Canada’s IHRA Handbook Threatens Free Expression and Palestinian Rights Advocacy
November 1st, 2024
Yesterday’s release of the Canadian government’s IHRA handbook on antisemitism raises serious concerns for the future of open discourse and rights-based advocacy in Canada.
As an organization committed to evidence-based human rights defence, Justice For All Canada recognizes antisemitism as a serious issue. However, this handbook undermines essential rights to expression, including the right to critically examine Israeli state policies. While the handbook assures that general criticism of Israel isn’t inherently antisemitic, its broad approach leaves room for interpretations that could categorize legitimate criticism as antisemitic.
Zionism’s role in the continued illegal occupation of Palestinian territories—a violation of international law and Palestinian self-determination rights as recognized by the ICJ—remains central to the concerns raised by human rights advocates and legal experts alike. This handbook’s approach risks suppressing essential legal and human rights advocacy, thereby limiting discourse on Israel’s responsibilities and violations as an occupying power. It narrows the freedom to challenge Israel’s state actions and policies, directly impacting Palestinian voices and efforts for Palestinian human rights.
Amnesty International and other rights organizations have similarly argued that the IHRA definition’s illustrative examples—several of which are included in the handbook—risk conflating legitimate criticism of Israel’s policies with antisemitism. These examples are problematic because they blur the line between political critique and discrimination, posing a threat to freedom of expression and potentially creating a chilling effect on essential discussions surrounding Palestinian rights and international law.
In light of these concerns, we outline the following key recommendations as necessary considerations for addressing the IHRA handbook’s impact on rights-based advocacy and freedom of expression in Canada:
In this endeavour, Justice For All Canada echoes concerns raised by Independent Jewish Voices (IJV). We support their comprehensive work which details that the IHRA definition, particularly through its vague examples, risks ‘conflating antisemitism with legitimate criticism of Israeli government policies and actions.’ This conflation poses threats to advocacy for Palestinian rights and risks fuelling anti-Palestinian racism, as IJV has explained. We join IJV and other human rights groups in urging the government to ‘reject the IHRA definition of antisemitism along with further attempts at institutionalizing it’, and instead pursue approaches that unite communities facing racist attacks.
We stand firmly against all forms of antisemitism, recognizing it as a profound and persistent threat to Jewish communities in Canada and worldwide. As part of our organization’s broader dedication to human rights and justice, we remain committed to combating all forms of racism and discrimination. Any approach to addressing antisemitism must, however, uphold the integrity of open dialogue and the rights of all communities, including those advocating for Palestinian human rights.
Sources
Amnesty International. "UN Must Respect Human Rights While Combatting Antisemitism." Amnesty International, 4 Apr. 2023, www.amnesty.org/en/latest/news/2023/04/global-un-must-respect-human-rights-while-combatting-antisemitism/. Accessed 31 Oct. 2024.
Human Rights Watch. "Human Rights and Other Civil Society Groups Urge United Nations to Respect Human Rights While Combatting Antisemitism." Human Rights Watch, 4 Apr. 2023, www.hrw.org/news/2023/04/04/human-rights-and-other-civil-society-groups-urge-united-nations-respect-human. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. How Not to Fight Antisemitism: IHRA-WDA Report. Independent Jewish Voices Canada, 2019, www.ijvcanada.org/how-not-to-fight-antisemitism-ihra-wda-report/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "Open Letter from 650+ Canadian Academics Opposing the IHRA Definition of Antisemitism." Independent Jewish Voices Canada, www.ijvcanada.org/open-letter-from-canadian-academics-opposing-the-ihra-definition-of-antisemitism/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "Canada’s IHRA Handbook Threatens Both Palestinians and Jews." Independent Jewish Voices Canada, www.ijvcanada.org/canadas-ihra-handbook-threatens-both-palestinians-and-jews/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "IHRA Definition at Work." Independent Jewish Voices Canada, www.ijvcanada.org/ihra-definition-at-work/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "Open Letter from Canadian Academics re: the IHRA Definition of Antisemitism." Independent Jewish Voices Canada, 2021, secure.ijvcanada.org/action/2021-02/open-letter-canadian-academics-re-ihra-definition-antisemitism. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. May 9, 2024 - Submission to the House of Commons of Canada. House of Commons Canada, 9 May 2024, www.ourcommons.ca/Content/Committee/441/JUST/Brief/BR13099749/br-external/IndependentJewishVoicesCanada-e.pdf. Accessed 31 Oct. 2024.
Canadians for Justice and Peace in the Middle East (CJPME). Combating Anti-Palestinian Racism and Antisemitism: An Alternative Approach to Canada’s Anti-Racism Strategy. CJPME, 2024, www.cjpme.org/anti_racism_strategy_recommendations_2024. Accessed 31 Oct. 2024.
Yesterday’s release of the Canadian government’s IHRA handbook on antisemitism raises serious concerns for the future of open discourse and rights-based advocacy in Canada.
As an organization committed to evidence-based human rights defence, Justice For All Canada recognizes antisemitism as a serious issue. However, this handbook undermines essential rights to expression, including the right to critically examine Israeli state policies. While the handbook assures that general criticism of Israel isn’t inherently antisemitic, its broad approach leaves room for interpretations that could categorize legitimate criticism as antisemitic.
