CBC reports:
Legal experts are puzzled by why the Tax Court of Canada prevented a Jewish judge from presiding for several months in cases involving members of the Islamic faith rather than removing him entirely from the bench until allegations against him were resolved.
It is more puzzling that Judge David Spiro would be subjected to the humiliating and severe measure of being barred from presiding over cases involving Muslims, suggesting that there is far more involved in this story than meets the eye. The suggestion of temporarily removing him from the bench altogether until resolution of the “allegations” is even more jarring.
According to Newswire, the “allegations of misconduct against Spiro” reportedly involve his efforts to oppose the hiring of a highly questionable academic on the faculty of law at the University of Toronto:
It was alleged that Spiro used his influence as an alumnus and major donor to try to block the university’s faculty of law from offering a job to Valentina Azarova, an international law practitioner who has written widely on Israel-Palestinian affairs.
Azarova’s record shows that she takes “a severely critical view of Israel’s actions vis-à-vis the Palestinians.” It is telling that she is supported by the organization Canadians for Justice and Peace in the Middle East (CJMPE), an aggressive promoter of the BDS Movement. The Canadian Jewish advocacy group, B’nai Brith, referenced Azarova as “essentially antisemitic.” B’nai Brith petitioned Canadian government ministers to deny a work permit for the German professor “if she is accepted to the position of director of the International Human Rights Program (IHRP) at the University of Toronto. Azarova is blatantly biased against Israel, B’nai Brith argued.”
It is thus easy to see why Judge Spiro would have concerns about Azarova. But to accuse him of indiscretion, misconduct and abuse of his influence is absurd. All potential hires anywhere are discussed by any number of individuals who influence the hiring process. It is unreasonable to expect Spiro to be voiceless.
It has become ubiquitous globally to attempt to silence those who offend Islam, offend Muslims, or get in the way of certain agendas.
Circulating criticisms of Judge Spiro’s influence in the hiring process of Azarova also conveniently omit the fact that there were other highly qualified Canadians vying for the same job.
What comes next is atrocious:
Chief justice of the Tax Court, Eugene Rossiter, informed the Canadian Judicial Council, a regulatory body for judges, of measures taken in response to a number of allegations of misconduct against Spiro in connection with a proposed hiring at the University of Toronto.
Remarkably, Judge Spiro’s legitimate concern about Azarova — that she would likely fan the flames of campus antisemitism — was translated into accusations of his being “biased” (a demeaning label for a judge) and exhibiting “misconduct” (discrediting to any judge).
Notice that the word “biased” isn’t used to describe Azarova.
Consequences were swift for Judge Spiro:
Rossiter wrote that “all files assigned to Justice Spiro would be reviewed by the associate chief justice of the Tax Court” and that Spiro would “recuse himself immediately from any file at any time in which it appeared to him that either the counsel, representative of any litigant or a litigant is a Muslim or is of the Islamic faith.” Rossiter said that the decision was made to “allow for any concerns related to the potential perceived bias from Justice Spiro to be removed.”
Perceived? By whom? It starts with Queen’s Law Professor Leslie Green. According to Law Times News:
Green made the complaint after reading media reports that Spiro had allegedly pressured Dean of Law Edward Iacobucci to reverse a job offer made to an academic because of her scholarship related to Israel’s human rights abuses against Palestinians.
It is apparent where Green stands on the Israel-Palestinian issue.
It is curious that it is not only Judge Spiro who has sparked allegations of bias against Muslims at a federal institution over the Palestinian issue. So has the Canada Revenue Agency (CRA), which has been accused of “prejudice” against Muslim Charities, which was found to be funneling money to Hamas.
Keep in mind that once a Muslim charity is flagged by the CRA, and its charitable status is revoked or the group is penalized in some fashion by CRA, entering an appeals process is an option. The first layer of external appeal, which can well result in overriding the CRA, is via the Tax Court of Canada (TCC) — the same court where Judge Spiro presides. The TCC hears appeal cases when all avenues have been exhausted.
The process of appeal first calls for a “Notice of Objection” to be sent to the Canada Revenue Agency (CRA). A review of this Notice results in a “reassessment, a confirmation or a determination.” Then, if the dispute remains unsettled, it goes to the TCC.
