Fred Hahn's apology virtually admits CUPE's behaviour has resulted in Jewish members feeling unwelcome and discriminated against
The Canadian Union of Public Employees (CUPE) has filed its defence against accusations from some Jewish members that the union’s response to Hamas’s attack on Israel discriminated against them.
The union denies the allegations in the case before the Ontario Human Rights Tribunal, but its denials are undermined by its own statement of defence, which indicates just how ingrained antisemitism has become in Canada’s largest trade union.
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Eighty Jewish CUPE members have filed applications with the tribunal, claiming they have been made to feel “isolated, unwelcome, scared, silenced, discriminated against, threatened and harassed.” The lead complainant is Carrie Silverberg, an education assistant in a public school board and a CUPE member of 17 years standing, who is seeking $500,000 in damages.
Her application names CUPE Ontario, its president Fred Hahn, and Local 3096, which represents 3,500 workers at McMaster University in Hamilton.
The application points to a tweet on Oct. 7 by CUPE 3906 as the terrorist attack was taking place that read: “Palestine is rising, long live the resistance” and another on Oct. 8 by Hahn that praised “the power of resistance.”
Hahn apologized two weeks later but the application said it “lacked sincerity” and was just the latest in a long pattern of discrimination against Jewish union members.
The application states that Hahn has advised Jewish members that the Jewish people “stole” the land of Israel from Palestinians, and that he encourages and condones antisemitism.
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The case for the defence is, by turn, inconsistent and irrational.
Contrary to the complaints, it says the union “welcomes, supports, accommodates and celebrates” its Jewish members.
It argues the applicants’ complaints are simply disagreements on “political, social and academic” issues about Israel and that no discrimination, individual or systemic, has taken place.
The statement of defence argues it is not discriminatory to express the view that Israel is a settler-colonial state; that it is illegally occupying Palestinian land; that it has a history of occupation and colonization; and is engaged in ethnic cleansing.
CUPE argues that such political discussions are not regulated by the Ontario Human Rights Code.
Just in case, the tribunal doesn’t buy the argument that the union is politically agnostic when it comes to advocating for its Jewish members, despite its antagonism toward Israel, CUPE also argues that the section of the Ontario Human Rights Code under which the applicants have filed their complaint does not apply.
Silverberg brought her application under Section 6 of the code, which grants “the right to equal treatment with respect to membership of any trade union.”
But the trade union that says it has done nothing wrong is taking no chances. It says the Section 6 charge does not apply because CUPE Ontario is not a trade union (it is the political arm of CUPE); Hahn is not a trade union, so cannot be held responsible under Section 6; and CUPE Local 3096, while it is a trade union, does not represent Silverberg and therefore cannot discriminate against her.
On the substantive points, it argues the Oct. 7 tweet was made at a time when the CUPE 3906 was not aware of the full scope of the situation on the ground. “If CUPE 3906 had been aware of the harm to civilians which was occurring, it would have acted differently,” the statement says.
The tweet was not a celebration of murder and rape, as the applicant alleged, and did not promote violence against Jewish people, it maintains.
Readers can come to their own conclusion on what alternative interpretation could be reached from the statement: “Long live the resistance.”
The statement of defence rather undermines its own claim that the tweet was merely expressing a long-held position in support of Palestinian “freedom” by admitting that it was later pulled down, amid a firestorm of criticism.
Hahn could hardly claim that the extent of the attacks were not known when he tweeted on Oct. 8, saying he was thankful for “the power of resistance.”
“Because resistance is fruitful and no matter what some might say, resistance brings progress.”
His defence was that the tweet was not about Palestinians or Israel or the violence that occurred: rather, he just woke up on Thanksgiving Sunday and decided to opine on the subject of resistance.
“It is disingenuous to suggest that the only context for the October 8th tweet was the violence unfolding in Israel and Gaza,” the statement says. “The October 8th tweet was about the power of workers fighting for justice.”
It may not have been the only context, but it must have been the predominant one — the attack was the biggest story in the world that day.
The defence is further undermined by Hahn posting an image on Instagram that featured the words “from the river to the sea, Palestine will be free.”
“Contrary to the applicant’s assertion, this phrase is not anti-Semitic,” says the statement of defence. Rather, it is a “protest slogan” and not a call for death or violence to Israelis or Jewish people.
Again, readers can make up their own minds. It is pretty clear what Hamas means in its charter, which demands complete Palestinian liberation “from the river to the sea” and calls the Israeli presence “a racist, aggressive, colonial and expansionist project.”
Hahn tried to repair the damage by issuing a clarification on Oct. 10 attempting to establish his pacific credentials. “I have never celebrated violence. Hoping for people to be free is not violence. Criticism of governments who misuse their power over people is not violence,” he said.
It wasn’t until Oct. 21 that he apologized, admitting that the Oct. 8 tweet was badly timed. “That was an error and I apologize,” he said. “My social media post became a giant lightning rod for both legitimate anger and also for bad faith actors with a divisive agenda. I acknowledge my posts affected CUPE as an organization and caused pain among our membership … I am deeply sorry for this unintended consequence.”
How a seasoned political figure — he has been re-elected as president seven times — could make such a miscalculation is baffling. The only explanation is that his zealotry clouded his mind to the point he forgot that his union represents people who were emotionally shattered by the events of Oct. 7.
How many Jewish members have confidence in a union led by Fred Hahn after that?
I may not have the keen legal brain of the adjudicators who sit on the Ontario Human Rights Tribunal, some of whom are even lawyers. But Hahn’s apology would appear to be an admission that CUPE has not merely engaged in a “political discussion”; that, in fact, its behaviour has resulted in some members feeling unwelcome, discriminated against and harassed.
CUPE’s best hope is that the tribunal’s massive backlog of cases means this one gathers dust for years to come.
National Post
jivison@criffel.ca
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