What are the powers of McMaster campus security?
Organizer feels security targeted him because of his group’s anti-capitalist message
The way in which McMaster University campus security wields its power is being criticized by student and community activists who say they’ve been unfairly targeted and carded.
In one case, campus security officers “trespassed” a man for refusing to show identification.
In another, a student protester was twice asked to show identification and escorted from the building where she studies.
In Ontario, police cannot demand someone identify themselves unless being investigated for a criminal offence or in a traffic stop.
But McMaster spokesperson Gord Arbeau contends that the university, which is both private property and a public space, works hard to find balance between being a safe and inclusive space.
“The university is a place where we can have civil discourse ... we welcome people of all points of view,” he said.
Maximiliano Guerrero is a community organizer with the local branch of a socialist group who says he was twice kicked off campus and feels security targeted him because of the group’s anti-capitalist message.
“McMaster’s actions are an attack on democratic rights,” he said. “Security targeted an event held by a socialist student group with the explicit goal of removing someone from campus. The effect is clear. They are denying freedom of association.”
It is “a fairly rare occurrence” for campus security to ‘trespass’ someone, Arbeau said. He estimated it happens maybe a handful times each year.
Campus security are sworn peace officers — special constables — led by former Hamilton police chief Glenn De Caire. They have the power to arrest, but would call police if there has been a crime.
The power to kick someone off campus flows from the Trespass to Property Act of Ontario, which gives private property owners the right to “trespass” anyone who engages in conduct that violates campus policies, Arbeau said.
“Those who are in contravention of the act must properly identify themselves should they wish to have the trespass notice lifted,” he said. Examples of reasons to be trespassed include “repeated failure to follow traffic rules ... consistently loitering without affiliation ... or a repeated violation of policy bylaw.”
But this is not what happened with Guerrero.
He is not a student, but there are students involved in the organization and during the two cases where he was escorted off campus he was invited by a student.
“This is not a case of random activities being disruptive to campus activities and policies,” said his lawyer, Genevieve Eliany. “The university has not explained what policies have been violated and I don’t see what those could be.”
She believes requiring identification is not legally justified, but rather an “internal policy.”
In September, Guerrero was among Socialist Fightback Hamilton organizers asked to leave campus.
They had booked a room for a talk on Marxism, but were met by security and denied access. At the time they were not a registered university club — they are now — and the university said there was confusion over the room booking.
A post on Reddit from someone claiming to be Proud Boys — the far-right men’s organization — said they were coming to the library room at the same time. When Guerrero refused to show identification he was “trespassed.”
He returned to campus in November for another event when he was approached by security and asked to go back to the security office, where he was again escorted off campus.
Arbeau called the first incident a “misunderstanding” over the room booking and the second interaction an “oversight” as campus security had yet to be informed of Fightback Hamilton’s new status as a university club.
Now Guerrero has been invited back to campus to “make sure everyone is one the same page” and “make sure he understands he’s welcome back on campus,” Arbeau said.
But Guerrero has hesitated to go back — he was invited for a meeting on Dec. 11, but without an explanation for what would happen he didn’t go. He hired his lawyer that day to find out. Eliany said she has heard back from security and they will be setting up a meeting, likely later in January.
She believes the university is now “backtracking” its position, by calling the interactions a misunderstanding and oversight.
Guerrero also said he believes the university is downplaying what to him was not a mistake, but a repeated targeting.
“The university is not taking the situation seriously by claiming that this is a mere oversight,” Guerrero said. “A university campus is a place where the democratic right to organize and assemble must be respected.”
Arbeau said there is no set expiration date when someone is trespassed from campus, but that, in some cases — like Guerrero — the university would reach out to have a meeting to revoke the order.
Halima Hatimy, a McMaster public health student and outspoken medical marijuana and community activist, said she has twice had security attempt to card her during protests, but she refused. She claims she was also escorted from the building where she studies during one protest.
Hatimy has filed a human rights complaint against the university for being stopped from participating in a class trip to Ghana over concern about carrying marijuana in that country. She’s also complained about the upcoming smoking ban that will prohibit any kind of smoking anywhere on campus.
“It’s becoming increasingly more difficult to be political at McMaster,” she said.
“McMaster has one of the largest number of student clubs ... representing a wide range of activities and beliefs and events,” Arbeau said. “The principle of the university is civil discourse and debate.”