Near the end of last month, a Muslim charity called Human Concern International (HCI) went to the TCC to fight the findings of the Canada Revenue Agency (CRA), which prohibited it from issuing tax receipts after “an audit by the agency’s charities directorate that flagged concerns about six initiatives.” Specifics were unreported.
According to the Government of Canada webpage on “Appealing Income Tax Act Assessments and Notices in respect of Registered Charities to the Tax Court of Canada”…
If you do not agree with our decision on your objection concerning a notice of suspension, an assessment of taxes or an assessment of penalties, issued under Part V of the Income Tax Act, you can appeal to the Tax Court of Canada.
The full process of appeal against the CRA’s rulings was pursued by HCI: 1. objecting through the revenue agency’s internal administrative appeal process. 2. going to the federal Tax Court to delay suspensions by the CRA, which resulted in the federal Tax Court judge ruling against providing a stay of the suspension, and 3. going to the Federal Court of Appeals, where HCI’s case is now being reviewed.
The Tax Court has the power to override CRA penalties after reviewing a case — again, the same court that Judge David Spiro presides in, except now, Spiro has been stripped of presiding over any case involving anyone from the Islamic faith.
It is common knowledge that many Muslim charities in America have been discovered to be linked to terrorism. View a list HERE. Many of those have offshoots in Canada.
Aside from Spiro raising the ire of some academics, the media and some of his own colleagues over his concerns about Valentina Azarova, one must remember that separately, fierce efforts have been underway in Canada to stop the audits of Muslim charities, calling such audits “prejudiced.”
Back in June, the news broke that “more than 130 groups call on Canada to stop ‘prejudiced audits’ of Muslim charities.” The vast majority of them are Muslim groups. Among the others are recognized anti-Israel Boycott, Divestment and Sanctions (BDS) advocates, such as Canadians For Justice and Peace in the Middle East and the Canadian Union of Postal Workers. See the list HERE.
Canada Revenue Agency (CRA) Spokesperson Pamela Tourigny has defended the fairness of the CRA process, stating to the Non Profit Times that “the CRA does not select registered charities for audit based on any particular faith or denomination.”
The article goes on to explain how selections for audits are made. Tourigny further states:
When audits find non-compliance, the charity is first given an opportunity to correct the non-compliance issues before sanctions or revocations are issued.
A warning about the implications of what may be coming next: In July, an “emergency national summit on Islamophobia” took place. Before that Summit, the National Council of Canadian Muslims (formerly CAIR-CAN) released 61 recommendations for every level of government to fight “Islamophobia.”
Then at the Summit, Prime Minister Trudeau accused Revenue Canada of taking aim at Muslims. He stated:
From the (Canada Revenue Agency) to security agencies, institutions should support people, not target them.
At that same Summit, Revenue Minister Diane Lebouthillier agreed “to ask the taxpayers’ ombudsperson, François Boileau, for a systemic review of the concerns,” ostensibly about Muslim charities being discriminated against and picked on.
There is a great deal of disturbing evidence that proves how damaging these baseless accusations against Canada’s institutions are. United Press International reported findings about the Muslim Association of Canada and IRFAN-Canada in 2015:
The Muslim Association of Canada (MAC), one of the largest Muslim organizations in the country, is being accused of funneling money to designated terrorist organization IRFAN-Canada. A Canadian police raid found that MAC gave $296,514 to IRFAN-Canada between 2001 and 2010, according to The Toronto Sun.
The Toronto Sun headline is no longer online, but here’s a screenshot…
The Muslim Association of Canada is a self-described Muslim Brotherhood-tied group. See screenshot and more HERE.
A year earlier, Revenue Canada concluded this about IRFAN:
IRFAN-Canada is a not for profit organization operating in Canada. Between 2005 and 2009, IRFAN-Canada transferred approximately $14.6 million worth of resources to various organizations associated with HAMAS, a listed terrorist entity under the Criminal Code.
The terrorist designation was made under the Conservative Stephen Harper government.
