Ontario Does Not Need the IHRA Definition to Fight Antisemitism

November 19, 2020

By DOGAN D. AKMAN

On Oct. 26, the Ontario government short-circuited the legislative process around Bill 168, the Combating Antisemitism Act, and passed an Order-in-Council (“OIC”) through which the province adopted the International Holocaust Remembrance Association (IHRA) definition of antisemitism, including the list of illustrative examples – the “complete definition.” The OIC was rushed through by Premier Doug Ford in response to the recent vandalism at the Tomb of the Unknown Soldier in Ottawa, where someone had carved an antisemitic symbol.

Once enacted, the Bill and the OIC require the government to be guided by the complete definition when it interprets its legislation, regulations and policies designed to protect Ontarians from discrimination and hate amounting to antisemitism.

As to be expected upon the OIC’s publication, the next day, three leading national Jewish organizations and a progressive one, JSpaceCanada, immediately praised, applauded and celebrated the decision.

And again, as to be expected, a variety of pro-Palestinian organizations, joined by the Ontario Confederation of University Faculty Associations (OCUFA), protested the government’s move on the three perennial grounds, namely, the definition is faulty because it –

may be used successfully to label as antisemitic the critics of Israel’s policies towards Palestinians and the  Palestinian Authority; those governing the treatment of her Israeli Arabs citizens; or the governance of parts of Judea and Samaria pursuant to and in accord with the Oslo accords, and

may infringe upon freedom of speech, and academic freedom.

I submit that the best way to begin the assessment of the OIC and predict the nature and scope of the alleged threats to freedoms is to examine Ontario’s record of fighting antisemitism during the years 2014 to 2020, a period when the province adopted an “anti-racism strategic plan” and enacted the Anti-Racism Act in 2017 along with the accompanying Three-Year Anti-Racism Strategic Plan. Ontario’s legislature also passed a motion denouncing the international boycott, divestment and sanctions (BDS) campaign Israel that led nowhere.

Based on Ontario’s track record during these six years, the applause, praise and celebration over the IHRA decision are quite premature. In this period, Ontario became the antisemitism capital of the country. And the alleged twin threats to freedom of speech and academic freedom are unlikely to materialize.

Nevertheless, on Nov. 5, JSpaceCanada published an article in these pages titled “Why We Support the IHRA definition of Antisemitism…Cautiously,” in which it promises “to call for the cautious application of the IHRA definition in keeping with the drafters’ intent, to ensure it does not suppress freedom of speech or academic freedom…We are committed to monitoring and speaking out against any attempt to misuse the IHRA definition to attack Palestinian activism or to promote Islamophobia. And we will defend those whom we feel have been wrongfully accused of antisemitism.”

This, in turn, raises the question of when JSpaceCanada will fight antisemitism instead of allocating its resources to fight and defend Palestinian activism and Islamophobia (the latter has yet to be defined in a sensible manner.)

The plain truth is that Ontario did not and does not need the IHRA definition, whatever its merits, in order to fight antisemitism or to enact a proper BDS motion. It already had and still has the tools long before it adopted the IHRA wording.

But if that was the case, one may wonder why, for example, the province never took universities to task for:

• permitting the establishment of antisemitic campus clubs and demanding that they get rid of them;

• failing to prevent and deter the antisemitic verbal and physical harassment and violence perpetrated against Jewish students, and 

• allowing some of their faculty to engage in written and/or verbal antisemitic behaviour under the cover of academic freedom, and failing that, pleading freedom of speech.

The province also failed to set timelines within which the universities must resolve antisemitic problems on campus, such as the foregoing, and to warn them that failure to do so will result in cutbacks in provincial funding.

Academic freedom is not absolute. This freedom can be legitimately invoked only by those who abide by and discharge the corresponding moral and intellectual obligations. And in this connection, when did, for example, the JSC target those who write, teach and preach in dereliction of their obligations? When did it speak up against studies which deliberately use corrupt methodologies and resort to intellectually obscene analysis of data generated by such methodologies?

Those on the Jewish Left – “progressives” such as JSpaceCanada – risk aiding and abetting antisemitism by remaining silent instead of fighting the foregoing antisemitic activities and a multitude of others of the same ilk.

And given political and electoral realities, it remains to be seen whether this time around, Ontario will do what it would not for years.


Dogan Akman
Dogan Akman

Doğan D. Akman is an independent researcher and commentator. He holds a B.Sc. in sociology, an M.A. in sociology/criminology, and an LL.B in law. He held academic appointments in sociology, criminology and social policy; served as a judge of the Provincial Court of Newfoundland and Labrador, and was a Crown Counsel in criminal prosecutions and in civil litigation at the federal Department of Justice. His academic work is published in peer-reviewed professional journals, while his opinion pieces and other writings have appeared in various publications and blogs.

Editorial: Kosher or Treif? Help Us Decide

Nov. 4, 2020

We had in mind to call this new addition to the CJR “Bouquets and Brickbats,” but somehow, “Kosher or Treif?” seemed more appropriate.

From time to time, the editors here would like to recognize individuals and groups for their work, whether it’s advancing Jewish ideals, pushing forward a positive agenda, or simply getting at the truth in an era in which objective truth is proving elusive.

On the other hand, we also need to know about those who, to put it politely, do not have our best interests in mind.

