Using The Law To Sue Against Antisemitism

Pro-Israel and pro-Palestinian demonstrators clash in the halls of York University in Toronto on Nov. 20. (Alex Rose/The CJN)

"Behaviour that encourages hatred, violence, discrimination or interferes with the educational atmosphere, as stated in the 'Code of Students Rights and Responsibilities', reflects a breach in the University's responsibility."

"Section 319 of the Criminal Code categorizes the public incitement of hatred, the deliberate promotion of hatred, and the intentional promotion of antisemitism as criminal offences."

Sandra Zisckind, managing partner, Diamond and Diamond Lawyers

 

"Unfortunately, the hatred toward the Jewish community, which dramatically increased after October 7, continues to be prevalent on college and university campuses, including McMaster [University]."

"This lawsuit seeks to establish and enforce effective, and enduring measures to guarantee a safe, supportive and tolerant educational setting for all students, irrespective of their race, religion, or ethnicity."

Brooke Goldstein, founder, executive director, The Lawfare Project

A pedestrian walks past McMaster University signage on Toronto's Bloor Street West, Thursday October 19, 2023. Photo by Peter J. Thompson/National Post

On behalf of Jewish students attending McMaster University in Hamilton, Ontario, which has distinguished itself as a veritable hotbed of antisemitic action, a $77 million class-action lawsuit has been undertaken, charging the school and the McMaster Students Union, with virulent hatred and threats faced by Jewish students arising from antisemitic rhetoric that has been rife on campus since the Hamas terrorist attack in southern Israel of October 7, 2023.

Among other issues cited in the lawsuit was that of an organized vigil by Jewish student groups having been forced to move to a publicly undisclosed location in the interests of security in a climate of threat and intimidation. Also at issue, a McMaster teaching assistant who was involved in a public display of a swastika during a pro-Palestinian protest on Parliament Hill.

The firm of Diamond and Diamond Lawyers filed the class action suit acting on behalf of plaintiffs encompassing all Jewish students enrolled at the present time at McMaster University and including Jewish students who are now graduates from the past two years. The University's Students Union, according to the lawsuit, has actively supported the Boycott, Divestment and Sanctions (BDS) movement since 2015, maintaining its support for on-campus activities of the movement.

A movement, according to a statement describing the BDS movement, by Prime Minister Justin Trudeau, as "antisemitic and contrary to Canadian values". However, on the evidence clear enough by the ruling Liberal government's lack of action in view of more recent 'pro-Palestinian' protests taking place all over Canada by organized Palestinian Student Groups not sufficiently 'contrary to Canadian values' -- even when chants of "From the river to the sea" denoting the destruction of Israel, or "gas the Jews" ring out, orchestrated along with signage reading "Free Palestine"-- for any remedial action to take place.

The Lawfare Project, an organization dedicating itself to the protection of the civil and human rights of Jewish communities through legal action, inspired the lawsuit in a partnership. This is a lawsuit that pairs with another $15 million class-action lawsuit that Diamond and Diamond previously filed last October against York University for much the same reasons. Both universities are outstanding in their support of antisemitic rhetoric in a devoted nod to the 'woke' DEI atmosphere that permeates both.

Both York University and the York Federation of Students are targeted by that lawsuit, that represents current students and recent alumni as well as school attendees from 1998 to 2021, with the claims that the plaintiffs have been threatened with physical violence, sufficiently effective to force the Jewish students to shield their Jewish identity in an effort to avoid harassment.

McMaster University says it's committed to providing a safe and welcoming environment to all staff and students. (Michael To/CBC)