IRFAN engaged in the full appeals process against Revenue Canada, as outlined earlier. The appeal was still in progress when it was last reviewed in 2018. IRFAN has also applied to federal court to have its terrorist designation removed, and it will likely succeed under the Trudeau government. In the meantime, IRFAN is actually getting taxpayer funds — along with the National Council of Canadian Muslims — to help the Trudeau government impose its “anti-Islamophobia” M-103 measures on Canadians, which include “monitoring citizens for compliance” and training law enforcement to recognize online and offline “hate.”
In conclusion, there is no clear evidence in any public reports of bias by Judge Spiro with regards to Valentina Azarova, let alone “misconduct.” Prudence, yes. Bias, no.
Canadian universities do not need to hire pro-Palestinian propagandists from abroad to teach students all about a fictional Israeli “occupation,” while leaving out the Palestinian jihadist narrative; nor do they need to aid in the facilitation of campus hatred against Jewish students that erupts particularly aggressively whenever Israel levies retaliatory strikes to protect its citizens against rocket fire from Gaza. The University of Toronto (U of T) already has enough of a “festering antisemitism” problem.
Likewise, the CRA is not biased or prejudiced in exercising its due diligence regarding Muslim charities, but has been prudent, despite escalating pressures that amount to exonerating Muslims regardless of the evidence. There is an established problem with Muslim charities funneling money to aid and abet jihadist activities in the Palestinian territories.
Pro-Palestinian and BDS supporters will continue to scream “bias,” “discrimination,” and “Islamophobia” at every turn in order to facilitate their ambitions; while “progressives” in the media, in positions of political leadership, and now, evidently, at the Canadian Tax Court, continue to aid and shield them. The claim that “legal experts are puzzled by why the Tax Court of Canada prevented a Jewish judge from presiding for several months in cases involving members of the Islamic faith rather than removing him entirely” is wrongheaded and exaggerated. It all depends on which legal experts one consults. Let’s hope that Judge Spiro — now a target of antisemitism and embroiled in a political brouhaha — will be fully restored to his duties. The courts need him more than ever, and owe Canadians some restored confidence in a system hijacked by special interest groups. Canadian institutions need to be restored to being fully equitable systems, not strong-armed into favoring Muslims above everyone else.
In the meantime, the blatant antisemitism displayed toward Judge Spiro needs to be publicly addressed.
Roland says
The rot runs deep in Canada.
mortimer says
The Liberal Party is in bed with the Muslim Brotherhood. MAC is the front of the Muslim Brotherhood. Palestine House is Hamas.
This is SYSTEMIC ANTI-SEMITISM and it’s disgraceful.
tim gallagher says
You’re not kidding, Roland. What a disgusting case of caving in to the Muslims this case is.
fadeye@yahoo.com says
It’s gangrenous! &;justine castreau swears she can save the limb!
Mount Zion says
Not only in Canada
haroldpom says
Amazingly a Muslim woman was going to teach students about human rights and discrimination. There are no human rights and persecution of religious minorities is the rule in Muslim countries, not the exception.
mortimer says
A Muslim member of Canada’s parliament who SUPPORTS THE TALIBAN was appointed the minister of women’s affairs. How much do the Taliban support the rights of women? Jihadi Justin did it. He has prejudice in ONE DIRECTION ONLY … as instructed by the Muslim Brotherhood.
gravenimage says
Yes–grotesque, Harold and Mortimer.
mortimer says
Jihadi Justin is a sell-out and traitor to his country. He is in the pocket of the Muslim Brotherhood 100%. I wonder what they have on him … I wonder where the loot is domiciled. The sooner Canadians reject this insincere, smug, supercilious traitor, the better.
To allow religious/racial prejudice against a JUDGE shows that NO ONE WILL BE SAFE if Jihadi Justin continues. It doesn’t matter what the religion or race of a judge is! Judges are hired for their knowledge and proven objectivity. Only the facts in a case matter to a good judge.
This is one of the most shocking stories to come out of Canada.
fadeye@yahoo.com says
Based.
