Pro-Palestine demonstrators rally at the University of Toronto on May 27, after the university said it is seeking a court injunction to clear the weeks-long protest.Sammy Kogan/The Globe and Mail
The University of Toronto intends to argue in a looming court battle with student demonstrators that a pro-Palestinian encampment must be dismantled to protect the free-expression rights of the broader university community.
The university filed a notice of motion with the Ontario Superior Court Monday seeking an order to remove the encampment and to authorize police to arrest protesters. The notice argues that protesters have restricted access to King’s College Circle and have thus limited freedom of expression and freedom of association on campus.
The court documents were filed on the same day that several university presidents appeared before the House of Commons justice committee, including University of Toronto president Meric Gertler, who said there was a “growing presence” of antisemitism on campus.
The encampment is one of dozens across Canada and the United States, a movement that has captured public attention and led to conflict and police action in some cases.
The University of Toronto alleges that the encampment has denied entry to some people and thereby prevented them from using part of campus based on their beliefs. That runs contrary to a core principle of inclusion, the university argues. It also says the encampment, and a temporary fence that the university itself put in place to prevent an encampment from occurring, limit the free expression of those who hold views that differ from those involved in the protest.
The notice of motion names at least 10 respondents, including several who have been identified publicly as students and protest organizers.
Students at the encampment, which has been in place since May 2, have called for the university to disclose its investments, divest from companies connected to the Israeli military and cut ties with academic institutions that operate in the occupied territories.
On Monday, Dr. Gertler told the House of Commons committee that “antisemitism has been a growing presence recently in our university.”
He said some chants heard on campus appeared to be antisemitic and the university had reported certain incidents to the Toronto Police Service. He said the university had taken steps to ensure Jewish people feel safe.
Conservative deputy leader Melissa Lantsman asked Dr. Gertler why a few hundred people in the encampment appeared to be holding a university of nearly 100,000 students “hostage” and forcing it to negotiate. She also asked whether the university had taken action to ensure a red triangle symbol at the encampment that she said “glorified terrorism by Hamas” is taken down.
“We have asked the student organizers of the encampment to remove signage and language which is offensive, and they have complied on occasion – not in every instance. In other instances, we have reported hateful acts and hateful speech to Toronto Police Service,” he said. “Something like 38 incidents have been reported as at the end of last week, a half a dozen of which we believe may qualify as hate speech or hateful acts.”
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Ms. Lantsman asked whether any students involved in the encampment had been suspended or thrown out of the university. Dr. Gertler said there had not been any student suspensions related to the encampment. He said the “processes are under way.”
The University of Toronto posted a notice of trespass last week that said students who remained in the encampment by 8 a.m. Monday could be subject to discipline, including suspension or a recommendation of expulsion. It also said faculty, librarians and staff present may be subject to measures up to and including termination.
Students and their allies defied the notice Monday and held a large rally announcing their intention to stay. Hundreds gathered in front of the Simcoe Hall administration building to call on the university to listen to student demands.
In a note to campus shortly after the 8 a.m. deadline, Dr. Gertler said that in addition to pursuing the case in the courts, the university will continue to negotiate with student representatives.
The two sides had a “long and productive” discussion Sunday and they planned to meet again Monday afternoon, Dr. Gertler said. Encampments at other Canadian universities have come down in recent days after discussions between students and administration.
“We remain hopeful that we can reach an agreement and bring the unauthorized encampment to an end,” Dr. Gertler said.
Ontario Minister of Colleges and Universities Jill Dunlop said Monday that she supports ending the encampments and has spoken to university presidents about it.
“We would like to see this cleaned up as quickly as possible,” Ms. Dunlop said. “Free speech is important but schools were clear from the beginning that encampments are considered trespassing and they would be dealt with accordingly.”
The University of Toronto faculty association reacted with surprise and concern to the notice of trespass, which contains what it described as a threat of mass termination. A few dozen people in purple vests marked “faculty” attended the Simcoe Hall rally Monday. One held a sign saying “Hands off our students.” Another sign said “You can’t fire us all.”
Sara Rasikh, a graduate student, said the university claims to want to negotiate, but is pursuing trespass notices and court injunctions against its students. The students have declined to accept the university’s offer to expedite a study of divestment and disclosure options.
“U of T continues to propose committees but we want commitments,” Ms. Rasikh told the crowd. “We want divestment. We want disclosure. And we want it now.”