Quebec judge: Pro-Palestinian encampment at McGill can stay, University’s injunction request denied

The pro-Palestinian encampment on McGill University’s downtown Montreal campus can stay, that’s according to a Quebec judge’s decision on Wednesday – rejecting the school’s provisional injunction request to dismantle it.

The university had asked a judge to order the protesters to stop camping on or occupying its grounds and to authorize Montreal police to assist the school in dismantling the encampment if called upon.

McGill said the encampment posed a “security, safety and public health risk” and has caused tensions to escalate on campus – and is preventing McGill from holding its convocation ceremonies in its usual outdoor location.

The arguments were heard at the Montreal courthouse on Monday and it was up to Quebec Superior Court Justice Marc St-Pierre to weigh McGill’s rights to their property and the students’ rights to freedom of expression.

In a four-page decision, Justice St-Pierre said that McGill has not demonstrated an urgent need for the injunction, when compared with the rights of the protesters to demonstrate peacefully. He writes, “[McGill] cannot report no serious or violent incident since the erection of the first tents on the site campus on April 27, 2024.” Adding that even a confrontation with counter-protesters was peaceful. 

At a press conference outside the encampment on Wednesday, participants celebrated the decision.

“We are proud to have set the precedent to McGill that it is the right of people to protest against their universities and to ensure free speech as part of their academic institution,” says a representative of Independent Jewish Voices at the encampment. “This comes after 19 days of the administration smearing our protest encampment with claims of anti-Semitism, unlivable conditions or violence.”

“This sets an incredible precedent not only for the McGill community but for the Palestinian movement at large which despite attempts of defamation and repression has refused to be stifled,” says Rama, a representative of SPHR McGill.

In a statement in response to the injunction denial, McGill says it’s “disappointed in today’s ruling. We are currently in the process of analyzing the judgement.”

“Due to rising tensions and safety, security, and public health concerns, and having exhausted all operational protocols available, the University sought a provisional injunction, which would recognize McGill’s property rights and the urgency of the matter.”  

Lawyer Julius Grey, representing Palestinians and Jews United, defendants in the injunction, says he’s pleased with the decision.

“It recognized the importance of the demonstration, put it in the context of the worldwide movement,” he said. “It also upheld the basic principles of provisional injunction, which is only supposed to be given if there’s urgent and it’s not enough to allege urgency, you have to prove it.”

“In response to our realizable demands of divestment, McGill University decided to drag their students into a legal battle to forcibly remove them from campus even if through police intervention. This is despite the fact that students have made it clear that we are willing to dismantle the encampment on the second day so long as McGill meets our demands in a material way through a timeline and process,” wrote SPHR McGill in a statement. “This is the second time the courts rule in favour of student democracy and freedom of speech.”

Negotiations between the university and the protesters have not been fruitful.

Protesters say they will stay put until the university divests from companies with ties to Israel and cuts ties with Israeli academic institutions.

This is the second request for an injunction for this encampment. On May 1st, Judge Chantal Massé rejected the injunction filed April 30 by two McGill students.

Massé ruled the plaintiffs failed to demonstrate that their access to the school was being impeded.

On Wednesday, judge St-Pierre also wrote that the university had already relocated its convocation ceremony. According to the injunction request, McGill has found an alternative venue for convocation, at a cost of $700,000.

Even though the provisional, or emergency, injunction was denied, it’s not the end of the legal process. Grey says McGill will be back in court on May 22, in an attempt to once again dismantle the camp with an interlocutory injunction, which would be a temporary order until a judge renders a ruling on the final injunction

“This student movement for Palestinian freedom to end this occupation and for divestment will continue,” said the student for Independent Jewish Voices.

Protesters not going anywhere

On Tuesday afternoon, day 18 of the encampment, protesters there told CityNews that they were confident the injunction would not be approved.

“We have confidence that this injunction will not pass,” said the student on Tuesday. “It’s the second injunction that is being placed on this encampment and SPVM representatives have affirmed that our encampment does not violate any laws.”

McGill lawyers on Monday said people are allowed to protest there, but that there’s a limit between protesting with a group and slogans and building a camp that is fenced off and structured in an almost permanent way.

Montreal police have been monitoring the camp and made it clear any intervention on their part will be based on the camp’s legal situation.

“This is what has pushed these students to take these exceptional measures essentially and to make sure that their demands are heard and heeded,” the student said.