Giacomo Latta says
”I wonder what they have on him”
They know he’s a halfwit in love with tyranny, even if it is not based in China. They also have a ”cause” for him to sympathize with:”Islamophobia.”
haroldpom says
Muslims are not now and have never been a victim group. They are members of the most manifestly supremacist, totalitarian, belligerent and hate-filled religious-political ideology on Earth. It is an ideology brimming with intrinsic pathologies and hatred of non-Muslims. Muslims have been visiting atrocities, genocides and oppression upon non-Muslims for over 1,400 years, ever since their wretched and evil ideology’s founding.
mortimer says
To Harold: most eloquent, concise and accurate. The Koran was written by sociopaths.
tim gallagher says
Spot on, haroldpom. A very good summary of islam and of its atrocious, evil 1400 year history.
fadeye@yahoo.com says
And if you & I could get a pass from the State Dept., we could go to Libya and purchase a fully* castrated black African male for $400 US, ever since the Benghazi fiasco of obama&hildog! #WonderWhyLeftiatsNeverWantToTalkAboutTHAT??
*both testes and penis are severed in the age old tradition of islam, to this very day!
libertyORdeath says
It is funny how muslim imperialism and participation in the slave trade are ignored or celebrated while any Western empire is denounced. How did the most successful expansionist religion in history morph into the largest “victim” group in the world, all while killing, raping, terrorizing and pillaging along the way?
Propaganda is a powerful thing indeed.
somehistory says
More evil actions from what was once a very nice place for normal people to live and other normal people to visit.
I have known many Canadians in my lifetime as they visited for extended periods and yearly in Florida. They were all good to know, to become friends. I hope they are well if they are still alive.
Now the beautiful land has been infested with islam and who knows what evil actions will come next. mozlums spoil everything they touch, everywhere they invade, everything they do that should be normal activities…like get a job, interact with other people, etc.
One day, Justice will be executed against this foul, evil, demonic teaching. All those adhering to it should sit up and take notice of our Creator’s warning against serving satan.
mortimer says
This is the most SYSTEMIC FORM OF RACISM in Canada that I am aware of. Let us apply the SHOE-ON-THE-OTHER-FOOT test of fairness. Let us change the ethnicity of the judge for a moment and pretend the judge was a Muslim and the person being examined was Jewish. Would the Lib-Jihad Party agree that the Jew should not be tried because the judge was a Muslim??? No, they would call that ISLAMOPHOBIA.
But this is a clear case of ANTI-SEMITISM sponsored by the Canadian government.
medaber_emet says
i have said long ago that due to the fastly growing muslim population in canada pretty soon jews life in canada will become more and more difficult and evetually unbarrable untill they will all flee (just like jews in arab countrys)
medaber_emet says
i have said long ago that due to the fastly growing muslim population in canada pretty soon jews life in canada will become more and more difficult and evetually unbarrable untill they will all flee (just like jews in arab countrys)
gravenimage says
Canada: Jewish Tax Court judge barred from presiding over cases involving Muslims
………..
This is just grotesque. Is Canada going to prevent black judges from presiding over cases involving racists? Of course not, nor should they.
This is the first step to setting up special Shari’ah courts for Muslims.
Terry Gain says
GI
Justice Spiro is not being prevented from hearing cases involving Muslims because he is Jewish but rather because he chose to become an activist. Justices who do not stay above the fray will usually be removed in order that the appearance of injustice does not get a foothold.
haroldpom says
Preventing an antisemite from teaching in Canada is being an activist? Are there not enough antisemites in Canada. Many of them are already at the University of Toronto.
Should Muslim judges in Canada be prevented from hearing cases involving Jews due to the Israel-Palestinian conflict or Muslim denunciation of Jews as stated in the Quran?
Terry Gain says
haroldpom
You ignore the facts of the matter under discussion and then attack a straw man you created.
No one on this site is more opposed to Islam than me. I have a high regard for Justice Spiro but precedent prevails. I always try to choose principles over principals.
Terry Gain says
Of course, if the Spiro precedent is followed, Muslim Judges who become activist against Jews should not hear cases involving Jews. This cuts both ways.
gravenimage says
Terry, it looks as though Judge Spiro objected to antisemite Valentina Azarova being offered a position at the University of Toronto. Others objected as well, including B’nai B’rith.
