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University crackdown on Palestine solidarity encampments a grievous violation of Charter freedoms

By Laurie Adkin | Canadian Dimention | March 9, 2025

If the repression of Palestine solidarity protests on Canadian campuses is permitted to go unchallenged, we risk a serious erosion of Charter-protected rights and freedoms. The cases of the Universities of Calgary and Alberta highlight what is at stake.

In May 2024, the University of Calgary executive^[1] called in the police to forcibly remove the Palestine solidarity encampment on that campus within hours of its appearance. The University of Alberta executive quickly followed suit, deploying riot police to drive members of the People’s University for Palestine (PU4P) from the campus. The executives thus revealed the vacuity of their institutional slogans and their unwillingness to defend university autonomy from political direction. University records^[2] and media reports show that United Conservative Party government officials were urging the deployment of police against the universities’ students, faculty, staff, alumni, and community supporters.

Since October 2023, university executives have been implementing security regimes that put their students, staff, and faculty under continual surveillance and subject them to policing that not long ago would have been unthinkable. The Kent report confirms that the University of Alberta Protective Services and the Edmonton Police Service collaborate in surveillance of the conversations, social media posts, and activities of students, staff, and faculty on campus (using patrols, video cameras, and facial recognition technology). Police presence on campus has become routine. Operating procedures for protests were amended unilaterally by executives on both campuses in May 2024 in anticipation of the Palestine solidarity encampments. The result is that the environment for freedom of expression on campuses has been significantly degraded. However, the failure of university executives to stand up for constitutional freedoms is a grievous abdication of democratic duty to all citizens. Given what is at stake, it is urgent that court challenges to their actions be initiated, and that those responsible be required to apologize and make reparation to those who were traumatized and whose freedoms of political expression and assembly were unreasonably denied.

The UCalgary’s executive has tried to establish the legality of its actions by commissioning a consultancy report described by legal experts as “superficial.” The UAlberta executive no doubt hopes that the Report on the Encampment they commissioned from retired Alberta Court of King’s Bench Justice, Adèle Kent, will close the book on its decision to deploy police against the PU4P. The Kent report concluded that “the administration’s ability to have the police dismantle the encampment was reasonable and justifiable under the Charter” (78). This opinion—which is not a judicial ruling—is unsubstantiated by evidence and hinges on an incomplete (and often contradictory) review of the legal tests required to arrive at such a conclusion.

UAlberta President Bill Flanagan issued a cluster of statements in May 2024 attempting to justify the forcible removal of the PU4P by police on the grounds that it posed “serious and potentially life-threatening risks” to “university community members and members of the public,” and that its removal was intended to “ensure public safety and security.” The evidence—including highly credible first-hand testimony—effectively eviscerated these claims; even Justice Kent and campus security agreed the PU4P presented no threats to anyone’s safety at the time the police were sent in.

What the executive and the justice turned to, then, to justify the camp’s removal was the possibility of future threats that could be (and were) imagined by the president’s executive council and the police. One fear they raised was that counter-protestors might show up on campus and altercations between the groups might ensue. There was no indication at the time that such events were likely, but even if they had been, we should question the logic of the argument that is being made here for the denial of Charter freedoms of expression and assembly. If the possibility of a future counter-protest that might be violent is considered grounds to ban otherwise peaceful political expression and assembly, then effectively, these Charter freedoms are null and void.

The “community safety” pretext offered by President Flanagan further lacks credibility because alternatives were available to ensure the safety of the PU4P participants that entailed far less risk of harm than the option that was chosen (sending in riot police at the crack of dawn). In this regard, the executive’s decision clearly fails the Charter tests of “least impairment” and “rationality” in relation to its supposed objective. Members of the executive chose not to meet with the PU4P, instead spending hours in “crisis management” meetings among themselves and with government officials and the police, grasping at pretexts to simply get rid of the protestors without having to answer their demands. They misled students and the public about their intentions, concealing their decision to deploy the police from student leaders and implying that negotiations were in progress when this was not true. This is the kind of bad faith treatment to which pro-Palestinian student activists have become accustomed.

We cannot overlook the likelihood that these Palestinian solidarity encampments were labelled security threats because of the relentless pressures on university administrators exerted by Zionist politicians and pro-Zionist government officials to characterize any criticism of Israel as threatening to the “safety” of Jewish students and faculty. Such pressures have been well-documented in the cases of the Universities of Alberta and Calgary, and are exhibited in many of the submissions to the House of Commons Standing Committee on Justice and Human Rights’ investigation of “antisemitism” on Canadian campuses (May 2024). Notably, the committee’s December 2024 report recommended, among other measures, that universities adopt the International Holocaust Remembrance Alliance definition of antisemitism which encompasses anti-Zionism or criticism of the state of Israel.

In contrast, we see clearly how little the safety of “community members” from racialized Muslim backgrounds (and non-Zionist Jews) has mattered for university executives—how quickly their safety was sacrificed to achieve higher-ranked priorities. The repression of pro-Palestinian protest on university campuses is consistent with the denial of rights and the violence being inflicted upon Palestinians in Gaza and the West Bank on a massive scale by Israel and its military and diplomatic allies.

It can have escaped no one’s notice that we live in times of rising authoritarianism. If Canadians accept the flimsy, speculative pretexts offered by university authorities to crush peaceful protest—if we do not subject them to rigorous Charter tests—we risk the further erosion of our political rights and freedoms. If these rights may be trampled underfoot on university campuses without legal challenge, where are they protected? Constitutional lawyers, don your armour.

Laurie E. Adkin is a professor emerita in the Department of Political Science at the University of Alberta.

References

^{1. By “executive” I refer to the president, the president’s executive team, or council, and the Board of Governors. While responsibility for the decisions falls ultimately on the shoulders of the university presidents, the reviews have been vague in identifying who authorized what and when. Some members of the executive team at UCalgary were away from the university when the decision to call in the police was taken; none, however, have subsequently resigned their positions. In the UAlberta case, we know that the Chair of the Board was closely involved in the decision-making about the PU4P, but we do not know if other governors on the Board were consulted; none have publicly expressed their agreement or disagreement with the action that was taken. This is typical of the lack of meaningful accountability of these board members to both internal constituencies and the broader public.↩}

^{2. Its flaws notwithstanding, the UAlberta-commissioned Kent report provides very useful information in its excerpts from interviews with executive decision-makers and the appended (though redacted) “Rolling Update” on meetings, decisions, etc., maintained by the Crisis Management Team. Additional records were obtained by journalist Jeremy Appel through a FOIPP application to the UAlberta.↩}

March 14, 2025 Posted by aletho | Civil Liberties, Full Spectrum Dominance | Canada, Human rights, Zionism | Leave a comment