Libel suit against Bernie Farber and the Canadian Jewish Congress

Ah, the infamous Bernie Farber and his Brown Shirts
at the Canadian Jewish Congress are in the news again.
As usual Bernie Farber is trying to trample any exposure of
the Israel-lobby in Canada by silencing those voices
independent enough to document the Israeli lobby's
activities. At a York University event Professor David
Noble distributed a list of names of directors of the York
University Foundation and their links to pro-Israel
organizations. Is this an unreasonable act in a publicly
funded academic institution mandated to serve the
needs of all its students and the academic community
without conflict of interest? Bernie Farber has
characterized this as an act of anti-Semitism.
Of course many of us know people of conscience
in Canada whose reputations and careers have been
ruined by the false accusation of anti-Semitism.
It is a powerful strategy and it has worked to silence many.
Professor David Noble however is fighting back.
He has launched the libel suit below.
Congratulations David.

Rather than hiding behind the misleading name
Canadian Jewish Congress it is time Farber and
the CJC re-named their organization to honestly reflect
their political agenda - Canadian Zionist Congress. Farber
and the CJC have learned well from their own historical
oppressors - Farber and the CJC's strategies of censoring
brave individuals such as Prof. Noble and of appearing at
educational forums to shut down the sharing of facts about
Israeli oppresion is reminiscent of the Nazi era. Farber and
the CJC do not deserve the cloak of respectability or
credibily they attempt to wear.

Susan Howard-Azzeh

IN THE MATTER OF A DEFAMATORY

PUBLICATION CONTRARY TO SECTION 5

OF THE LIBEL AND SLANDER ACT:

BETWEEN:

DAVID NOBLE

Plaintiff

- and -

BERNIE FARBER and
CANADIAN JEWISH CONGRESS

Defendants

NOTICE OF LIBEL

Pursuant to section 5 of the Libel and Slander Act, RSO
1990, the Plaintiff, David Noble, hereby complains of the
defamatory content of an article published by the Toronto
Star, entitled, “Memo Stirs Controversy at York U”
attached hereto as Appendix “A”, which continues to be
published on-line as an archived document linked to
the Toronto Star website, at the following
internet address or URL:

http://pqasb.pqarchiver.com/thestar/access/74063
2811.html?dids=740632811:740632811&FMT=F
T&FMTS=ABS:FT&type=current&date=Nov+21%2
C+2004&author=Prithi+Yelaja&pub=Toronto+S
tar&desc=Memo+stirs+controversy+at+York+U.&pf=1

The article was originally published in print form on
November 21, 2004 in the Toronto Star, thereafter it has
been available and has continued to be published on-line
each day until the date of this notice, i.e. January 29, 2008.
The instant notice relates to each internet publication and
republication of the attached article in the last six weeks.

The attached article is written by Prithi Yelaja and
published by the Toronto Star, which maintains an
active archived link to the article from the Toronto
Star web site. The article can be accessed on-line for
$3.95 Canadian plus applicable taxes. The article refers
to the Plaintiff Noble’s request for an apology pursuant
to what he refers to as “…scurrilous attacks”
[on his character and attempts to squelch his freedom
of speech]. The article describes Noble’s demand as
being in response to the Defendant Canadian Jewish
Congress (CJC) statement that Noble was spreading
“anti-Semitic” material on the York University campus.
In the face of Noble’s request for an apology, however,
the CJC and the Defendant Farber have to date failed
to retract or apologize for their condemnation of Noble.

In particular, the Defendant Farber reiterates in
the ongoing publication that Noble’s message is
anti-Semitic. Farber’s message through its
explicit content and context identifies Noble as
being anti-Semitic on the basis of Noble’s having
distributed a flyer that lists names of directors
of the York University Foundation and their links
to pro-Israel organizations. The Plaintiff complains
of and identifies the most concerning statements
within the article as follow in respect of the
Defendant Farber in his capacity as Executive
Director of the CJC:

The material, which appears to suggest that a small
cabal of Jews runs the foundation, is reminiscent of
classic Jewish conspiracy theories, Bernie Farber,
executive director of the congress, said yesterday.

The article also attributes the following statement
specifically to the Defendant Farber:

Not only is this absurd, it reeks of anti-Semitism…
It’s bizarre, and if this wasn’t coming from an
academic, one would laugh it off. The fact that
it’s coming from an academic should scare people.

