Police will only clear pro-Palestinian encampment at U of T with court order

May 31, 2024 Canuck

Toronto police officials say officers would only act on the pro-Palestinian encampment erected at the University of Toronto if they were armed with a court order — a matter that won’t be discussed in front of a judge for almost three weeks.

At a Toronto Police Service board meeting Friday morning, Deputy Chief Rob Johnson said officers would respond to enforce the law and uphold public safety where needed, but any further actions would only come at the direction of the courts.

“Given the manner in which events have unfolded to date, including the fact that the demonstrators were permitted by the University of Toronto to remain on their property, and the decision of the Quebec court denying McGill University an interim injunction, the Trespass to Property Act does not give the Toronto Police Service sufficient legal authority to clear an encampment,” Johnson said.

“Therefore, absent a material change of circumstances, the Toronto Police Service will only act in situations involving an emergency to enforce the law and protect public safety, or to act in accordance with a court order.”

The University of Toronto last week issued a trespassing notice to protesters who set up camp in an area known as King’s College Circle and gave them a Monday morning deadline to leave.

Protesters have stayed despite the notice and the university has since applied for an injunction, seeking an order that would allow police action to remove demonstrators who refuse to leave.

Hearings happening in June

Court documents show the hearing on that matter is set for the Ontario Superior Court of Justice on June 19 and 20, after the scheduled start of convocation ceremonies. On its website, the school says the ceremonies will run from June 3 to 21.

WATCH: Students react to injunction hearing news:

U of T’s request for an injunction to clear its encampment won’t be heard by graduation. Here’s how students are reacting

21 hours ago

Duration 3:47

The University of Toronto says it will amp up security and ID checks at graduation ceremonies that start next week. That announcement comes after the school learned that its request for an injunction to clear a pro-Palestinian encampment on its campus will not be heard before the start of convocation events. CBC’s Chris Glover has the latest details — and reaction.

In an email earlier this week, a spokesperson for U of T said convocation will be held as scheduled. More than 13,000 graduating students are expected to receive their degrees during the ceremonies, the school said.

“Our spring convocation ceremonies are proceeding in person as planned at Convocation Hall on our St. George Campus,” the university said in a statement.

In a court document, Ontario Superior Court Justice Markus Koehnen said the court is aware that the university would like the hearing to be held sooner.

“I appreciate that those hearing dates do not accommodate the university’s interest in having the issue resolved before graduation ceremonies are over. In my view, however, that is the earliest that the hearing can be held in order to afford the respondents a fair opportunity to answer the application,” Koehnen wrote.

Protesters plan to stay

Johnson told the board that police maintain regular communication with university administrators and have made arrests in five incidents related to the encampment.

“We continue to respect the right to lawful assembly and expression, but we will uphold the law while prioritizing the safety of all individuals — students, protestors and officers,” Johnson said.

Demonstrators have said they will stay on campus until the university meets their demands, which include disclosing investments in companies profiting from Israel’s offensive in Gaza. Protesters reaffirmed their commitment to the encampment earlier this week.

Fourth-year undergrad and encampment spokesperson Erin Mackey speaks to reporters in a pro-Palestinian encampment on the main campus of the University of Toronto on May 24, 2024. — Fourth-year undergrad and encampment spokesperson Erin Mackey speaks to reporters in a pro-Palestinian encampment on the main campus of the University of Toronto on May 24. (Evan Mitsui/CBC)

“Having been threatened by the university with academic sanctions, including suspension and expulsion, having been threatened with arrest and police violence — despite all of this, despite all these threats being made, we remain,” said Erin Mackey, one of the encampment’s organizers.

“We’ve been clear from the very beginning that by virtue of being here, it does not warrant the University of Toronto calling the police on their own students,” she added.

Similar encampments on university campuses have cropped up across Canada in recent months, with several schools considering or taking legal action against the protesters.

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