Doctor suspended over war tweets suing
Two weeks after Hamas militants attacked Israel on Oct. 7, news of the suspension of Ontario doctor Ben Thomson coincided with growing instances of officialdom shutting down criticisms of Israel in public spheres.
Thomson, a nephrologist at Mackenzie Richmond Hill Hospital, is now suing Mackenzie Health for a little more than $1.5 million, alleging defamation and “bad faith exercise of a statutory public duty.”
Thomson’s statement of claim in the Ontario Superior Court of Justice says that despite Mackenzie Health’s public denials at the time, his suspension was linked to political views he expressed in tweets supporting Palestinians and questioning Israeli statements, and that the “safety concerns” the institution cited as part of its reason for his suspension were at least partly a pretext to silence him.
The claim says complaints from members of the public, funders and colleagues opposed to his political views influenced the institution’s actions, which created a poisoned work environment, affected his income and harmed his psychological health and professional standing.
It alleges that, in contrast to how he was treated for his comments, there were no consequences for those publicly spreading hatred or advocating violence against Palestinians.
“Mackenzie Health has not taken any comparable steps or actions to address public or other communications (by doctors) … inciting hatred or violence towards Palestinians and/or who publicly express support for breaches of international law against civilians in Gaza.”
The allegations in Thomson’s statement of claim have not been tested in court. Thomson confirmed he is pursuing legal action and said he had been advised by his lawyers to avoid further comment. “Having returned from Gaza March 15, I witnessed a humanitarian disaster consistent with the ICJ’s finding that Israel is plausibly committing genocide,” he told the Star by email, and that he would “prefer to be focused on overcoming this dire emergency.”
Mackenzie Health told the court it intends to defend itself. It has not yet filed a formal response. It did not respond to a list of emailed questions by the Star but said in a statement: “As this matter is before the court, it would be inappropriate to comment.”
Thomson has been volunteering in the West Bank and Gaza since 2013 and helped develop medical programs for the Islamic University of Gaza. (Full disclosure: I was awarded a certificate of appreciation for my columns on Gaza by medical aid group UOSSM Canada; Thomson was the presenter.)
After the war began, he reposted tweets that urged the world to put the Hamas attacks into a larger context and one tweet that equated “Hamas resistance” to “Ukrainian resistance.”
The tweet that Thomson’s suit alleges led to complaints was one he wrote in response to a post by The Centre for Israel and Jewish Affairs on Oct. 10 that claimed babies had been beheaded and women raped during the Oct. 7 Hamas attack.
“No babies were beheaded, there have been no confirmed reports of rapes. You repeat this nonsense out of racism,” Thomson wrote in a now-deleted tweet. “In the meantime, Palestinians are experiencing genocide and war crimes and you are silent. History will judge you very badly.”
No evidence has been found to support the claim about beheaded babies, while reports of rapes have since been confirmed by media reports and the United Nations. Thomson’s tweets were met with backlash the next day on X and were reportedly linked by a Mackenzie Health physician, whose account is now deleted, to denying the Holocaust.
Whatever one thinks of the substance of Thomson’s public statements, the story he tells about what happened next is reminiscent of many similar episodes in government, hospitals, media and other institutions in recent months.
On Oct. 11, Israel bombed the Islamic University of Gaza, the very place Thomson had volunteered.
That evening, a hospital manager emailed him to say an administrator wanted to connect with him, the claim says. Thomson responded the next morning, asking for details about the nature of the meeting.
He was told the hospital had received numerous complaints about his recent social media posts. “Jewish community members have expressed concern that they would not receive safe care, as well as concerns for their safety in general if they attend Mackenzie Health,” a manager wrote in an email. Thomson was told his posts affected “the team’s ability to work in a collegial manner.” He was further told “it is expected that you conduct yourself in a professional manner.”
In response, Thomson says in the claim, he offered to make a clarifying statement and urged the hospital to not give in to “harassment campaigns” against those who he says are calling attention to the humanitarian situation in Gaza.
The next day, the claim says, Thomson met senior officials from the hospital. Apart from complaints, according to his claim, he was told there was also a threat received on the phone that had been communicated to York Regional Police. Thomson claims the caller called him “a disgusting human being” and said if he didn’t delete his post, “I advise you and the rest of your staff to stay outside of your office.”
The officials told him to take a two-week voluntary leave of absence and engage in personal reflection, he alleges. The next day, Oct. 13, the claim says, Thomson told them he had decided against taking leave because it would “send the message that such harassment tactics are effective.” The hospital immediately suspended him without pay for a month, he says, claiming it was in the interest of safety. But when Thomson went to York police that evening, he says, he was told the threats were “low risk” and that they did not recommend restrictions on his practice. For more than a week during his suspension, the statement of claim alleges, the hospital did not remove or limit defamatory Facebook posts by commenters on its social media page that referred to him as an antisemite, a terrorist supporter and a Holocaust denier, among other remarks.
Mackenzie Health told reporter Brishti Basu at CBC News for a subsequent news report that “it is false to suggest Dr. Thomson was suspended for his views.” The hospital lifted his suspension after 12 days, on Oct. 25, after negotiations that he says included a “mutually approved” public statement by Thomson, a personalized safety plan by the hospital and removal of posts about Thomson by the hospital on its social media sites for six months.
When he returned, his clinical activities were isolated to one area of the hospital for about five weeks, which also affected his income, his suit says.
According to a news report, fellow doctors pooled their funds to cover his salary during those 12 days. When Thomson returned, the hospital “failed to take adequate steps” to prevent him from experiencing a “poisoned work environment,” the suit alleges, listing examples including being ignored by colleagues and the hospital holding staff meetings where Thomson was disparaged as antisemitic and described as a “Nazi,” without correction by the hospital. Thomson accuses Mackenzie Health of allowing its actions to be coloured by anti-Palestinian racism. In an Oct. 26 public statement, Mackenzie Health said it “took an unprecedented, temporary measure involving Dr. Thomson to allow us to fully assess and address the real safety and security threats made against him and our hospital.”
This case is not just about Thomson.
At a time when many institutions are stifling voices who support Palestinians, this could well be a litmus test for whether and when employers can punish such employees for publicly expressing their views.