Expression
Israel-Palestine conflict triggers challenges over freedom of speech
Following the outbreak of the Israel-Palestine conflict in October 2023, instances of anti-Semitic and Islamophobic hate speech have spiked across Canada, leading to a new wave of scrutiny over freedom of expression.
On 10th October, Sarah Jama, a member of the provincial parliament (MPP) representing the Ontario legislative riding of Hamilton Centre for the Ontario New Democratic Party (ONDP), called for an immediate ceasefire in relation to the ongoing conflict in Gaza. Since then, she has been threatened, censured and removed from the caucus of the provincial party.
Thirteen days ago, I called for an immediate ceasefire and de-escalation by the Israeli government, which had begun a horrific siege on Palestinians in Gaza. Since I made that statement, Israel has only escalated its assault on millions of Gazans. 1/ pic.twitter.com/b9iuu0ogbd
— Sarah Jama (@SarahJama_) October 23, 2023
On 4th November, thousands gathered outside Parliament Hill, Ottawa, for a pro-Palestine rally during which a picture circulated online of a protester displaying a swastika accompanied by the words “Zionism = Nazism”. The picture was criticised by politicians, including Prime Minister Trudeau, who posted on X saying, "The display of a swastika by an individual on Parliament Hill is unacceptable. Canadians have the right to assemble peacefully – but we cannot tolerate antisemitism, Islamophobia, or hate of any kind.” Police have been investigating the situation and asking the public for relevant information on the responsible individual.
On 15th November, activist and doctor Tarek Loubani was arrested with one count of mischief after an incident in which police say ketchup was squirted at the office of London North Centre Member of Parliament (MP) Peter Fragiskatos in Ontario, following a pro-Palestinian protest last month. “They took me to jail, and it was quite heavy-handed in that they tried to impose a condition where I would not only not be allowed to protest, but not allowed to even write to or tweet about Peter Fragiskatos,” said Loubani. He was released the following day after appearing in court.
The arrest triggered an investigation from the College of Physicians and Surgeons of Ontario, who are now reviewing the “professional conduct” of Loubani and at least four other doctors in the region for their comments on Israel and Palestine via social media platforms. James Turk, the director of the Centre for Free Expression at Toronto Metropolitan University, has reviewed the social media posts in question and is concerned that institutions like universities and hospitals are bending to the will of lobbying groups. “As far as I know, none of them engaged in illegal speech in Canada. It was simply that people who disagreed with their views were able to put pressure on their employers to take actions against them. There's no place for that in a democratic society,” Turk said.
Meanwhile, there have been no complaints from patients regarding their practice at the hospitals where the doctors work. One human rights organisation based in Canada responded to the incidents, emphasising the need for doctors to maintain neutrality. “Doctors have a responsibility to remain apolitical to ensure they can retain the confidence of all their patients.”
According to The Maple—an independent digital news media—since October 2023, at least 17 people have been suspended or tossed from their jobs because they stood up against the Palestinian-Israel conflict.
Canada’s Special Representative on Combatting Islamophobia, Amira Elghawab, reported that Canadians have already been silenced and faced reprisals and discrimination rooted in Islamophobia for exercising democratic freedoms. It also declared that “it is unacceptable in Canada for Muslims and their communities to fear participating in peaceful demonstrations, wearing a keffiyeh, waving a Palestinian flag, advocating for civilians trapped in armed conflict, or chanting for Palestinian human rights.”
The statistics highlight the hostile context with a rise in hate crimes targeting these communities in Canada. According to the Toronto Police, from 7th October to 17th December 2023, there were 20 incidents of anti-Palestinian, anti-Muslim and anti-Arab hate crimes, which is a significant increase from the two incidents reported during the same period last year. Additionally, there were also 56 reported incidents of anti-Semitic hate crimes, which is a significant increase from the 18 incidents reported during the same period last year.
For instance, on 29th October, Olga Goldberg, a Jewish woman, reported she was attacked in Toronto by pro-Palestine demonstrators after attending a pro-Israel rally earlier that day. According to her account, the protesters ripped a photo of an Israeli hostage—a family friend of hers—from her hands, punched her in the face, and stomped on a Canadian flag she was carrying. She filed a report with the United Jewish Appeal on the day of the attack. Toronto police said the incident is being “actively investigated by the service’s Hate Crime Unit.”
