Superior Court Judge Louis Charette

By Joel Goldenberg
The Suburban

Superior Court Judge Louis Charette has ruled that Jewish groups at McGill can intervene in support of McGill University’s case against the anti-Israel group Students For Palestine’s Honour and Resistance McGill (SPHR).

The Jewish groups — Hillel Montreal, Hillel McGill, McGill Jewish Law Students Association, Chabad at McGill, Israel on Campus McGill, Students Supporting Israel at McGill and Alpha Epsilon Pi McGill — asked that they be allowed a voluntary conservatory intervention in which, according to Arbitration Matters, “a third party, who is not originally part of a lawsuit, voluntarily joins the proceedings to support or assist one of the existing parties.”

This past April, Quebec Superior Court granted McGill’s request for a provisional 10-day injunction against SPHR. The injunction had been sought just after a three-day student strike at McGill during which classes were interrupted, Jewish students intimidated and much vandalism committed. The university pointed out that the injunction was needed at this time as exams were underway.

McGill has also sought an interlocutory injunction, preventing actions before a case is resolved; and a permanent injunction “to restore a climate of security on campus,” alleging that SPHR has “repeatedly participated and encouraged acts of violence on McGill campus.” The interlocutory hearing is set for Sept. 18 and 19.

The Students’ Society of McGill University, an impleaded party in the case and intervenors the Association of McGill University Support Employees, the Association of McGill University Research Employees and the Association of Graduate Students Employed at McGill (referred to as the “opposing groups”) are opposing the intervention of the Jewish groups.

The Jewish groups argue that they should be allowed to intervene, saying that members have been victims or have witnessed events that took place during the April student strike. The groups opposing the intervention request by the Jewish groups argue that they “do not possess sufficient interest to intervene.”

The judge disagreed for several reasons, amongst them “while McGill’s Application may at first glance appear as a private dispute, there can be no denying that issues of public interest are at the heart of the litigation,” including “rights protected by the Canadian Charter of Rights and Freedoms and the Charter of Human Rights and Freedoms.” The judge also pointed out that McGill did not oppose the intervention of the “opposing groups”

The judge also pointed out the mandates of the Jewish groups include “defending the interests of Jewish McGill students, including their right to openly express their opinions; and the expression of a positive image of the State of Israel and defending the right of Jewish and non-Jewish students to openly discuss their affinity with the State of Israel.”

The judge added that the sworn statements of individuals from some of the Jewish groups “raise concerns about the atmosphere of intimidation and hostility towards Jewish students at McGill.

“Although it may be true that none of the [Jewish student groups] have alleged an immediate impact on an activity or event, the fact remains that their members suffer the immediate consequences of the intimidation and hostility towards Jewish students like none of the other parties currently involved in the litigation.”

For this and other reasons, the judge allowed the Jewish groups to intervene in support of McGill University against SPHR. n