7 Calls to Action to the TDSB - The Palestinian Exception
22 August 2021
Dear Director Russell-Rawlins,
Acting Associate Director Witherow (Equity, Well-being and School Improvement),
Executive Superintendent Spyropoulos (Human Rights & Indigenous Education),
Superintendent Spence (Equity, Anti-Oppression & Early Years),
Mr. Perry (Executive Officer, Government, Public and Community Relations),
Ms. Kelman (Human Rights Office)
& TDSB Trustees:
The purpose of this letter is to recommend 7 Calls to Action to the TDSB to combat the “Palestinian exception” to antiracist, anti-oppression education, specifically with regards to the TDSB’s quiet adoption of the IHRA definition of antisemitism (TDSB Equity Policy P036. Page 26. Edited 2018. http://ppf.tdsb.on.ca/uploads/files/live/97/200.pdf) and with regards to silencing and censorship of TDSB educators as seen by Mr. Javier Davila’s incredibly unfair situation.
We call on the TDSB to:
1. Implement a fair policy and timeline on any future investigations of educators regarding human rights work so that the unreasonable and unfair situation that Mr. Davila endured is not repeated again.
2. Consult with major stakeholders in a transparent manner when it comes to nuanced issues of equity. The TDSB’s website states that "The objective of consultation is to gather public input regarding options, alternative courses of action, as well as to identify unintended effects for various participants and to find solutions." (https://www.tdsb.on.ca/About-Us/Policies-Procedures-Forms/Policy-Consultations). It is problematic that the TDSB would provide a direct link to the IHRA definition and it's the only definition where this is done. We ask that the TDSB uphold the aforementioned statement regarding consultations when it comes to adopting a definition of antisemitism which will definitely have negative effects on people who identify as being Palestinian and allies who speak out.
3. Discard the IHRA’s definition of antisemitism and adopt one that does not dehumanize Palestinians, one that is more balanced and nuanced.
4. Consult a diverse group of Jewish organizations (e.g. J Space, Independent Jewish Voices Canada etc.) The Centre for Israel and Jewish Affairs (CIJA), Friends of Simon Wiesenthal Center (FSWC) and B’nai Brith all seek to repress criticism of Israel and conflate antisemitism with it (e.g. https://www.friendsofsimonwiesenthalcenter.com/itsantisemitism). The TDSB should reconsider partnering with these organizations.
5. Include Palestinian voices in human rights and equity education.
6. Assure TDSB educators that they can discuss Palestine, its history, culture, and resilience.
7. Align TDSB’s stance on human rights with that of the United Nations Commission on Human Rights.
It was truly a grassroots movement that was behind Mr. Davila. We are proud to say that we are part of this movement. This grassroots movement of diverse groups of people - from staff and students who identify as Palestinian, to Jewish parent groups, to non-Palestinian TDSB staff, students and parents who see themselves as allies - remains intact and ready to continue to advocate for the voices of Palestinian students and staff within the TDSB and bring to light the harsh reality of the “Palestine exception” to anti-oppression/ antiracist, decolonizing education. Indeed, this grassroots movement is committed to ensure the TDSB affirms and values Palestinian identity and history as much as other identities.
The reinstatement of educator Mr. Davila affirmed that the spirit of antiracist and anti-oppression education remains a priority for the TDSB. We would like to acknowledge that the TDSB is on the right side of history regarding this outcome. As those among many educators, parents, students and wider community members who were deeply concerned by an investigation into his human rights education work, we were elated to see Mr. Davila cleared of wrongdoing but have concerns and questions about how a rightwing discredited columnist, and individuals within the TDSB who perpetuate the "Palestinian exception," were able to influence the board and detract from its own stated commitment to equity and anti oppression. The two month removal of Mr. Davila from his role on the strength of baseless allegations and powerful censorship demands an examination of TDSB protocols and values.
