The Canadian Union of Postal Workers has won court approval to proceed with a rare defamation lawsuit against B’nai Brith, said Blacklock’s Reporter..The newly-released decision was the last by Ontario Court of Appeal Justice Mahmud Jamal, now a Supreme Court of Canada appointee.“CUPW is a public sector union,” wrote Jamal. “From time to time it takes positions on political and human rights issues.”.B’nai Brith Canada had sought to dismiss the lawsuit. It was instead ordered to pay $15,000 in costs. A trial is pending..The defamation claim followed a 2018 news release by B’nai Brith stating the postal workers’ union “has aligned itself with the path of violence and extremism” in the Middle East. “This is both deeply immoral and obviously not in the best interests of Canadian postal workers,” it said..In a second 2018 news release headlined Tell CUPW To Answer Canadians’ Questions, B’nai Brith wrote: “Most Canada Post employees have nothing to do with their union’s anti-Israel extremism and shouldn’t be forced to pay the price. But CUPW’s radical leadership has refused to respond to our questions.”.“Many have also asked us whether CUPW can legally compel its Jewish and Israeli members to pay fees which may be used to support a foreign organization that wants to see them murdered,” the statement continued: “We will continue to hold institutions accountable for their links to terrorism and anti-Semitism.”.The B’nai Brith commentaries followed a Canadian Union of Postal Workers statement promoting “greater solidarity” with the Palestinian Postal Workers’ Union. CUPW accused Israel of “an illegal, inhumane and destructive blockade of Gaza for over 10 years.”.Jamal noted CUPW had “for many years supported a boycott of Israeli products, known as the boycott, divestment and sanctions movement, based on its view that Palestinians are mistreated in the occupied territories.” The Ontario Superior Court similarly ruled in 2020 the union was entitled to sue for defamation..“There is no doubt there is a solid case for defamation,” wrote Justice Calum MacLeod. The B’nai Brith news releases “referred to CUPW by name,” said the court. “Like a corporation, a union may be defamed although of course it cannot suffer hurt feelings.”.“Not only would it be difficult to prove the Canadian Union of Postal Workers literally supports terrorism, violence or anti-Semitism, the evidence also suggests it will be difficult to show the Palestinian Postal Service Workers’ Union officially supports terrorism,” wrote the court..Union lawsuits for defamation are rare in Canada. The International Woodworkers of America in 1959 sued then-Newfoundland Premier Joey Smallwood for $100,000 over anti-labour remarks in a radio broadcast. The case never went to trial..In 1979 the Ontario Court of Appeal dismissed a $1 million defamation suit by the Seafarers’ International Union against then-Conservative MP Allan Lawrence (Northumberland-Durham, Ont.) for calling their leadership “gangs of thugs.” The Court ruled the Seafarers had no grounds to file the claim..Mike D’Amour is the British Columbia Bureau Chief for the Western Standard..,.mdamour@westernstandardonline.com
The Canadian Union of Postal Workers has won court approval to proceed with a rare defamation lawsuit against B’nai Brith, said Blacklock’s Reporter..The newly-released decision was the last by Ontario Court of Appeal Justice Mahmud Jamal, now a Supreme Court of Canada appointee.“CUPW is a public sector union,” wrote Jamal. “From time to time it takes positions on political and human rights issues.”.B’nai Brith Canada had sought to dismiss the lawsuit. It was instead ordered to pay $15,000 in costs. A trial is pending..The defamation claim followed a 2018 news release by B’nai Brith stating the postal workers’ union “has aligned itself with the path of violence and extremism” in the Middle East. “This is both deeply immoral and obviously not in the best interests of Canadian postal workers,” it said..In a second 2018 news release headlined Tell CUPW To Answer Canadians’ Questions, B’nai Brith wrote: “Most Canada Post employees have nothing to do with their union’s anti-Israel extremism and shouldn’t be forced to pay the price. But CUPW’s radical leadership has refused to respond to our questions.”.“Many have also asked us whether CUPW can legally compel its Jewish and Israeli members to pay fees which may be used to support a foreign organization that wants to see them murdered,” the statement continued: “We will continue to hold institutions accountable for their links to terrorism and anti-Semitism.”.The B’nai Brith commentaries followed a Canadian Union of Postal Workers statement promoting “greater solidarity” with the Palestinian Postal Workers’ Union. CUPW accused Israel of “an illegal, inhumane and destructive blockade of Gaza for over 10 years.”.Jamal noted CUPW had “for many years supported a boycott of Israeli products, known as the boycott, divestment and sanctions movement, based on its view that Palestinians are mistreated in the occupied territories.” The Ontario Superior Court similarly ruled in 2020 the union was entitled to sue for defamation..“There is no doubt there is a solid case for defamation,” wrote Justice Calum MacLeod. The B’nai Brith news releases “referred to CUPW by name,” said the court. “Like a corporation, a union may be defamed although of course it cannot suffer hurt feelings.”.“Not only would it be difficult to prove the Canadian Union of Postal Workers literally supports terrorism, violence or anti-Semitism, the evidence also suggests it will be difficult to show the Palestinian Postal Service Workers’ Union officially supports terrorism,” wrote the court..Union lawsuits for defamation are rare in Canada. The International Woodworkers of America in 1959 sued then-Newfoundland Premier Joey Smallwood for $100,000 over anti-labour remarks in a radio broadcast. The case never went to trial..In 1979 the Ontario Court of Appeal dismissed a $1 million defamation suit by the Seafarers’ International Union against then-Conservative MP Allan Lawrence (Northumberland-Durham, Ont.) for calling their leadership “gangs of thugs.” The Court ruled the Seafarers had no grounds to file the claim..Mike D’Amour is the British Columbia Bureau Chief for the Western Standard..,.mdamour@westernstandardonline.com
