known as Bill 168, passed second reading earlier this year and was scheduled to go to committee hearings this week for public input. It contained the IHRA definition as a guide for interpreting acts, regulations and policies going forward.

The government’s pre-emptive adoption of the definition, done with all-party approval, according to a CJR source, means that the committee has suspended hearings on Bill 168. Several communal organizations were scheduled to speak both in favour of and against the bill.

“After a heinous act of anti-Semitism at the Tomb of the Unknown Soldier in Ottawa [on Oct. 14], it is crucial that all governments be clear and united in fighting anti-Semitism and our adoption of the working definition has done just that,” Calandra said in a statement on Tuesday.

“The government of Ontario is proud to adopt and recognize the working definition of anti-Semitism. We stand with Ontario’s Jewish community in defence of their rights and fundamental freedoms as we always have and always will,” he said.

The move to adopt the definition and bypass public hearings was done by an Order in Council, which read as follows:

“On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Government of Ontario believes that everyone deserves to be treated with fairness, respect and dignity;

And Whereas systemic racism, including antisemitism, is a persistent reality in Ontario preventing many from fully participating in society and denying them equal rights, freedoms, respect and dignity;

And Whereas on May 26, 2016, the International Holocaust Remembrance Alliance (IHRA) decided at its Plenary in Bucharest to adopt a working definition of antisemitism;

Now therefore the Government of Ontario adopts and recognizes the Working Definition of Antisemitism, as adopted by the International Holocaust Remembrance Alliance (IHRA) Plenary on May 26, 2016.

Premier and President of the Council

Approved and Ordered: October 26, 2020.”

Jewish groups issued statements approving the development. They did so jointly – for the first time in recent memory.

Ontario joins “a growing number of jurisdictions, at all levels of government and around the world, in taking action against the growing threat posed to our society by antisemitism,” said Shimon Koffler Fogel, president and CEO of the Centre for Israel and Jewish Affairs (CIJA).

The IHRA definition “provides a framework that can help guide Ontario government institutions interested in understanding contemporary forms of antisemitism, such as Holocaust denial,” Fogel said.

The adoption of the definition and its many illustrative examples of antisemitism “is a major step forward. From high schools and university campuses to police hate-crime units, this announcement promises much-needed relief for Jews across the province,” stated B’nai Brith Canada CEO Michael Mostyn.

“Ontario will now be equipped to identify and react to incidents of antisemitism in a clear and precise way, and be better positioned to prevent antisemitism and react to it whenever it rears its head anywhere in the province. We applaud the Ontario government for becoming the first province in Canada to adopt the IHRA definition,” said Mostyn.

Michael Levitt, president and CEO of Friends of Simon Wiesenthal Center for Holocaust Studies (FSWC), applauded the move.

He called the IHRA definition of antisemitism “a vital tool in the ongoing fight against hatred and discrimination targeting the Jewish community in Ontario…By making clear what antisemitism is and looks like, the IHRA definition will allow civil society and government to work together more effectively in our shared goal of eliminating hatred in our province.”

Karen Mock, president of JSpace Canada, remarked that “there is clear consensus about the need to combat the alarming rise of antisemitism. We cannot protect our society from the scourge of antisemitism if we are unable to name it, to identify it properly, and to address it consistently. By adopting the IHRA definition of antisemitism, the government of Ontario has demonstrated a commitment to implementing human rights and anti-racist policies.”

According to CIJA, the IHRA definition has been adopted by “dozens of countries and other institutions, including Canada, the United States, the United Kingdom, and the European Union.”

Bill 168 was a private member’s bill introduced by Conservative MPP Will Bouma in late 2019 and co-sponsored by fellow Tory MPP Robin Martin.