Judge orders U of T pro-Palestinian encampment to be removed

A Ontario judge has ordered the pro-Palestinian encampment at the University of Toronto to vacate the area by Wednesday at 6 p.m., granting the university the injunction they sought.

“The court orders that the respondents and any and all persons of this order having knowledge of this Order, no later than 6 p.m. on July 3 shall remove all structures, tents, encampments and items of personal property placed or created or imposed by them at Front Campus and King’s College Circle,” reads the decision by Justice Markus Koehnen.

The decision also allows Toronto police or OPP to have authorization to arrest or remove any person who they believe to be contravening the order.

In a statement, U of T said they trust that those in the encampment will abide by the court order and vacate by the deadline. “Anyone who chooses to remain in the encampment after that deadline will be subject to consequences under university policy and the law,” read the statement. 

“A letter has been sent to the Toronto Police Service requesting their assistance if the encampment is not cleared by Wednesday, July 3 at 6 p.m.”

Toronto police tell CityNews they will enforce the court’s order. “We hope that protestors will leave voluntarily to avoid the need for police action.”

They add the service is currently determining operational details, but will not disclose exact timing of the operation. “The court order clearly states that the timing and manner of police action is at our discretion.”

A U of T rep is currently handing out copies of the order to those at the encampment.

The university turned to the courts late last month after protesters ignored its deadline to dismantle the encampment.

The encampment was set up on May 2 and participants said they wouldn’t leave until the school agrees to disclose investments in companies profiting from Israel’s offensive in Gaza and cut ties with Israeli academic institutions.

In their court filings, the protesters say the school’s claims of irreparable harm are “grounded in troubling mischaracterizations” of the encampment as violent and antisemitic. 

While the university has included examples of antisemitic incidents in its filings, the students say the evidence regarding these incidents is hearsay and cannot be put to the test, nor has the school proven any connection to the encampment or its participants.

Judge Koehnen agreed that none of the name respondents had participated in hate speech and that they had worked to immediately address hate speech surrounding the encampment.

The students also argued that clearing the encampment would violate their protected rights to free expression and peaceful assembly.

In ruling in favour of the University, the court found that the removal of the encampment did not shut down the protestor’s right to freedom of expression as they are still allowed to protest anywhere on campus between the hours of 7 a.m. to 11 p.m. and the injunction would only prohibit camping, setting up structures or blocking entry to any University property.

The National Council of Canadian Muslims (NCCM), who intervened in the court case, said the court findings show the encampment activists have not engaged in any forms of hatred and have been using peaceful tactics.

“Nonetheless, the court reiterated in its ruling that this case turned on the issue of the appropriation of property, nothing more.”