The injunction sought by U of T is “grossly disproportionate,” the camp’s lawyers say

TORONTO — The injunction sought by the University of Toronto to clean up a pro-Palestinian protest camp would effectively prevent the group from engaging in other forms of protest on or near campus, lawyers for the protesters argued Thursday.

The university went to court late last month after protesters ignored its May 2 deadline to dismantle the camp set up in the area known as King’s College Circle.

The school has said it wants to allow other forms of peaceful protest to continue, but lawyers for the camp suggested Thursday that it is not reflected in the order the university is seeking.

The order proposed by the university’s attorneys would prevent protesters from directly or indirectly obstructing or restricting access to any university property and allow protests on public property that do not obstruct access to university property or “any abutting roadways.”

“They would capture any protests of any kind simply by marching along College Street near campus,” argued attorney Jackie Esmonde.

The university also initially tried to seek written permission for campus protests, but later said it would amend that part of the proposed order to allow protests that follow the school’s policies on meeting disruptions and temporary use of space, she said.

But the amendment wouldn’t change much because the policy on using the space also requires prior approval, meaning demonstrators would still need permission from the institution they’re protesting, Esmonde said.

“This is a hugely disproportionate response and demonstrates that the university’s motivation is not just to shut down the protest camp, but to shut down the protest altogether,” she argued.

“An inconvenience to the university and the discomfort of those who disagree do not outweigh the vital rights of free speech and peaceful assembly. Indeed, the purpose of the university is to foster difficult and challenging conversations.”

Lawyers for the university said the proposed order is not meant to prevent all protests, nor would it require people to reserve a space to hold a temporary march or rally.

On Wednesday, the university claimed that protesters had taken control of private property and were restricting community access to it.

They said many in the community reported feeling unsafe or unwelcome on campus as a result of the protest and that the encampment had caused irreparable harm.

On Thursday, Esmonde argued that the university is “closer in character to a public park” than private property, and people don’t normally need permission to use it.

Trespass laws are primarily intended to protect a landowner’s right to privacy in their home, not to suppress otherwise lawful activity in a place accessible to the public, she argued.

She added that the location and form of the demonstration were “vital to its message and effectiveness.”

The campus is big and the camp only covers a small part of it, she said. Alternative arrangements have been made in the past when the area was not accessible, including for the three years it was under construction, she said.

The school’s claims of irreparable harm are based on mischaracterizations of the camp as violent and anti-Semitic, a framing that perpetuates anti-Palestinian rhetoric and Islamophobia, she told the court.

While there is no doubt that the university has received complaints about the use of certain protest slogans and symbols, those complaints are false and inflammatory misrepresentations, and it is the university’s duty to counter such messages rather than amplify them through this injunction application. , Esmonde argued.

There were some disturbing incidents, but the evidence about them is being heard that the protesters have no way of challenging, the lawyer said. The perpetrators have not been identified and the university has not been able to prove any connection to the camp or its participants, she added.

The school is asking the court to authorize police action to remove protesters who refuse to leave and prohibit protesters from blocking access to university property or erecting fences, tents or other structures on campus.

Camp representatives said they would not leave until the school agreed to their demands, which include disclosure and divestment from investments in companies profiting from Israel’s offensive in Gaza.

Both sides met to try to negotiate an out-of-court settlement. The protesters said their latest offer was rejected on Tuesday, while the university said on Wednesday it had yet to receive a response to its counteroffer.

This report by The Canadian Press was first published on June 20, 2024.

Paola Loriggio, Canadian Press