Protesters say U of T site more like public park than private property

Lawyers for a pro-Palestinian protest encampment at the University of Toronto say the site is “closer in character to a public park” than private property and people do not normally need permission to use it.

The university has applied for an injunction to clear the encampment that was set up on May 2 in the area known as King’s College Circle.

The hearing began Wednesday with lawyers for the university arguing the protesters have seized control of private property and are restricting the community’s access to it. 

They said many in the community have reported feeling unsafe or unwelcome on campus as a result of the protest and that the encampment has caused irreparable harm.

On Thursday, lawyers for the encampment argued the university is not private property in the traditional sense and is usually open to the public.

Lawyer Jackie Esmonde argues trespass laws are primarily meant to protect a landowner’s right to privacy in their home, not to suppress otherwise legal activity in a place accessible to the public.

She adds the location of the demonstration is key to its effectiveness.

The school’s claims of irreparable harm are based on mischaracterizations of the encampment as violent and antisemitic, a framing that perpetuates anti-Palestinian rhetoric and Islamophobia, she told the court.

While there is no doubt the university received complaints about the use of certain protest slogans and symbols, those complaints are false and inflammatory misrepresentations, and it’s the university’s duty to counter such messages rather than amplifying them through this injunction application, Esmonde argued.

She also argued the discomfort of those who disagree with the protest does not trump the demonstrators’ protected rights to free speech and peaceful assembly.

The university issued a trespass notice late last month and filed its application for an injunction shortly afterward.

The school is asking the court to authorize police action to remove protesters who refuse to leave and to bar protesters from blocking access to university property or setting up fences, tents or other structures on campus.

Representatives for the encampment have said they won’t leave until the school agrees to their demands, which include disclosing and divesting from investments in companies profiting from Israel’s offensive in Gaza.

Both sides have been meeting to try to negotiate an agreement outside of the court process. Protesters said their latest offer was rejected Tuesday, while the university said Wednesday it had not yet received a response to its counteroffer.