The Superior Court of Québec ruled on Wednesday against granting an interlocutory injunction brought by Canada’s McGill University to dismantle a pro-Palestine encampment on its campus.
Justice Marc St-Pierre determined in his decision that the encampment’s presence was not sufficiently urgent to warrant an injunction, given the difficult issues of enjoyment of property and freedom of expression active in the case, and advised the university to amend their pleadings.
The absence of violence on the part of demonstrators since the encampment’s establishment on April 27, especially in the face of counter-protest activity was a factor the judge took particular account of in declining to order an injunction. Further, the judge noted that the university’s decision to relocate their spring convocation ceremonies, which usually occur on the grounds where the encampment is situated, mitigated the need for the court to intervene at this stage.
A representative from SPHR McGill — a student group involved in organising the encampment — praised the court’s decision: “This sets an incredible precedent not only for the McGill community but for the Palestinian movement at large … this win transcends the court and is contextualised within the broader student movement that is refusing to be silenced.”
The ruling comes amid the emergence of over 10 pro-Palestine encampments across Canada and a proliferation of support at campuses around the globe for Gaza and the anti-zionist Boycott, Divestment and Sanctions movement. Over 150-200 student and faculty protestors at the neighbouring University of Toronto encampment continue to participate daily in calling for university divestment from Israeli weapons manufacturers.
McGill University now has nine days to refile their request with the court.