A group of pro-Palestinian protesters who have been encamped at Vancouver Island University in Nanaimo for 107 days have been given three more to pack up and leave.
The B.C. Supreme Court has granted an injunction sought by the university to have the camp, organized by Palestinian Solidarity Encampment Nanaimo, removed, though Justice Michael Stephens would not go so far as to award damages to the school.
The protesters were directed to clear the encampment within 72 hours and ordered not to establish another one in the same area for 150 days.
Protesters, who have been camped in the school’s quad since May 1, reacted to the decision on social media.
Representatives of Palestinian Solidarity Encampment Nanaimo said the ruling was expected but they could find some wins in the decision.
A spokeswoman speaking on Instagram said Justice Stephens refused to grant damages to the university, refused to agree to a curfew, and the court proceedings highlighted some of the protesters’ concerns.
“These past two weeks, we saw anti-Palestinian racism and Islamophobia being defined and the genocide in Palestine being acknowledged in B.C. Supreme Court. Given that the overarching goal of the encampment is to raise awareness, we view this as a positive outcome,” the spokeswoman said.
The message on social media said the group recognizes Canada prioritizes private property over Charter rights, but it is disappointing that a university, which claims to support freedom of expression, would go to court to restrict protest.
In an update to the community, Vancouver Island University said it hopes the protesters will comply and that the school has requested RCMP assistance in enforcing the order.
Protesters must be out of the quad by 9:30 a.m. on Sunday.
“VIU remains dedicated to maintaining a safe and inclusive environment for all members of our community. While we respect and support the right to peaceful protest and diverse viewpoints, today’s court order ensures that the campus quad is returned to the entire community and prevents any individual group from occupying a shared space for extended periods of time to promote a single perspective,” the statement said.
“We recognize that this situation has been challenging and emotional for many. We are committed to supporting our students and employees through this period and welcome constructive and respectful dialogue on all community issues.”
The B.C. Civil Liberties Association, which has expressed concern about the use of injunctions to restrict protest rights, said it is disappointed with a ruling it believes sides with property owner rights over over Charter rights of expression.
“Freedom of expression should be protected unless there is an exceptional justification for its restriction,” said Ga Grant, the association’s litigation staff counsel. “Today, the court missed a critical opportunity to align the law with our Charter rights and values. While the door remains open for us to fight for an evolution of the law in the future, failure to apply these principles today continues to curtail the essential role of Charter rights in our legal landscape.”
The Centre for Israel and Jewish Affairs, which represents Jewish federations across the country, said it was pleased with the ruling.
In a social media post, the organization said the injunction allows the school to “remove the hateful, unlawful and disruptive encampment from its campus” and “that once again all can feel safe and secure in their campus community.”
B’nai Brith Canada said the courts got it right.
“Justice Michael Stephens rightly stated — as B’nai Brith has been arguing since the beginning — that the right to protest on campus does not exist in a vacuum,” said Aron Csaplaros, B’nai Brith’s regional manager for B.C. “Protesters’ rights to freedom of expression and protest must be balanced with the rights of VIU students, faculty, and staff to an environment free from harassment, intimidation, and limitation of their use of VIU’s property.”
The university went to court against the protest following an Ontario court decision that granted the University of Toronto an injunction against an encampment there.
The encampments against the Israel-Hamas war began popping up at Canadian universities in the spring, including at the University of British Columbia and the University of Victoria, with protesters demanding the institutions cut ties with Israeli firms and institutions.
