Judge Denies McGill’s Request for Injunction to Remove Pro-Palestinian Encampment
A Quebec court has rejected McGill University’s request for an injunction to remove the pro-Palestinian encampment that has been occupying its downtown Montreal campus for almost a month.
Quebec Superior Court Justice Marc St-Pierre ruled this week that the school did not demonstrate the urgency necessary to justify such an order. He advised McGill to revise its request and submit it to the court by May 25.
During the court proceedings, McGill’s lawyer Jacques Darche argued that the encampment, set up since April 27, poses health and safety risks and is hindering the university from hosting convocation ceremonies on its premises.
Darche described the protesters as “occupiers” living in a fortified and barricaded mini-village, preventing McGill from ensuring campus safety as its representatives are barred from entering. The university sought authorization for Montreal police to assist in removing the encampment situated on McGill’s lower field.
However, Justice St-Pierre dismissed this argument, stating in his May 15 decision that the request lacked urgency.
The judge noted that no serious claims or violent incidents had occurred since the establishment of the encampment on the campus, including a peaceful resolution to a confrontation with counter-demonstrators on May 2.
He questioned the necessity of an injunction for spring convocation preparations since the university had wisely relocated the event.
Additionally, the ruling highlighted the clash of rights between protesters’ freedom of expression and the university’s property rights, emphasizing the need for a thorough analysis to determine the extent of “peaceful occupation” under freedom of expression rights.
Reactions
McGill expressed disappointment in the ruling, citing concerns about rising tensions and health and safety issues. The university had exhausted operational protocols and sought a provisional injunction to affirm its property rights and address the urgency of the matter.
The school referenced a previous judgment deeming the encampment illegal, while rejecting a separate injunction plea from two students who felt unsafe due to the encampment’s presence.
Human rights organization B’nai Brith Canada expressed disappointment in the ruling, cautioning against potential implications for unauthorized encampments.
B’nai Brith Canada stated that encampments on campuses pose threats to the welfare of university communities in Canada, depicting them as sources of intimidation and incitement contrary to Canadian values and vowing to safeguard students and regain control of campuses.
The McGill encampment aligns with protests on various Canadian and U.S. campuses in response to the Israel-Hamas conflict. Protesters demand divestment from companies linked to Israel’s occupation of Palestinian territories and severing ties with Israeli institutions.
The Canadian Press contributed to this report.