I’m not sure how taking a stance against an antisemite would lead to his being prevented from hearing cases involving Muslims. Azarova is not Muslim.
Then, even if there is a law in Canada that judges are not allowed to express opinions–and I cannot find any reference to this–then one would assume that Judge Spiro would not be allowed to hear *any* cases, or would be disbarred outright.
But instead he is only barred from hearing cases involving Muslims. Are all “activists” of all kind barred from hearing cases involving Muslims? Is this some sort of precedent in Canada? If so, why?
gravenimage says
Terry, how did Judge Spiro become an activist against Muslims?
As I noted, Azarova is not Muslim. Is this some sort of claim that every Muslim is antisemitic? Isn’t that Islamophobic?
Terry Gain says
I am opposed to Muslim immigration into Canada, but this decision is not surprising. Judges are required not only to be unbiased but to be seen to be unbiased. If they descend into the arena – even if, as here, their cause is justified – they will not be seen as unbiased. So the removal of Justice Spriro from cases involving Muslims was anticipated.
Infidel says
Terry
Thanks for explaining the background
Terry Gain says
I am opposed to Muslim immigration into Canada, but this decision is not surprising. Judges are required not only to be unbiased but to be seen to be unbiased. If they descend into the arena – even if as here their cause is justified – they will not be seen as unbiased. So the removal of Justice Spriro from cases involving Muslims was anticipated.
gravenimage says
I still don’t see how opposing an Infidel antisemite receiving a teaching position anticipates this judge being barred from hearing cases involving Muslims. Can you explain how this was anticipated?
Major Tom says
Canada’s Transport Minister, we’re told, retains a Syrian and Canadian Passport…..was raised in Saudi Arabia and was President of the Canadian Arab League. He is in charge of Canada’s seaports and airports………
Del says
A Muslim Judge is incapable of presiding over a Democratic Court. Islam hates democracy, as it a theocracy, a form of religious government controlling every minute, every thought of its members.
Walter Sieruk says
This is still more evidence of the influence of the insidious stealth jihad in Canada which the devote Muslims striving are to infuriate the Canadian government with the power of the rule by Sharia law.
Chris Budgell says
Many Canadians have almost no knowledge about the geo-political realities in the middle east. I confess to being one of them and for that I might be criticized. I don’t wade into debates about matters on which I have very little knowledge. I do have enough knowledge about the Canadian judiciary to have recognized immediately that a sitting judge should not do what Justice David E. Spiro did.
As for his record as a Tax Court judge I note that CanLII has copies of only six judgments he has issued in his time on that bench – the most recent one in June.
gravenimage says
What did Judge Spiro do that was wrong?
Chris Budgell says
I see that you have had lots to say here already. So I hope you’ll stay tuned. Check CanLII to see if Justice Spiro delivers any more judgments. Maybe he will. Maybe he won’t. Consider how much he has been paid so far to deliver a mere six judgments. And you can check the Federal Court’s website to monitor the progress of the judicial review challenging the CJC review panel’s decision. I’ve engaged the CJC myself and studied its record. It claims to have a wide mandate, but the truth is it was put into place in 1971 in response to a judicial discipline case that embarrassed the government. I.E., it wasn’t the result of intelligent deliberation but purely reactive. We will have a judicial discipline regime that serves the public interest when the judges no longer have total control over it. The Spiro matter is just the latest in a succession of complaints that the CJC has mishandled.
gravenimage says
Chris, I noticed that you went on at length here but have not answered my question.
And the idea that Spiro was barred from hearing cases involving Muslims because he had only heard six cases so far I’m afraid makes no sense.
Chris Budgell says
Your question has been answered many times. Even the CJC did not say that Justice Spiro did nothing wrong. They said he did, but that it didn’t warrant any sanction. That’s like saying you’re guilty, but you’re free to go. And free to do the same again.
If you want to debate these issues further I suggest taking a look at the very recent post and comments on slaw.ca – http://www.slaw.ca/2021/09/14/a-new-wrinkle-on-judicial-conduct-allegations/ .
gravenimage says
And Chris Budgel *still* does not say how he believes opposing anitsemitism supposedly threatens Muslims. No surprise here.