In Montreal, a surge in hate-crime cases has been recorded since 7th October, with police adding the most recent incidents to a list of another 41 targeting Jewish people and 14 targeting Arab-Muslim communities. As shown by a recent survey from the Angus Reid Institute—a not-for-profit, non-partisan public opinion research foundation in Canada—a majority of Canadians believe both antisemitism and Islamophobia are problems in the country.
There is a growing global concern about the increasing trend of attacks, punishment, and restrictions on freedom of expression and peaceful assembly faced by people who speak out in support of the victims of the Israel-Palestine conflict. In this vein, in November 2023, four United Nations Experts expressed concerns about the global wave of attacks, reprisals, criminalisation and sanctions against those who publicly express solidarity with the victims of the ongoing conflict between Israel and Palestine:
“Calls for an end to the violence and attacks in Gaza, or for a humanitarian ceasefire, or criticism of Israeli government’s policies and actions, have in too many contexts been misleadingly equated with support for terrorism or antisemitism. This stifles free expression, including artistic expression, and creates an atmosphere of fear to participate in public life.”
The experts also underscored that there is “a highly disturbing trend to criminalise and label pro-Palestinian protests as ‘hate protests’ and to pre-emptively ban them, often citing risks to national security, including risks related to incitement to hatred, without providing evidence-based justification.”
UN experts alarmed at the worldwide wave of attacks, reprisals, criminalisation & sanctions against those who publicly express solidarity w/ the victims of the ongoing conflict between #Israel & #Palestine: “Speaking out on Gaza/Israel must be allowed”.https://t.co/xuaUfWZpvd pic.twitter.com/5e5fbi4sqL
— UN Special Procedures (@UN_SPExperts) November 23, 2023
Attempts to ban children and young-adult books in some Ontario schools
On 9th November, the Writers’ Union of Canada (TWUC) expressed concern over “the apparent shadow-banning of a subset of books shortlisted for the Forest of Reading Awards, specifically those dealing with LGBTQIA2S+ family situations”. TWUC said that the Waterloo Catholic District School Board (WCDSB) has placed significant access restrictions on these books, citing a lack of alignment with the Family Life curriculum. The books in question have been classified as "PRO" (professional), meaning they are not immediately available to students in WCDSB classrooms and may never be made available.
TWUC has argued that this decision is a form of censorship and is in violation of the principles of inclusivity and diversity. The union is calling for the WCDSB to reconsider its decision and ensure that all students have access to a diverse range of literature, regardless of their background or identity. “It’s truly heartbreaking to me that there are children in the Waterloo school system who may never even know that I wrote this book for them,” says Danny Ramadan, one of the authors immediately affected by this apparent WCDSB policy. “It’s a personal, meaningful, and truly joyful story. As a queer immigrant who came to Canada seeking refuge and escaping homophobia, it breaks my heart to see my little book limited in such a way. My heart aches for my book, and for its potential readers.”
Similarly, on 13th November, the Ontario Library Association (OLA) and Forest of Reading declared that book challenges and censorship are a growing concern in Canada, particularly in schools. Restricting access to books that reflect LGBTQIA2S+ (people who are lesbian, gay, bisexual, transgender and/or gender expansive, queer and/or questioning, intersex, asexual, and two-spirit) perspectives or have diverse characters can create an unsafe environment for some children by erasing their history and experiences. “All young Canadians are guaranteed freedom of expression, the right to access information, and the right to be protected from discrimination under provincial, federal and international law.”
TWUC is deeply concerned about the apparent shadow-banning of LGBTQIA2S+ books shortlisted for the @ForestofReading Awards. According to a memo from the @WCDSBNewswire, significant access restrictions have been placed by the WCDSB on Children's & YA books. https://t.co/UjuW0jRjZ3
— TWUC (@twuc) November 9, 2023
Peaceful Assembly
Israel-Palestine conflict sparks massive demonstrations across Canada
As previously reported by the CIVICUS Monitor, since October 2023, thousands have demonstrated in support of both Palestine and Israel in major cities throughout Canada. Most of them have taken place peacefully weekly since November, demanding a ceasefire in Gaza. Some of the higher-profile protests include:
On 4th November, thousands of pro-Palestinian demonstrators marched during a rally across Canada. In Toronto, people gathered outside the US Consulate General and marched in downtown to show solidarity with Palestinians in the Gaza Strip. “There's nowhere that's safe in Palestine right now. Our politicians need to represent our voice, which is [why] there needs to be an immediate ceasefire,” said Dalia Awwad, a member of the youth movement in Toronto.
