Judge allows varsity to remove pro-Palestine camp

Published July 4, 2024
Protesters march out of Kings College Circle after leaving a pro-Palestinian student encampment at the University of Toronto following an Ontario court order for protesters to vacate the area on July 3. — Reuters
Protesters march out of Kings College Circle after leaving a pro-Palestinian student encampment at the University of Toronto following an Ontario court order for protesters to vacate the area on July 3. — Reuters

TORONTO: An Ontario judge has ruled in favour of the University of Toronto, granting an injunction to clear a pro-Palestinian encampment from its downtown campus. The injunction order also bars the demonstrators from returning to the site.

Ontario Superior Court of Justice Markus Koehnen ruled on Tuesday that protesters must take down tents in the area known as King’s College Circle by 6:00pm on Wednesday.

The ruling also gives Toronto police the authority to arrest and remove anyone who refuses to comply with the court order. The encampment at U of T is part of a widespread surge of pro-Palestinian demonstrations at colleges and universities in Canada and the United States.

As per the ruling, protesters are allowed to demonstrate throughout the campus, as long as they do not set up camps, erect structures, or block entrances to university property. Additionally, the order stipulates that protests on campus can only be held between 11:00pm and 7:00am.

Ruling also empowers Toronto police to arrest, remove anyone who refuses to comply with order

The encampment, set up by a group of pro-Palestinian supporters, has been occupying a section of the university’s St. George campus. The university, citing concerns over safety, disruption to academic activities, and damage to property, had sought legal recourse for its removal. A statement issued by U of T says the administration trusts protesters to abide by the court’s ruling and vacate the premises in time.

The university’s statement adds: “Anyone who chooses to remain in the encampment after that deadline will be subject to consequences under university policy and the law.” Furthermore, the university has also sent a letter to the Toronto Police Service requesting assistance “if the encampment is not cleared by Wednesday, July 3 at 6 pm.”

Separately, a statement shared by Toronto police on X said it will enforce the court’s order but hopes protesters will leave on their own. “The 6:00pm deadline applies to the protesters. While we won’t disclose operational details, the court order states that police action is at our discretion. We are finalising those details now,” the statement said.

Last month, the university sought an injunction after protesters disregarded a trespass notice and deadline to vacate the premises. The university then requested court authorisation for police action to remove any protesters who refused to leave and to prevent protesters from blocking access to university property or erecting fences, tents, or other structures on campus.

The university initially pursued the injunction urgently because the encampment was near Convocation Hall, where graduation ceremonies were scheduled to take place throughout June. However, the court heard the application over two days last month, after most ceremonies had concluded, with no major disruptions reported.

The ruling has not been without its critics. Activists and members of the encampment have decried the decision as an infringement on their right to free expression and peaceful assembly.

UofT Occupy for Palestine, the organisers of the encampment, stated in a post on X that the decision grants the university an “immoral license to unleash police violence” on students.

Published in Dawn, July 4th, 2024

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