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'Chilling effect': People expressing pro-Palestinian views censured, suspended from work and school

'Chilling effect': People expressing pro-Palestinian views censured, suspended from work and school

CBC
Friday, December 22, 2023 04:12:49 PM UTC

Restaurant staff losing their jobs for cheering on a pro-Palestinian protest. A Palestinian Canadian journalist fired for her social media posts calling for a #freepalestine. Medical residents flagged to potential hiring committees for their support of Palestinians.

These are just some of the many instances across Canada in which employees and students have faced firings, suspensions or calls for them to not be hired based on their publicly stated political stance on the Israel-Hamas war. It's a trend that has been reported not just in Canada but also in the U.S. and Europe, and across various industries, including media, law, health care and the service sector. 

According to three Ontario-based lawyers who spoke to CBC News, some employers and institutions have been quick to take action against employees or students, creating an environment in which many are afraid they will lose their jobs or face consequences to their education if they express a political stance in favour of one side — Palestinians — during this war.

"I can tell you personally, in the last month and a half, I've probably spoken with someone at least once a day [about this]," said Jackie Esmonde, a labour lawyer at Toronto-based firm Cavalluzzo Law. "They're not always cases that we take on, but we do have in the range of eight to 10 cases that we're actively working on at the moment.

"I'm not seeing people making what I would consider hate speech or discriminatory speech."

None of the lawyers who spoke with CBC News had been notified of similar cases relating to expressions of support for Israel. 

When it comes to pro-Israel views, Toronto-based immigration lawyer Debbie Rachlis said she is "not aware personally of anyone who has lost their job or has been threatened by losing their job for expressing an opinion."

"I've certainly seen stories of people who have chosen to leave jobs where they … don't feel supported as an Israeli or as a Jewish person [or] don't feel comfortable with statements that the organization [they] work for has made," Rachlis said.

Esmonde noted a Nov. 23 United Nations statement in which a group of UN special rapporteurs expressed alarm at what they say is a global stifling of critique of Israeli government policies or calls for a ceasefire, which they said "have in too many contexts been misleadingly equated with support for terrorism or antisemitism." 

The statement noted that artists, journalists, academics, athletes and protesters have all been censored, suspended, blacklisted or otherwise threatened with workplace consequences for expressing their views. 

Toronto lawyer Nora Fathalipour said she has received up to 300 calls for help from people in Canada and the U.S. after posting on LinkedIn with an offer to represent people "facing academic or professional discipline for speaking out about Palestine." 

"A lot of the time, what's happening to them is a result of anonymous sources reaching out to their employers or to their institutions, raising concerns with either their behaviour or something they have said or [are] alleged to have said," Fathalipour said.

It's not always apparent which comments or actions are the source of contention for employers and universities. But in some cases, documentation seen by CBC News makes it clear which words are seen as problematic.

Last month, the University of Ottawa suspended medical resident Dr. Yipeng Ge after he posted pro-Palestinian comments on his personal social media that resulted in internal complaints against him, according to an email sent by the university's legal counsel to Ge's lawyer seen by CBC News.

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