Zionism’s role in the continued illegal occupation of Palestinian territories—a violation of international law and Palestinian self-determination rights as recognized by the ICJ—remains central to the concerns raised by human rights advocates and legal experts alike. This handbook’s approach risks suppressing essential legal and human rights advocacy, thereby limiting discourse on Israel’s responsibilities and violations as an occupying power. It narrows the freedom to challenge Israel’s state actions and policies, directly impacting Palestinian voices and efforts for Palestinian human rights.
Amnesty International and other rights organizations have similarly argued that the IHRA definition’s illustrative examples—several of which are included in the handbook—risk conflating legitimate criticism of Israel’s policies with antisemitism. These examples are problematic because they blur the line between political critique and discrimination, posing a threat to freedom of expression and potentially creating a chilling effect on essential discussions surrounding Palestinian rights and international law.
In light of these concerns, we outline the following key recommendations as necessary considerations for addressing the IHRA handbook’s impact on rights-based advocacy and freedom of expression in Canada:
- As an immediate step, we urge the Government of Canada to initiate a more inclusive public process that would allow all stakeholders, including rights organizations, to weigh in on policy steps tied to the handbook. Governments have a duty to combat antisemitism while safeguarding essential rights; this responsibility is best upheld through balanced, open, and transparent dialogue.
- It is crucial to remember that this handbook does not carry legal or legislative authority. It remains a non-binding document, reflecting an advisory stance rather than a parliament-endorsed or widely debated national consensus. With that being said, the handbook purports to provide guidance to law enforcement and the legal system on the basis of its definition of antisemitism. We call on the government to reconsider the handbook’s status and approach, as its recommendations do not reflect a broad-based or legally substantiated directive.
In this endeavour, Justice For All Canada echoes concerns raised by Independent Jewish Voices (IJV). We support their comprehensive work which details that the IHRA definition, particularly through its vague examples, risks ‘conflating antisemitism with legitimate criticism of Israeli government policies and actions.’ This conflation poses threats to advocacy for Palestinian rights and risks fuelling anti-Palestinian racism, as IJV has explained. We join IJV and other human rights groups in urging the government to ‘reject the IHRA definition of antisemitism along with further attempts at institutionalizing it’, and instead pursue approaches that unite communities facing racist attacks.
We stand firmly against all forms of antisemitism, recognizing it as a profound and persistent threat to Jewish communities in Canada and worldwide. As part of our organization’s broader dedication to human rights and justice, we remain committed to combating all forms of racism and discrimination. Any approach to addressing antisemitism must, however, uphold the integrity of open dialogue and the rights of all communities, including those advocating for Palestinian human rights.
Sources
Amnesty International. "UN Must Respect Human Rights While Combatting Antisemitism." Amnesty International, 4 Apr. 2023, www.amnesty.org/en/latest/news/2023/04/global-un-must-respect-human-rights-while-combatting-antisemitism/. Accessed 31 Oct. 2024.
Human Rights Watch. "Human Rights and Other Civil Society Groups Urge United Nations to Respect Human Rights While Combatting Antisemitism." Human Rights Watch, 4 Apr. 2023, www.hrw.org/news/2023/04/04/human-rights-and-other-civil-society-groups-urge-united-nations-respect-human. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. How Not to Fight Antisemitism: IHRA-WDA Report. Independent Jewish Voices Canada, 2019, www.ijvcanada.org/how-not-to-fight-antisemitism-ihra-wda-report/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "Open Letter from 650+ Canadian Academics Opposing the IHRA Definition of Antisemitism." Independent Jewish Voices Canada, www.ijvcanada.org/open-letter-from-canadian-academics-opposing-the-ihra-definition-of-antisemitism/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "Canada’s IHRA Handbook Threatens Both Palestinians and Jews." Independent Jewish Voices Canada, www.ijvcanada.org/canadas-ihra-handbook-threatens-both-palestinians-and-jews/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "IHRA Definition at Work." Independent Jewish Voices Canada, www.ijvcanada.org/ihra-definition-at-work/. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. "Open Letter from Canadian Academics re: the IHRA Definition of Antisemitism." Independent Jewish Voices Canada, 2021, secure.ijvcanada.org/action/2021-02/open-letter-canadian-academics-re-ihra-definition-antisemitism. Accessed 31 Oct. 2024.
Independent Jewish Voices Canada. May 9, 2024 - Submission to the House of Commons of Canada. House of Commons Canada, 9 May 2024, www.ourcommons.ca/Content/Committee/441/JUST/Brief/BR13099749/br-external/IndependentJewishVoicesCanada-e.pdf. Accessed 31 Oct. 2024.
Canadians for Justice and Peace in the Middle East (CJPME). Combating Anti-Palestinian Racism and Antisemitism: An Alternative Approach to Canada’s Anti-Racism Strategy. CJPME, 2024, www.cjpme.org/anti_racism_strategy_recommendations_2024. Accessed 31 Oct. 2024.