Montreal
A Quebec Superior Court judge has ruled against an injunction request that would have forced protesters at the pro-Palestinian encampment site in front of McGill University to leave and banned other protests near university buildings.
Ruling proves that ‘fights for equality and justice always prevail,’ protester says
A man reads a sign of demands posted outside a pro-Palestinian encampment set up on McGill University’s campus in Montreal on Tuesday. (Christinne Muschi/The Canadian Press)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 filed the request on Tuesday to have a judge forbid protests within 100 metres of McGill’s buildings. The court filing named five pro-Palestinian groups.
The plaintiffs allege that the groups have “created an environment of hate on campus,” which they say has made them uncomfortable to attend classes and exams. They also allege they have faced harassment and intimidation from the defendants.
None of the allegations have been proven in court.
A protester leaps over muddy ground inside the site of the protest on McGill University’s downtown campus on Wednesday. (Ivanoh Demers/Radio-Canada)In Wednesday’s ruling, Justice Chantal Massé 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 said 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.
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. The judge pointed out that the plaintiffs have not themselves dealt with harassment, violent acts or threats. She also wrote that she only needed to consider the interests of the plaintiffs — not the public’s.
“Even if the plaintiffs were deemed to be acting in the public interest, something the court does not have to consider, the evidence presented by the plaintiffs are insufficient,” the judge wrote.
Prior to Wednesday’s court ruling, protesters, seen here gathering for a fifth consecutive day, had said they would not move even if a court ruling forbid their gathering. (Verity Stevenson/CBC)The ruling raises questions about what comes next, five days into the encampment. 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.
Pro-Palestinian activists bring in supplies at their encampment on the McGill University campus Tuesday, April 30, 2024 in Montreal. (Ryan Remiorz/The Canadian Press)In an interview with Radio-Canada on Wednesday, prior to the judge releasing her ruling, McGill vice-provost Fabrice Labeau reiterated the university’s position that the encampment is untenable. He pointed to its size, reports the university says it has received about antisemitic behaviour and the protesters’ unwillingness to agree on a timeline to disperse.
‘On the right side of history’The judge’s ruling appears to have given a feeling of relief to protesters who gathered on Wednesday.
Rima Khreizat, a former UQAM student who has been visiting the encampment daily, 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.”
WATCH | How protesters were gearing up for ruling on injunction:
Spirits high at McGill encampment as protesters await court decisionOn the 5th day of the pro-Palestinian encampment at McGill, protesters say they have no intention of leaving, while denying claims they have created a hostile environment on campus.
ABOUT THE AUTHOR
Antoni Nerestant has been with CBC Montreal since 2015. He’s worked as a video journalist, a sports reporter and a web writer, covering everything from Quebec provincial politics to the 2022 Beijing Olympics.
With files from Erika Morris, Matthew Lapierre, Rowan Kennedy and The Associated Press
