Beryl Wajsman – The Suburban LJI Reporter
Attorney Neil Oberman, senior partner at Spiegel Sohmer, has served Mayor Plante with a formal demand letter by bailiff that the City of Montreal immediately intervene and enforce all laws, by-laws and regulations governing unlawful assemblies. Oberman and his firm represent plaintiffs identified as “Concerned Citizens 1 and 2” who have instituted the proceedings against the City of Montreal and holding the Mayor personally responsible. The Suburban obtained an exclusive copy of the demand.
The letter, addressed directly to Plante as the “duly elected official responsible for ensuring the protection of all citizens of Montréal,” states that she has — since October 8, 2023 — “..neglected your duty as the Mayor to ensure that respectable citizens of the island of Montreal are able to enjoy their public areas, residence, and be able to access different buildings given that you and your administration have rejected the rule of law.” The letter goes on to state that, “…Montreal has become a territory for extreme groups who assemble with the view of spreading hate and interfering with the daily lives of Montrealers under the guise of freedom for terrorism.”
The plaintiffs also claim that these groups, “…promote hatred towards Jews, the murder of innocent Israelis and [demonstrate] a complete disregard for all laws that are governing our society.” The letter puts the onus squarely on the Mayor stating she has, “…done absolutely nothing to ensure that the Fire Department, the City of Montreal’s public works department, and its police are given appropriate tools.”
The demand cites the Canadian Charter of Human Rights and Freedoms, sections:1,2,6, 10, 11 and following. It explains the reasons for anonymity of the clients are that,”…given that the city of Montreal and the police department are unable to protect persons of the Jewish persuasion in Montreal, our clients are refusing to provide their names on the basis that there is no protection for their person.” It goes on to note that,”… the Mayor of Westmount has taken the matter seriously but appears not be able to find solutions because the City of Montreal is negligent.”
The demand makes reference to the letter of November 12, 2023, by the Association of Suburban Municipalities (“ASM”) signed by ASM President Beny Masella, Mayor of Montreal West, requesting additional police resources to stop the violence and hate assemblies and criticizes the Mayor for not even having given the courtesy of a response. The demand letter then goes on to list 30 “hate assemblies that you allowed” and lists a 31st that proceeds on a continuing basis.
Perhaps the most pointed accusation against the Mayor is that she is being held responsible for,”…creating a climate of anarchy.” It goes on to address the Mayor personally as having, “…allowed masked people spewing hatred and violence to continue to block streets, public routes, transportation, businesses and residents, and you do so with impunity and you do so with the complete utter disrespect to the people who you are charged with protecting.”
It puts the Mayor on notice that if, “…..you fail to find a proper solution to the foregoing, our clients will hold you liable for all further actions that are taken by these uncivilized and anti-democratic bodies that are simply spewing anti-Semitism in Montreal.”
The demand further puts the Mayor on further notice that if you, “… fail to properly reply to this letter, provide a detailed plan of how you will stop the unlawful hate assemblies and on how you will instruct the appropriate authorities to block these unlawful persons from entering upon public property for the purposes of causing further destruction and interference with good citizens, the same will result in legal proceedings against you and anybody else who does not exercise their duties in accordance with their mandate, regulations and enabling statutes.”
Oberman told The Suburban that further legal actions will follow if the Mayor does not respond. The demand letter was cc’d for informational purposes and delivered by bailiff to Jimmy Zoubris,Special Counsel to the Mayor; Fady Dagher, Chief SPVM; Bruno Lachance, Chief of Service Incendie Montréal; François Charpentier and Martin Prud’homme,Direction générale adjointe Sécurité urbaine et Conformité; and Mayor Christina Smith,Westmount. n