So does ongoing, troubling communications--in a July 20, 2021 opt-in email bulletin to staff sent by TDSB spokesperson Ryan Bird titled “In the News”, under the heading “Topic: Staff Member Sharing Unapproved Resources”, links to four articles were shared: one from the Toronto Star headlined: “TDSB reinstates student equity adviser who shared resources on Palestinian human rights” and three from right-wing, pro-Israeli publications:
Jewish News Syndicate:
The Jewish Voice:
and Arutz Sheva:
https://www.israelnationalnews.com/News/News.aspx/310173
Each of the headlines linked to these last three sources describes resources shared by Mr. Davila as having been about “Palestinian terror” or “Jew-hatred”. Does the TDSB agree with these organizations’ perspectives on its decision to reinstate Mr. Davila? Is this why a TDSB communications staff is sharing these links? It is naïve to assume that they were being shared merely as “In the News”; this is carefully curated, purposefully disseminated and numerically imbalanced sharing of news reports regarding Mr. Davila’s reinstatement.
Were these articles and their pro-Israeli and Zionist perspectives sanctioned by the Board? Bird was also quoted in a July 19 Toronto Star article by Shree Paradkar about Mr. Davila’s reinstatement, as saying that the board is working to develop resources with “regard to antisemitism, Islamophobia and anti-Israel and anti-Palestinian sentiments”. Does this use of “anti-Israel sentiments” conflate criticism of a state with antisemitism? In a letter to this board from 80 of its own educators, the term “anti Israeli racism” was contested as unprecedented and highly problematic when it comes to anti-racist, human rights education which must be critical of states committing human rights violations (as documented and determined by the United Nations and many respected human rights organizations). Yet Board representatives are freely and publicly using the term ‘anti-Israeli’ in the same sentence as antisemitism. Why?
The future of human rights education that strives to include Palestinian voices and their lived realities remains at risk if the use of the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism is more widely adopted by the TDSB. This definition has been criticized and rejected for the examples IHRA used to illustrate its meaning--the majority of these examples name Israel, rather than Jewish people. Scholars and human rights organizations view this definition as a clear mechanism to protect the state of Israel from critique and suppress advocacy for Palestinian human rights. When it comes to Palestinian human rights, the issue of censorship looms large. A June 2021 seminar for Canadian educators was called #SayPalestine because often the very word is avoided due to fear of being labelled antisemitic. Is there any clearer proof of Palestinian erasure?
Yet the TDSB includes this definition in its Equity Policy - P037. Perhaps it was this vague, widely contested definition that allowed a well-respected educator to be publicly pilloried and prevented from working after he dared to share materials that advocated for Palestinian human rights. When this definition was adopted by the TDSB, what consultations took place? Which Jewish organizations were included and which were excluded? Was the fact that criticism of a modern nation state should not equate to hate of a group of people considered? Was anti-Palestinian racism considered?
When the Islamic Heritage Month Guidebook was printed in 2017, it was B’nai Brith (https://www.bnaibrith.ca/tags/islamic_heritage_month_resource_guidebook/) that objected to a definition of Islamophobia that included discrimination against Muslim politics. This prompted the TDSB to discard that version of the guide, and instead, include a definition of Islamophobia with no reference to any political issues--to avoid any suggestion that Islamophobia could mean criticism of Muslim states. Why is there a different stance when it comes to Israel?
In fact, the Friends of Simon Wiesenthal Center explicitly equates any critique of Israel with antisemitism because it uses the IHRA definition. They label the terms settler colonialism, apartheid and ethnic cleansing (all terms used by respected human rights organizations and the UN to describe actions and policies of Israel) as antisemitic. Obviously, the IHRA definition is used to shut down political critique and suppress Palestinian human rights education, yet the TDSB has a formal relationship with this organization, turning to them to provide human rights and antisemitism education. This is shocking.
