Gaza and Charities at War: The Legal Assault on Israeli Settler-Supporting Nonprofits
It has been 314 days since Hamas terrorists massacred an estimated 1200 people, including a lot of kids just dancing and enjoying a musical festival on a fall afternoon. Since that time 690 Israeli soldiers have died according to one side. The other claims 10,000 Israeli troops killed or wounded. Between 15,000 and 17,000 Hamas fighters have died, including half of the commanders. More than 40,000 Gazans have died and 91,000 have been injured. Two hundred and twenty-four humanitarian aid workers have died, including 179 UNRWA employees. Madness
Civil Society is just trying to stop the bleeding. Literally. And to hold on to tax exemption in the midst of all the hysterical madness. Exemptions that are under attack from all sides no matter which or whose side a particular charity is on. Last week the Canadian Revenue Agency (CRA) revoked tax exemption for the Jewish National Fund of Canada and the Ne’eman Foundation Canada. Both charities support humanitarian efforts in Israel. Media reports suggest CRA objects to the charities’ support of Jewish settlers in disputed regions. JNF asserts that it is being targeted for charitable activities deemed acceptable 60 years ago. JNF is quoted as saying “it is simply unjust to close a charity supported by over 100,000 Canadians based on reversing a decision the CRA made in 1967.” Israeli settlers began living in lands Israel conquered in the Six Day War nearly 60 years ago. The U.S. and Canada, among other nations, generally oppose the settlements as obstacles to long-term peace.
JNF also asserts that the CRA’s action are motivated by antisemitic and anti-Israeli groups. But an anti-war organization called Independent Jewish Voices Canada is one of JNF’s loudest opponents so I am not sure JNF can legitimately make those assertions. Here is part of JNF’s Q&A:
Is JNF Canada suggesting the CRA is antisemitic? No. Was the CRA influenced by anti-Semites? Yes.
As a Zionist-inspired organization, JNF Canada has many vociferous antisemitic detractors who we believe have influenced the decision-making process in this matter. We believe that arguably there is a reasonable apprehension of bias on the part of the CRA. This evidence of bias comes from the CRA’s own records, which show that the public pressure on the CRA and the Minister of National Revenue to revoke JNF’s status was an important consideration within the chain of authority at the Charities Directorate. A review of the record would leave a reasonable person with the impression that this pressure resulted in a biased decision.
Why are you alleging a bias on the part of the CRA?
The allegation is a result of our review of information provided as a result of our ATIP requests. The CRA’s Case Info Sheet for the Charity, under the heading “Media, Public Interest and Leads History” shows that the Charities Directorate was monitoring campaigns launched by our opponents like the Independent Jewish Voices Canada, e-petitions and the commentary of politicians and others.
What is the impact of the CRA’s ruling on the Jewish community as a whole?
Given the current environment, the CRA’s decision will be seen as a victory for anti-Israel and antisemitic movements and groups.
CRA’ actions aren’t unique to Canada, by the way. In the United States, NGOs have filed suit to block the Biden administration’s imposition of terrorist supporting organization sanctions on settler-supporting nonprofits. There probably isn’t any question that those targeted NGOs, like the two Canadian charities, are providing stereotypically charitable assistance. Nobody is accusing them of scamming people, private inurement or improper political activities. In fairness, the Biden Administration asserts that some NGOs are stoking violence in the West Bank. But I think that is a justification for action the Administration would take anyway. We just don’t like who charities are assisting and the geopolitical ends to which that assistance is utilized.
darryll k. jones