03/31/2026
On Thursday, March 26, a respected Federal Court of Appeal judge concluded that the CRA “has not fully complied” with an earlier court order to turn over key documents related to JNF Canada’s case.
Justice David W. Stratas issued a strongly worded decision, stating "this administrative appeal now has the flavour, if not the reality, of a slow-moving, complex action for abuse of process, bad faith decision-making, and abuse of public office."
As such, Justice Stratas ordered the CRA to conduct a search of multiple offices to produce any documents relevant to JNF’s case, and its allegation that the Minister was biased against the Jewish charity in it's charitable status revocation in 2024.
They have four weeks to comply with this order, or they may face the types of sanctions presaged by Justice Stratas, including "civil and criminal liability."
He furthered stated that failure to comply with search and production orders "can keep maladministration hidden and unexposed, immunizing administrative decision-makers from meaningful review and accountability.” The 20-page FCA decision went on to provide "guidance" to prevent what, according to Justice Stratas, "happen[s] all too often in judicial reviews and administrative appeals."
JNF Canada hails this appeal decision, as it represents an important step forward in our appeal, in holding the CRA and the Charities Directorate accountable to the fairness and transparency required of public officials.
The CRA revoked our charitable status before our legal right to an appeal at the Federal Court of Appeal after having explicitly confirmed that we would have the opportunity to be heard in court prior to the publishing of our revocation.
Since then, the CRA have still not provided the full disclosure, despite being ordered to do so, which we view as an abuse of process which will now be rectified by Justice Stratas’ decision. Our main appeal, in which we will argue there is a reasonable apprehension of bias and lack of due process has not yet been heard by the court. There is no date set for the hearing.