This year, the group Jewish Faculty in Canada Against the Adoption of the IHRA Working Definition of Antisemitism formed to speak out against the adoption of this definition on university campuses: “The IHRA working definition distracts from experiences of anti-Jewish racism, and threatens to silence legitimate criticism of Israel’s grave violations of international law and denial of Palestinian human and political rights.” Over 150 academics from across Canada signed this statement, noting: “On campuses where this definition has been adopted it has been used to intimidate and silence the work of unions, student groups, academic departments and faculty associations that are committed to freedom, equality and justice for Palestinians.” In addition, twenty nine faculty associations and unions across Canada have so far passed motions that oppose the adoption of the IHRA definition in their universities. Under the IHRA definition, Palestinians and/or allies who criticize the state of Israel may be guilty of bigotry against Jews. If the TDSB continues to reinforce the IHRA definition of antisemitism, will it be used to continue to censor educators, punish students and ignore parents--as seen in the in over 70 powerful testimonies about anti-Palestinian hate and Islamophobia complaint testimonies submitted to the TDSB on June 14th, 2021.
Independent Jewish Voices (IJV) documents incidents where the IHRA definition has been used to censor free speech. IJV reports that Ryerson University’s Center for Free Expression held a debate about the IHRA definition in June 2020, after which B’nai Brith started a petition accusing debate speaker and human rights lawyer, professor Faisal Bhabha, of antisemitism. If this is the outcome of mere debate of this term, what happens when one works for an organization that has adopted this term--is it still possible to support and advocate for Palestinian voices? What happens when students who identify as Palestinian speak about their lived realities? It must be noted that B’nai Brith was also very active in the calls for Mr. Davila’s discipline and termination.
According to The Nexus Document from the website, Understanding antisemitism at its Nexus with Israel and Zionism, Zionism has varied meanings to Jewish people and the word should be used in specific ways. The advisory committee for the Nexus Document is an impressive list of Jewish academics, scholars, rabbis, the coordinator of Canada’s National Task Force on Holocaust Education, Remembrance, and the liaison to the Jewish community for the Obama White House; the Nexus Document states: “The definition of antisemitism, and the examples that follow it, derive from a White Paper drafted by the Nexus Task Force, which examines the issues at the nexus of antisemitism and Israel in American politics…The definition is designed as a guide for policymakers and community leaders as they grapple with the complexities at the intersection of Israel and antisemitism.” The definition is as follows, “Antisemitism consists of anti-Jewish beliefs, attitudes, actions or systemic conditions. It includes negative beliefs and feelings about Jews, hostile behaviour directed against Jews (because they are Jews), and conditions that discriminate against Jews and significantly impede their ability to participate as equals in political, religious, cultural, economic, or social life. As an embodiment of collective Jewish organization and action, Israel can be a target of Antisemitism and antisemitic behaviour. Thus, it is important for Jews and their allies to understand what is and what is not antisemitic in relation to Israel.” (https://israelandantisemitism.com/the-nexus-document/). This definition was included in the first resource that Mr. Davila sent in the May 16, 2021 mailout and then in the last resource sent in the May 19, 2021 mailout. This definition and the examples that follow it are balanced and nuanced and we encourage the TDSB to use it rather than the controversial definition provided by IHRA.
We, a diverse group of people who are TDSB educators, students, parents and community members committed to #SayPalestine and exposing the “Palestine exception” to human rights, anti-oppression, anti racist education, call on the TDSB to recognize and carry out the aforementioned 7 calls to action.
Given the current climate and history of past reprisal against TDSB staff who have spoken up for Palestinian human rights, many signatories have opted to share only their initials and their employment position. This letter was written by TDSB staff and shared carefully; for this reason 306 people have signed but we believe we speak for many more.
We hope our voices are listened to. We will continue to advocate and amplify #SayPalestine. We look forward to a timely response to this letter.
Sincerely,
306 Educator, Parent, Student & Community Member Signatures
as of August 21, 2021
