Court tries to sort out Mcgill camp legal battle
Graduation site moves off-campus as university seeks an injunction
A lawyer representing Mcgill University in its request for an injunction to put an end to the pro-palestinian encampment began the hearing Monday by asking that arguments focus entirely on the people who are actually on the protest site.
The court is attempting to sort out who can act as defendants or intervenors. Mcgill wants the court to order the dismantling of the encampment and authorize Montreal police to dismantle it, but the university has no idea who's in the camp or who's in charge of it.
While court was trying to sort that out, Mcgill on Monday said it expects to have to spend more than $700,000 to rent a site for its graduation ceremonies, scheduled to begin May 28. Usually the event takes place on part of the site where the protesters are camped.
The camp has grown to more than 115 tents since April 27.
Workers on Monday cleaned graffiti that urged escalation in response to the injunction request. At least one protester said they have no intention of leaving, even if an injunction is issued. Half a dozen protesters inside the encampment were seen practicing self-defence through the weekend.
When it was filed in court Friday, Mcgill listed the defendants as “John Doe and Jane Doe.” Lawyer Jacques Darche said many protesters have refused to give their names when interviewed. “There have only been a few names that have come out in the media.”
In its request for the injunction, Mcgill wrote: “It is the plaintiff's understanding that the encampment participants hold themselves out as a `flat' or `non-hierarchical' group and that no single person or group represents or speaks for them collectively, hence the present application being directed at John Doe and Jane Doe.”
Various groups asked to be listed as defendants or intervenors in the case Monday, including a group of law professors currently on strike.
The Association of Mcgill Professors of Law, which represents the 45 professors in the university's law faculty, said in a post on X/twitter that they supported the students' right to protest.
In an earlier request for an injunction, two students sought an end to the encampment by asking the court bar any protests within 100 metres of Mcgill's 154 buildings. That request was rejected.
“Just to be clear, we don't want to take away the right to strike or the right to protest,” Darche said, while requesting the focus remain on the encampment.
“The right to protest is in every document here in the courtroom. But there is a difference between protest and camping.
“There is a question of security. There are people there who installed themselves there without authorization.”
Superior Court Justice Marc Stpierre pointed out that there have been no incidents of violence reported since the tents went up.
One Mcgill lawyer, Patrick Plante, said the question of security has to do with prevention.
Outside court, Julius Grey, a civil court lawyer representing “three John Does” in the encampment, part of a group called Palestinians and Jews United, told reporters: “We have affidavits that show that this demonstration is completely peaceful. It's not permanent. We won't have a permanent encampments at Mcgill. The question before the court will be whether it is necessary at this point to intervene.”
In its injunction request, the university contends the camp represents safety and health risks.
The request cites “fierce verbal exchanges” between protesters at the start the month, barrels that possibly contain human waste, possible violations of the fire code and the potential for the camp to become a “magnet” for confrontations with counter-protesters.
The protesters are demanding the university divest from its investments in Israel. They also want the university to cut ties with Israel.
Between 5,000 and 8,000 people are expected in downtown Montreal on Tuesday to mark Israel Independence Day. In previous years, pro-palestinian protesters have demonstrated at the pro-israel event. Organizers say 150 security personnel, including private guards, will be present at the event, set to begin at 11 a.m. at Place du Canada.
Mcgill president Deep Saini said Friday the administration still wants to meet with protesters, even if the injunction is issued.
A Mcgill student, who wished not to use their name, walking through the campus to the library Monday, said he hoped the situation would be resolved peacefully.
A representative from Independent Jewish Voices Mcgill said they remained confident the campers would win in court.
“We will stand firm. This is an indefinite encampment until divestment. We will not be deterred.”
A second encampment against the war was erected Sunday at the Université du Québec à Montréal. The protesters' demands are similar to those at Mcgill, however the camp is also a show of support for the Mcgill camp.