On 8th November, a rally took place at the Concordia University campus. According to the police, clashes between Pro-Palestinian and Pro-Israel students were reported, resulting in at least two young people being injured and one 22-year-old-woman arrested for assaulting a 54-year-old security guard.
On 9th November, a pro-Palestinian peaceful protest was held at Toronto’s Union Station and was organised by the “Jews Say No to Genocide” coalition. Members of the Palestinian Youth Movement, and others, also participated in the protest. On the same day, at least seven people were detained during a sit-in at Prime Minister Justin Trudeau’s office as part of a protest demanding a ceasefire in solidarity with Palestine.
Pro-Palestine protesters interrupted a literary award ceremony held by Scotiabank on 13th November. The protesters infiltrated the event, stood on stage and held signs reading, “Scotiabank funds genocide”, as well as signs highlighting Scotiabank’s investment in Israel-based arms manufacturer Elbit Systems, with one reading, “Elbit Systems is supplying the Israeli military’s genocide against the Palestinian People.” The protesters were quickly removed by security and the ceremony continued.
On 14th November, a crowd of 250 people gathered outside a restaurant in Vancouver where Prime Minister Justin Trudeau was dining. Protesters called for a ceasefire and held Palestinian flags. 100 police were deployed to escort the Prime Minister safely away from the crowd, and two arrests were made after the police clashed with protesters. One police officer was assaulted and taken to a hospital after being punched in the face and having her eyes gouged by a protester, which led to one of the arrests. Another protester was arrested for obstructing police. "When protests occur, our primary role is to maintain order, to facilitate a peaceful environment for people to express themselves, and to respond to unlawful behaviour if it occurs," said a police force representative. After Trudeau left the restaurant, protesters dispersed.
On 16th November, hundreds of people gathered in protest in Montreal outside Concordia University to denounce the rise of antisemitism on college campuses following the Israel-Palestine conflict. The rally followed altercations between pro-Israel and pro-Palestine supporters on Concordia’s campus the previous week, which had led to one arrest and two non-students being banned from the school. Protesters at the rally brandished Israeli flags, sang songs and displayed pictures of the hostages with messages of support such as “Antisemitism is not a Jewish problem, it is everybody’s problem.”
On the same day, the Jacques Cartier Bridge in Montreal was closed for about an hour after dozens of demonstrators blocked all the lanes, calling for a ceasefire. The protesters published online that their blockade was due to “Canada’s complicity and support for Israeli apartheid, including a major increase in military exports, direct military support, ongoing diplomatic support and opposing the International Criminal Court’s prosecution of Israel for the crimes against humanity of apartheid and persecution.” The blocked bridge reportedly caused delays for Montreal-bound commuters.
On 25th November, thousands of people marched in Ottawa to demand a permanent ceasefire in Gaza and that the Canadian government take a firmer stance on the conflict. This protest came two days after a parliamentary e-petition urging Prime Minister Justin Trudeau to demand a ceasefire garnered the most signatures since the petitions began in 2015.
On 4th December, thousands rallied in Ottawa calling for the return of the hostages in Gaza and called out rising antisemitism and hate directed at Canadian Jewish communities. Families of those held hostage in Israel, or who were killed on 7th October in the Hamas attacks, also spoke at the rally: “Together as Canadians let’s send a powerful message that we will never tolerate terror. We will not allow Jew hatred to foster in our society. And that we will work tirelessly for a world where every life is valued, and every person can live without fear. We will continue to speak up and rally against injustice. May we find strength, unity and peace,” said Raquel Look, the mother of Alexandre Look, who died in the Nova music festival massacre.
Protests regarding LGBTQI+ rights continue
Protests over LGBTQI+ rights continued across Canada, which have centred around gender education and parental rights in schools. As previously reported by CIVICUS Monitor, these demonstrations have been ongoing since September 2023.
