The dangerous Bill 168 must be stopped | An Op-Ed
Written by: Karen Rodman
Earlier in July there was indication from the pro-Israel lobby that they hoped to move Bill 168 to Third Reading by the Ontario government.
The Jerusalem Post reported on July 14, 2020, that the Center for Israeli and Jewish Affairs had released a statement regarding Foodbenders saying ”it is time for Ontario lawmakers to finalize the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism."
Bill 168 passed Second Reading on February 27, 2020 and was sent to the Standing Committee of Justice Policy.
The Bill requires the Government of Ontario to be guided by the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism.
When the IHRA introduced the definition, they stressed that it was only a “working definition,” and “non-legally binding.”
However, Bill 168 proposes to ignore the IHRA’s caution and insert this working definition directly into the Legislation Act, which would give it formal legal effect.
Bill 168 (as do most private member bills) could simply never proceed beyond committee. However, it could also move into Review by the Standing Committee for Justice Policy. Though unusual, it could move to Third Reading without any Review.
The Palestinian Canadian Community Centre—Palestine House and Just Peace Advocates launched an action call to write to all members of the Ontario legislative assembly to let them know the IHRA definition of antisemitism is dangerous and that Bill 168, which calls for its adoption, should not move forward.
Khaled Mouammar, a Palestinian Christian, who served as a Member of the Canadian Immigration and Refugee Board for over a decade, was forced to flee Palestine in November 1947 and is not allowed to return and settle in his home town of Nazareth wrote:
“Israel’s Basic Law allows any Jews anywhere in the world to settle in the country with full citizenship and national rights. Michael Mostyn, Chief Executive Officer of B’nai Brith, and Shimon Fogel, Chief Executive Officer of the Centre for Israel and Jewish Affair, can settle in Israel and become full citizens. On the other hand, I and many of my relatives cannot return and settle in our homeland because we are Christians.”
Hanna Kawas, the Chair of Canada Palestine Association Vancouver, and a Palestinian made refugee in 1967 from his home town of Bethlehem wrote:
“This bill, if passed, will tell me that I am not allowed to criticize the very ideology, Zionism, that resulted in the dispossession of my family and my nation; that is both unfair and equally racist in itself.”
The Ontario Civil Liberties Association states clearly that it “opposes the international campaign to adopt the International Holocaust Remembrance Association (IHRA) definition of antisemitism, which is targeting all levels of government in Canada, as well as universities, police, and other authorities.” It concurs with the British Columbia Civil Liberties Association that says, “We fear that if adopted, the IHRA definition will serve to severely chill political expressions of criticism of Israel as well as support for Palestinian rights.”
Just Peace Advocates has indicated the difficulties with Bill 168 are twofold.
First, it is technically unsound as a piece of legislation. It purports to create a legal definition of antisemitism, but the definition it adopts was explicitly not intended to serve as a legal definition. Rather, it was purposely drafted to be broad and open-ended, which makes it ideal for its original purpose but woefully inadequate as a formal legal standard.
Second, and more importantly, its vagueness leaves it susceptible to being abused and manipulated by opponents of free expression. People, not states, have rights. Bill 168 would protect the rights of a foreign state while negating rights of Ontarians.
Join the 560+ people who so far have written letters to members of the Ontario legislature.
If the government insists on moving forward the Bill, then a comprehensive, open review by the Standing Committee of Justice Policy is essential.
Learn more from Independent Jewish Voices Canada at #NoIHRA and Stop Bill 168, as well as sign a petition.
Karen Rodman is the executive director of Just Peace Advocates and a retired senior manager from the Ontario government.
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