The statements attributed to the Defendants Canadian
Jewish Congress and Farber are harmful to the
Plaintiff’s reputation in the nature of his trade
and calling. The Defendants’ comments falsely
describe the flyer distributed by the Plaintiff in
November 2004 as anti-Semitic, conspiratorial,
harmful, threatening and targeted against Jews
on the basis of their religion or ethnicity. Moreover,
in their context, the comments of the Defendants
suggest several false conclusions and reasonable
inferences may be drawn therefrom, which are
defamatory and harmful to the Plaintiff’s reputation
including the following:

1) That the Plaintiff intentionally seeks to
harm or wishes harm to come to Jews;

2) That the Plaintiff shares commonalities
with other groups or persons who have
historically persecuted Jewish people;

3) That the Plaintiff is not a serious academic;

4) That the Plaintiff is a person who lacks
integrity and decency;

5) That the Plaintiff is an irrational person
whose ideas should be rejected;

6) That the Plaintiff as an academic should
be feared because he is intent on attacking
Jews and that he may continue to do so through
his academic discipline;

7) That the Plaintiff indoctrinates or passes on
harmful, prejudicial and stereotypic ideas regarding Jews
to the students he teaches or within the academe more broadly;

8) That the Plaintiff’s views should not be
tolerated by the general public;

9) That the Plaintiff because he is publicly
condemned by the Canadian Jewish Congress is not
welcome in social and cultural milieus of Canadian Jews.

Contrary to the assertions of the Defendants and the
inferences that may be drawn from their public
statements contained in the article attached hereto,
the Plaintiff has stated since November 2004 and
it is a fact that the material complained of, i.e. his flyer,
does not single out any person on the basis of
ethnicity or religion.

The Plaintiff requests the Defendants named in the heading
of this notice to immediately apologize, correct and request
the Toronto Star to cease the continued on-line publication
of the attached article.

The named Defendants in the heading of this
notice are advised that the Plaintiff may initiate a
legal action against them in conformity with section 6
of the Libel and Slander Act for the publication of
defamatory comments identified herein and as
contained in the article attached hereto.

Dated: January 29, 2008

HAMEED FARROKHZAD & ST-PIERRE

Lawyers

43 Florence Street

Ottawa, ON

K2P 0W6

Per: Yavar Hameed

Tel. (613) 232-2688 ext. 228

Fax. (613) 232-2680

Solicitors for the Plaintiff,

David Noble

Document Text

A history professor is demanding an apology from a
leading Jewish rights group and York University for what he
calls "scurrilous attacks" on his character and attempts to
squelch his freedom of speech.

If no apology is forthcoming, David Noble said he'd
consider legal action against the Canadian Jewish
Congress and York.

The congress has denounced Noble for spreading
"anti-Semitic" material on campus.

Noble handed out a memo last week listing the
names of the directors of the York University Foundation,
the school's fundraising arm, and their links to
pro-Israel organizations.

The material, which appears to suggest that a small
cabal of Jews runs the foundation, is reminiscent of
classic Jewish-conspiracy theories, Bernie Farber,
executive director of the congress, said yesterday.

"Not only is this absurd, it reeks of anti-Semitism....
It's bizarre, and if this wasn't coming from an academic,
one would laugh it off. The fact that it's coming from an
academic should scare people."

Noble, who has taught at York for 15 years and is Jewish,
said those comments are worrisome and "
deeply offensive to me because my own family
has suffered from anti-Semitism."

"When you get these kinds of scurrilous attacks it trivializes
anti-Semitism. I guess they didn't do their homework
and find out I was Jewish."

There will be no apology, Farber said, arguing Noble
can't use that as "a cloak" for his actions.

Noble spontaneously distributed copies of a memo
he wrote called "The Tail that Wags the Dog
(Suggestions for Further Research)"
after a Thursday film screening by the student group
Solidarity for Palestinian Human Rights.

It claims the foundation "is biased by the presence
and influence of staunch pro-Israel lobbyists, activists
and fundraising agencies." Noble asserted yesterday
that the foundation is "de facto running York.
They clamp down on any criticism of Israel."

Pro-Arab and pro-Israel students separately agreed
to denounce Noble's actions.

Rabia Siddiqui of the Solidarity group said it was
inappropriate "for anyone to single anyone out
because of their race, in any circumstances."

"It is unacceptable for any student to be exposed
to this type of bigotry," Dori Borshiov, president of
the Jewish group Hillel at York, added in a statement.

A statement by university president Lorna Marsden said
"York strongly condemns this highly offensive material,"
which singles out people "on the basis of their ethnicity
and alleged political views."

Credit: Toronto Star

Khaled Mouammar

National President

Canadian Arab Federation

Cell: 416-879-6766

the time is always ripe to do right. Nelson Mandela