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McGill University Seeks Court Injunction Against Pro-Palestinian Encampment

Photo : Graham Hughes/The Canadian Press

McGill University is seeking a court injunction to dismantle a pro-Palestinian encampment on its downtown campus. The encampment, which has been described as a "mini-village" by McGill's lawyer, Jacques Darche, consists of tents and barricades and has been occupied by demonstrators for over two weeks. Darche argued in Quebec Superior Court that the encampment poses significant health and safety risks and is preventing the university from holding convocation ceremonies on its property.

According to Darche, the encampment represents a departure from traditional protests and has transformed into a semi-permanent settlement. He emphasized that while universities respect freedom of expression, the encampment's occupants are not simply protesters but "occupiers" or "campers" who have established a fortified and barricaded area on McGill's campus.

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The encampment has become a focal point for protests related to the Israeli-Palestinian conflict, with demonstrators demanding that McGill divest from companies allegedly complicit in Israel's occupation of Palestinian territories. However, McGill contends that the encampment poses a security, safety, and public health risk. In its judicial application, the university cited concerns such as verbal altercations between protesters and counter-protesters, potential fire hazards, and the accumulation of human waste on site.

Lawyers representing the encampment members disputed McGill's claims, arguing that there is no evidence to support the notion that the encampment is dangerous or poses an urgent need for dismantlement. Julius Grey, representing some of the protesters, stressed the fundamental right to protest and highlighted McGill's status as a public institution subject to different standards regarding demonstrations. Another lawyer, Alexandre Romano, pointed out that the encampment occupants have implemented safety measures such as fire extinguishers and emergency exits.

The court proceedings saw Justice Marc St-Pierre questioning the necessity of an injunction, noting that McGill has already identified alternative locations for convocation ceremonies and that there have been no reports of violent incidents at the encampment. McGill's president, Deep Saini, issued a statement expressing the university's commitment to addressing the protesters' concerns through dialogue, even if a court order is granted to remove them.

Outside the courtroom, protesters maintained that their demonstration is peaceful and refuted McGill's characterization of the encampment as dangerous. They argued that the encampment serves as a platform for raising awareness about the Israeli-Palestinian conflict and advocating for social justice.

Meanwhile, in Alberta, the government has announced plans to investigate the clearance of pro-Palestinian encampments at universities by police with riot gear. Premier Danielle Smith cited reports of potential injuries during the police clearings, prompting the call for an investigation by the Alberta Serious Incident Response Team.

The court is expected to deliver a decision on the injunction as early as Tuesday. Despite the legal proceedings, McGill continues to engage in discussions with protesters and explore potential resolutions to the ongoing situation.

May 14, 2024 1:17 p.m. 9021

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