On December 19, 2023, the BCCLA wrote a letter to the Ontario Ministry of the Attorney General to voice concerns about a new policy that was adopted in response to law students at the Toronto Metropolitan University (TMU) who signed onto a letter addressed to the Dean and other personnel of the TMU Faculty of Law in support of Palestine. This letter is being made public because it provides public accountability on the Ministry of Attorney General’s policy, which remains in effect, and raises important issues of public interest related to the freedom of expression in Canada, in particular the suppression of Palestinian speech and anti-Palestinian racism.
Ontario Ministry of the Attorney General
Civil Law Division
Office of the Chief Justice
Ontario Court of Justice
Attention: Sean Kearney, Assistant Deputy Attorney General
Kikee Malik, Portfolio Director
Attention: Sean Kearney, Assistant Deputy Attorney General
Kikee Malik, Portfolio Director
The Ontario Ministry of Attorney General (MAG), at least with respect to the Ontario Court of Justice (the “Court”) as well as other potential departments, has adopted a new policy specifically applicable to law students at the Toronto Metropolitan University (TMU) who signed onto a letter in support of Palestine (the “Policy”). This public student letter of October 20, 2023, (the “Letter”) was addressed to the Dean and other personnel of the TMU Faculty of Law.
The BC Civil Liberties Association (BCCLA) is deeply concerned with the chilling impacts of the Policy on constitutionally protected freedom of expression for TMU law students and more broadly. The BCCLA is also deeply concerned with impacts to public confidence in the impartiality and fairness of the Court.
The Letter is legitimate political expression that is not antisemitic or hateful. On the contrary, instituting employment repercussions for this type of Charter-protected political speech is anti-Palestinian discrimination. We urge the MAG to immediately cancel this new discriminatory Policy.
Out of respect for the privacy of the students currently involved, we are currently writing to you privately. However, as we believe that this is a matter of significant public interest, we would not hesitate to bring our concerns forward publicly in the future. Broader public knowledge of this Policy is in our view a significant concern for the public confidence in the Court.
