The Jewish National Fund (JNF) faces the potential loss of its charitable status in Canada due to concerns raised by the Canada Revenue Agency (CRA) regarding the organization’s support for military infrastructure in Israel, The National Post reported on Thursday. JNF is contesting this decision through legal channels.
Nathan Disenhouse, JNF Canada’s National President, issued a statement on Thursday saying, “The Jewish National Fund of Canada has launched legal proceedings in the Federal Court of Appeal to contest the CRA’s wrong and unjustified decision to revoke JNF Canada’s charitable status. The appeal states that the CRA review process was flawed and fundamentally unfair.”
Canadian law generally recognizes charitable activities conducted abroad as it does those within its borders. However, judicial rulings have established that certain domestically charitable actions may lose this status when performed internationally. A notable example is providing support to foreign armed forces. The Canadian government emphasizes that charities must exercise caution when transferring equipment, supplies, or funds overseas to ensure they do not end up in the hands of military organizations in other countries.
JNF’s own literature describes its donations as paying for “the new planned IDF Training Base City in the Negev,” “helping the development of the Bat Galim training base complex area,” “helping to facilitate the upgrade of the existing auditorium for soldier intake, training and conferences,” “building a club for the 124th (Blackhawk) Helicopter Squadron at Palmachim Air Force Base,” and “a similar facility for 131st Squadron at Nevatim Air Force Base.”
ISRAEL HATERS HATE JNF
The Canadian Green Party issued its own charges against JNF Canada, stating:
WHEREAS the JNF practices discrimination against non-Jews in Israel through its bylaws which prohibit the lease or sale of its lands to non-Jews;
WHEREAS the JNF is complicit in the continued dispossession of Palestinians from their lands by creating forests and parks on this land in the name of ‘environmentalism’;
WHEREAS the JNF’s ‘Ayalon Canada Park’ sits in occupied Palestinian territory, covering up the lands of the depopulated and demolished Palestinian villages of Yalu, Imwas, and Beit Nuba;
WHEREAS Israel’s Attorney General and the United Nations Committee on Economic, Social, and Cultural Rights have charged the JNF with practicing institutional discrimination against non-Jewish citizens of Israel;
WHEREAS “the CRA is aware that the JNF’s activities contravene Canadian public policy;”
WHEREAS many civil society groups across Canada, including Jewish groups, have called for an end to JNF’s charitable status;
BE IT RESOLVED that the Green Party of Canada calls on the Canada Revenue Agency to revoke the charitable status of the Jewish National Fund for contravening public policy against discrimination and for its failure to comply with international human rights law.
A group calling itself “Stop the JNF” noted:
What is the Jewish National Fund (JNF)?
Created to purchase land for a Jewish State in Palestine, the JNF is today the largest single landowner in Israel. Most commonly known for its century-old campaign to “make the desert bloom,” the JNF is not a public body in Israel but a private corporation whose lands were obtained through exploitative land sales and often violent, forced removals of Palestinians from their lands. While the JNF has planted millions of trees — a remarkable environmental achievement — it has also used its forests to keep Palestinians off the lands taken from them. In Israel, the JNF has been charged with corruption by the State Comptroller and faced High Court challenges due to its explicitly discriminatory practices. In Canada, the JNF’s fundraising branch, JNF Canada, raises millions of dollars for its projects in Israel/Palestine each year which are tax deductible due to JNF Canada’s charitable status.
Canada, you have serious problems! With Jew-hatred at all time high and the community under relentless assault, what do you do? Your Revenue Agency revokes tax status of JNF Canada, one of the oldest Jewish charities, over connection to Israel.https://t.co/yuzngidfCk
— Arsen Ostrovsky ?️ (@Ostrov_A) July 25, 2024
THE CANADIAN GOVERNMENT WON’T NEGOTIATE
“Unfortunately, our overtures to have a dialogue in order to negotiate an agreement were rejected – CRA officials refused to meet in person with JNF Canada officials throughout this ordeal – and the CRA confirmed its intention to revoke on June 26th,” Disenhouse stated.
He argued that “Throughout this multi-year process, JNF Canada has demonstrated its willingness to work with the CRA. When the CRA raised concerns, JNF Canada made changes to its operations in the spirit of collaboration even though it does not agree with CRA’s positions and those positions have not been tested in court. JNF Canada also sought alternatives to the revocation prior to launching its legal challenge. JNF Canada remains deeply concerned with the CRA’s decision to revoke its charitable status and its failure to provide a fair due process, thereby undermining a basic fundamental right for all Canadians.”
He noted that “JNF Canada will continue its charitable activity including collecting and receipting donations and distributing funds while the legal challenge is before the Federal Court of Appeal. It has informed donors and organizations of the legal appeal, reinforcing that JNF Canada is continuing its work as the legal appeal process proceeds.”
In January 2019, JNF was subjected to a CRA audit over a complaint that it used charitable donations to build infrastructure for the IDF, in violation of Canada’s tax rules. Canadian law doesn’t prohibit citizens from making direct donations to Israel’s Ministry of Defense. However, tax regulations forbid registered charities from issuing tax receipts for such contributions. Additionally, donors are not permitted to claim tax deductions for these types of donations.
The CRA guide for Canadian registered charities benefiting recipients outside Canada states that “increasing the effectiveness and efficiency of Canada’s armed forces is charitable, but supporting the armed forces of another country is not.” In other words, Canadian donations should go to the Canadian armed forces and not to some foreign army.
We extend our best wishes to JNF Canada in their legal struggle and recommend as we have done so many times in the past to our Canadian readers: Vote Conservatives.
