Court Orders Anti-Israel Protesters to Dismantle UofT Camp

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The University of Toronto has suffered irreparable damage after anti-Israel protesters attacked part of its downtown campus, an Ontario judge said Tuesday, ordering the demonstrators to dismantle their encampment.

The order, issued late Tuesday afternoon, requires protesters to dismantle their tents and structures by 6 p.m. Wednesday and prohibits them from obstructing access to the university grounds, erecting new tents or structures or using the grounds without permission between 11 p.m. and 7 a.m.

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The act also gives the police the power to arrest and expel anyone who knows about the order and violates it.

“Today’s decision sets a powerful precedent,” said Richard Robertson, director of research and advocacy for B’nai Brith Canada. “There is no justification for the behavior of the campers, whose actions went far beyond what is permitted as free speech and lawful protest, and included anti-Semitic chants and slogans, and calls for violence.”

In his ruling, Ontario Superior Court Justice Markus Koehnen said that while there was no evidence the campers were violent or anti-Semitic, the demonstration deprived the university of its ability to control what happened on the grounds known as King’s College Circle.

As the judge wrote, the case law clearly indicates that this is irreparable damage.

“In our society, we have established that the property owner generally decides what happens on the property,” Koehnen said.

“If protesters can seize that power for themselves by taking over the front campus, there’s nothing to stop a more powerful group from coming in and taking over the space from the current protesters. That leads to chaos.”

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Protesters have controlled access to the area in a way that excludes those who disagree, as well as those who “simply want to use the front campus as an attractive recreational space,” he added.

The judge said the harm to the university if the encampment remains would be greater than the harm to protesters if it is demolished, noting that protesters would still be able to demonstrate in ways that do not involve camping or staying overnight.

A university spokesperson said the decision “will return King’s College Circle to the use of all members of the U of T community.”

“We trust that those in the camp will comply with the court order and leave the camp by the court’s deadline. Anyone who chooses to remain in the camp after that deadline will be subject to consequences in accordance with university policy and the law,” the school said in a statement.

B’nai Brith was granted intervenor status in the case, as were Hillel Ontario, UJA Federation of Greater Toronto, Friends of the Simon Wiesenthal Center, the Centre for Israel and Jewish Affairs and other Jewish organizations.

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Jewish students and faculty at the University of Toronto said they felt harassed and intimidated by the campers. One protester was filmed shouting “Heil Hitler,” while others chanted anti-Israel slogans such as “There is only one solution: revolution, intifada!”

“We are pleased that an Ontario court has issued an injunction that removes any doubt that the University of Toronto can legally — and finally — remove a hateful and destructive camp from its campus,” said Rabbi Seth Goren, CEO of Hillel Ontario.

“Anti-Semitism is thousands of years old, and we know that one injunction will not erase this bigotry from campus or the world. As such, we continue to call on the U of T administration, Mayor Olivia Chow, and other civic leaders to make clear through their actions that this type of behavior will not be tolerated and that anti-Semitism has no place on campus.”

The protesters set up camp on May 2 and had previously said they would remain until the school agreed to their demands, which include disclosing and divesting from companies that profit from Israel’s offensive in Gaza.

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The group would not clarify Tuesday whether it intends to comply with the court’s order, saying it would discuss the matter before Wednesday’s deadline.

“I can tell you that students will continue to fight for divestment until Palestine is free, until U of T ends its complicity in this genocide,” said Erin Mackey, a spokeswoman for the camp.

“This will last long after whatever happens next at this camp.”

The court ruling said the university had implemented procedures for reviewing asset sale requests and offered protesters an expedited process.

“It is time for protesters to peacefully dismantle their camp and focus their energies on building support within the group that will study divestment, as well as within the broader university community, to convince both groups that divestment is a worthy goal,” the judge wrote.

“Persuasion will not be achieved through occupation, but through reasoned discussion.”

Late last month, the university filed a motion seeking an injunction after protesters ignored a notice to remove the obstruction and a deadline to vacate the premises.

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The university asked the court to authorize the police to take action to remove protesters who refuse to take part in the demonstrations, as well as to prohibit protesters from blocking access to university grounds or erecting fences, tents or other structures on campus.

The university initially sought the emergency order because the camp is located near Convocation Hall, where graduation ceremonies were to be held over several weeks this month.

The court heard the motion over two days last month, after most of the ceremonies had concluded. There were no major disruptions.

“This decision is one that so many Canadians have been waiting for,” Robertson said. “We urge universities across the country to use all available resources to end the encampments that plague their campuses and ensure the well-being of all staff and students.”

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