Judge rejects injunction request for removal of McGill encampment protest
A Quebec Superior Court judge has rejected a provisional injunction request that would have forced protesters at the pro-Palestinian encampment on McGill University’s downtown campus to leave.
Protesters have been on campus since Saturday afternoon, saying they are determined to stay put until the university divests from companies with business interests in Israel.
Two McGill students, Raihaana Adira and Gabriel Medvedovsky, filed the request on Tuesday to have a judge forbid protests within 100 metres of McGill’s buildings.
The request named five pro-Palestinian groups: Solidarity for Palestinian Human Rights McGill, Solidarity for Palestinian Human Rights Concordia, Montréal4Palestine, Palestinian Youth Movement Montréal and Alliance4Palestine.QC
None of the allegations have been proven in court.
In Wednesday’s ruling, Justice Chantal Masse wrote the plaintiffs failed to show that the protests were causing irreparable harm, nor was there any indication at this point that the protesters intended to block access to exams or McGill’s buildings.
The judge also says the injunction request was too broad and restrictive, since it would have limited the right to protest in front of 154 McGill buildings.
“The court is of the opinion that the balance of inconveniences leans more toward the protesters, whose freedom of expression and to gather peacefully would be affected significantly,” the ruling reads.
The ruling raises questions about what comes next, five days into the encampment and as negotiations between protesters and the university appear at an impasse. The protest at McGill is one of dozens at universities across North America. On Tuesday night, NYPD officers stormed a Columbia University building that had been occupied by protesters, making dozens of arrests.
The Service de police de la Ville de Montréal (SPVM) has said on several occasions since last Saturday that the protests have been peaceful.
The police service wrote on X, formerly known as Twitter, that it would analyze the ruling as it determines next steps, “prioritizing a peaceful conclusion.”
‘On the right side of history’
The ruling appears to have given a feeling of relief to protesters who gathered on Wednesday.
Rima Khreizat is a former UQAM student who has been visiting the encampment daily. She said it was important for her to participate because her family members in southern Lebanon have been displaced by Israeli bombardments in recent months.
She described the ruling as “great news.”
“I think it shows we’re on the right side of history and that fights for equality and justice always prevail,” she told CBC News while at the protest site.
Sasha Robson, a McGill student and member of Independent Jewish Voices who is part of the encampment, said “it proves the conflation between anti-Zionism and antisemitism has to stop and I think that’s being affirmed by the court. This is a non-violent protest.”
On Wednesday, the group of protesters appeared to grow in size. Some students stood in a circle chanting “free, free Palestine” and “disclose, divest, we will not rest.”
Pro-Palestinian protesters at McGill University say their right to maintain a five-day-old encampment has been affirmed by a Quebec Superior Court decision to reject a provisional injunction request that would have forced them to leave.
Yara Fadel chanted with other protesters nearby. She said she wanted to show her support after seeing images of New York City riot police conduct a violent crackdown on the Columbia encampment.
“I was so mad and I was so scared for them,” she said, referring to the McGill students, worrying Montreal police could do something similar if the injunction request was approved.
Judge urges to use words carefully
Despite setting aside the plaintiffs’ injunction request, the judge did point out that allegations related to what plaintiffs described as a hostile environment were the most serious allegations raised in the court filing, “given its link to antisemitic remarks and calls to violence.”
The judge wrote it was important for protesters to choose their words carefully “without renouncing their anti-war message,” while admitting that her message could be seem “very naive.”
“To exercise your freedom of expression while showing more respect toward others and their perceptions, whether founded or unfounded, while maintaining your message, is not forbidden,” the ruling reads.
Neil Oberman, who represents the plaintiffs, describes this part of the ruling as a “major victory.”
“You must watch your words,” Oberman said. “Free speech is not an opportunity for hate speech.”
He stressed that McGill has obligations to its students. Knowing that his clients and others have said they felt intimidated on campus, Oberman says he expects McGill “not to sit on the fence like Switzerland and eat chocolate.”
McGill has raised concerns about behaviour it describes as antisemitic. On Tuesday, the university shared a video with CBC News that shows protesters chanting “all the Zionists are racist, all the Zionists are the terrorists,” as well as “go back to Europe.”
CBC News has not independently verified the video’s source, nor if the people in the video are part of the encampment. The video is one of 27 included in the injunction request on behalf of the two McGill students.
WARNING: This video contains distressing content. McGill University provided a version of this video to CBC News that was shared on social media on Sunday. The provided video — which contains the text ’20 Jihadists against one Jewish Israeli student being told to go back to Europe’ — is being investigated by the university, which called the behaviour in it ‘unequivocally antisemitic.’ CBC has not verified the video’s authenticity.
McGill makes offer to student protesters
On Wednesday afternoon, university president Deep Saini reiterated the message that the encampment was unacceptable.
“Everyone has a right to protest and express their views in an appropriate manner and place,” Saini wrote in a statement. “However, no one, let alone individuals from outside McGill, has the right to set up an encampment on the university’s property.”
Saini shared an offer that had been made to the protesting students: If they leave, the university would hold a forum for McGill community members to discuss the demands.
“Our discussions today will be only with McGill community members. To those not affiliated with McGill, let me reiterate that you must leave McGill property immediately.”
- CBC Radio’s Just Asking wants to know: What questions do you have about the rights of protesters and the limits of peaceful protest? Fill out the details on this form and send us your questions ahead of our show on May 4.
