U of T tells court encampment took control of front campus

Protesters took control of University of Toronto property when they set up a pro-Palestinian encampment last month and are preventing others from using it, lawyers for the school argued before an Ontario court Wednesday.

Monique Jilesen began laying out the university's arguments in seeking an injunction to clear the encampment in the area known as King's College Circle, arguing the protest breaches school policies, infringes on others' free speech rights and has made members of the community feel unsafe or unwelcome.

She told the court protesters have set up a gate to enter and are screening people before allowing them inside, meaning those who don't agree with the protest or its guidelines aren't able to access the area as they could before.

Jilesen suggested the process of vetting people who come into the space "increases confrontations" at the encampment.

Protesters describe the encampment as peaceful and diverse, and while it may be that way for them, that is not everyone's experience, particularly those outside the encampment, the lawyer said.

She described an incident in which people shouted expletives at a man immediately outside the encampment. While the man didn't say those who yelled at him were part of the protest, these things didn't happen before the encampment emerged, she said.

It's also "pure speculation" that those behind harmful behaviour are not part of the encampment, since the organizers themselves can't clearly identify everyone involved, she said.

The university turned to the court late last month after protesters ignored its deadline to dismantle the encampment.

The encampment was set up on May 2 and participants have said they won't leave until the school agrees to disclose investments in companies profiting from Israel's offensive in Gaza and cut ties with Israeli academic institutions.

The school is asking the court to authorize police action to remove protesters who refuse to leave, arguing the encampment is causing irreparable harm to the institution.

It is also seeking to prevent protesters from blocking access to university property or setting up fences, tents or other structures on campus.

In their court filings, the protesters say the school's claims of irreparable harm are "grounded in troubling mischaracterizations" of the encampment as violent and antisemitic.

While the university has included examples of antisemitic incidents in its filings, the students say the evidence regarding these incidents is hearsay and cannot be put to the test, nor has the school proven any connection to the encampment or its participants.

They also argue that clearing the encampment would violate their protected rights to free expression and peaceful assembly.