Recognition will be complimentary (K= Kosher) or critical (T=Treif). Please feel free to let us know if you agree by sending us your thoughts at canadianjewishrecord@gmail.ca

KOSHER: Andy Lulka is a Montessori advocate and educator. Her quiet but vital work on Holocaust education and confronting antisemitism from a point of intersectionality and anti-oppression is well known in the field. Despite health challenges, Andy has demonstrated that positivity and wisdom leads to strength of purpose.

KOSHER: York Regional Police, which has charged a white nationalist for “uttering threats” against two anti-racist activists in an online chat room. All to prove that hateful actions online can lead to serious consequences.

TREIF: Bobby Orr. The Canadian hockey legend’s fawning statement of support for Donald Trump only tells us that while he played stellar defence for the Boston Bruins, it turns out his embrace of a racist, sexist, misogynist candidate for president was nothing but offensive.

KOSHER: Mustafa Farook is the Executive Director of the National Council of Canadian Muslims (NCCM). His outreach to other faith communities has helped build many bridges. Most recently, following a swastika defacement of the Tomb of the Unknown Soldier in Ottawa, Mustafa publicly tweeted, “…To the lowlife that did this, if you want to intimidate the Jewish community, or dishonour the fallen you have to come through us.”

TREIF: Maxime Bernier, leader of the so called People’s Party of Canada, tried to run for a seat in Toronto’s York Centre riding in the recent by-election. His anti-immigrant, climate change skeptic, anti-transgender policies were eagerly echoed by white supremacists and others of the same ilk. York Centre voters, speaking for most Canadians, soundly sent him packing with just 642 votes. But, alarmingly, at 3.6 percent of the total vote, Bernier did better than the Greens in York Centre.

KOSHER: Annamie Paul has become the first Jewish female person of colour to head a federal party, the Greens, in Canada. She faced down sexism, racism and antisemitism to do so. Mazal tov Annamie. A welcome addition to the political scene.

KOSHER: General John Vance and the Canadian Armed Forces. Despite a slow start, the military has taken decisive action to root out neo-Nazis and white supremacists from their ranks. Gen. Vance, the Canadian Chief of the Defence Staff, has issued new standing orders that will assist others in command to take decisive action against racists and haters in the military.

TREIF: Kimberly Hawkins, owner of the Toronto-based restaurant/caterer Foodbenders. Following a flurry of online rants last summer equating Zionists with Nazis, glorifying terrorism, and saying Jews control the media, Hawkins was hit with a lawsuit, two human rights complaints and now, a possible review of her business license by the City of Toronto. Even after she issued a wan apology, Hawkins kept posting her bilge. Her food is treif and she gives us heartburn.

KOSHER: The Hon. Marco Mendicino, Minister of Immigration, Refugees and Citizenship, has initiated a bold new plan that would see thousands more immigrants and refugees welcomed to Canada as part of our pandemic economic recovery.

KOSHER: The Centre for Israel and Jewish Affairs (CIJA), B’nai Brith Canada, Friends of Simon Wiesenthal Centre, and JSpace Canada for the unprecedented move of coming together without rancour to support the IHRA definition of anti-Semitism that was approved last week by the Ontario government. This marks the first time in their collective histories that these Canadian Jewish groups from the left to the right of the Jewish political spectrum have issued a joint statement in support of an advocacy issue.

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.

Antisemitic Graffiti at Tomb of Unknown Soldier Condemned

Prime Minister Justin Trudeau and Defence Minister Harjit Sajjan have condemned the recent antisemitic desecration of the Tomb of the Unknown Soldier in Ottawa.

Tomb of the Unknown Soldier

Ottawa police are searching for a man they say carved hateful graffiti at the National War Memorial. Police say the man used a sharp object to etch graffiti onto the Tomb of the Unknown Soldier at the memorial at Wellington and Elgin streets.

It happened around 9:45 p.m. on Wednesday, Oct. 14, police said.

“The antisemitic desecration of the Tomb of the Unknown Soldier is completely unacceptable, and I strongly condemn this hateful act, Trudeau stated in a tweet. “I urge anyone with information regarding the perpetrator’s identity to contact Ottawa Police.”

The vandalism was “despicable,” tweeted Sajjan. “The Tomb of the Unknown Soldier represents the gallantry and the sacrifices of those who fought for our freedom. On Remembrance Day, we’ll come together to recognize our veterans.”

Police described the man as white and wearing a light-coloured sweater, dark pants, a dark toque and carrying a black back pack. He was riding a mountain-style bike, police said.

The graffiti were removed within 24 hours, said Ottawa police spokesperson Const. Amy Gagnon. “We don’t know yet what motivated this person,” she added.

Veterans Affairs Minister Lawrence MacAulay called it a “disgusting act.”

“This was not the vandalization of public property – it was the desecration of a site that stands as a permanent reminder of the memories and sacrifices of every single person who has fought and died in services of Canada,” he said in a statement.

Ottawa Mayor Jim Watson called it an “insult and disgrace to our war dead and veterans. If anyone recognizes this lowlife, please contact police,” Watson said in a tweet.”

In a statement, Royal Canadian Legion dominion president Thomas Irvine said it’s “unthinkable that anyone would deface this sacred place…we strongly condemn this criminal act.”

Anyone with information is asked to contact a Hate Crime Investigations Unit detective at 613-236-1222 extension 5453 or to leave an anonymous tip through Crime Stoppers.