On 21st October, a group of 150 people gathered outside the Winnipeg city hall to protest against LGBTQI-inclusive education and sex-ed policies in schools, arguing that it is the parents’ right to educate their children on gender and sexuality rather than the schools’. "We send our kids to the school so that they can get the education on science, mathematics or English, other subjects, but not for the SOGI [sexual orientation and gender identity] curriculum," said one protester. A counter-protest took place at the same time in Winnipeg—outside the Manitoba Legislature—where a group of several dozen gathered in support of the curriculum that they believe is inclusive and supportive of at-risk youth.
As covered before, on 20th October, the Saskatchewan government passed the Parents’ Bill of Rights or Bill 137, which requires parental consent if transgender and nonbinary students under 16 want to change their names or pronouns in school across Saskatchewan province. The controversial bill was passed into law after the Saskatchewan government used a constitutional override after the law was stalled after an earlier court decision. Bill 137 follows a similar bill that was passed in New Brunswick province earlier this year.
On 28th October, hundreds—including students and parents—gathered in Saskatchewan cities Saskatoon, Regina and Lloydminster, protesting against Bill 137. LGBTQI+ advocates argue that homes are not always a safe space for LGBTQI+ children, and that their schools need to offer protections. Blake Tait, an organiser at a Saskatoon rally, said: “Children deserve a space where they feel safe, included and affirmed.”
Proposed tuition increase sparks student protests in Quebec
On 30th October, hundreds of university students peacefully marched in Montreal in protest against the Quebec government’s proposed tuition hike, which would double the cost of out-of-province students attending English universities in Quebec starting in the fall 2024 semester. The proposal was announced last month and was justified by the provincial government by claiming the need to promote the French language in Quebec and better support the French-speaking universities. Students marched chanting: “Education is a right, not just for the rich and white,” with many feeling as if they are being pushed out of the province.
Half a million public sector workers strike in Quebec—second-most populous province— following almost year-long negotiations
Numerous unions’ workers went on strike throughout November and December 2023 to demand better wages and working conditions, with over half a million workers—more than 6% of the province’s population—participating in strikes across the province, which mainly centred in Montreal.
The first strike occurred on 6th November, where 420,000 public sector workers went on strike across Quebec amid contract negotiations. The workers, rallied under a “common front of public sector unions” representing jobs across the health, social services and education sectors, called for a quick settlement with improved terms.
Union leaders dismissed the government’s offer made in late October, which tabled a 10.3 percent average salary increase over five years. Instead, union leaders were asking for a 20 percent increase over three years, which they say matches the rate of inflation. Francois Lukawecki, a music teacher, said, “The government has shown no interest in making movement or making a reasonable offer. And the government has known that we’d have to strike and has pushed us to this point, and I think that’s shameful.”
After a deal failed to progress, the workers continued their strike for another three days from 23rd-26th November. Union leaders indicated they would plan further strikes in December until a deal is made.
Joining the common front unions in striking throughout November was the largest nurses’ union in Quebec, the Fédération interprofessionnelle de la Santé du Québec (FIQ), which represents 80,000 nurses in the province. FIQ went on strike on 8th and 9th November, and again on 23rd and 24th November, with striking workers largely gathering in Montreal. In addition to improved salaries for nurses, FIQ is seeking better protections for safe nurse-patient ratios and stability in job assignments, as many nurses complain that the government wants the right to transfer nurses between healthcare centres whenever necessary.
Despite nurses and other healthcare workers going on strike, hospitals across Quebec maintained essential services, such as emergency rooms. FIQ threatens an unlimited strike if a deal is not made with Quebec officials by Christmas.
Les professionnelles en soins de la Mauricie Centre-du-Québec se mobilisent, depuis février, pour dénoncer les conditions de travail imposées par leur employeur. En + des journées de #grève nat, elles ont voté un mandat local pour une journée de grève additionnelle! #manifencours pic.twitter.com/eszbZvFDhf
— FIQ Santé (@FIQSante) November 25, 2023
Also, on 23rd November, an additional 65,000 elementary and high school teachers represented by the Fédération Autonome de L'enseignement (FAE) launched an “unlimited strike” with no proposed end date. Striking teachers gathered in protest in Montreal, while thousands of teachers walked out of their jobs, causing mass shutdowns of public schools across the province. The FAE is negotiating with the Quebec government separately from the common front group of unions.
Many teachers have gone on strike not only for improved wages, but because of large class sizes and lack of resources, especially for special needs students. “We have very little or no help whatsoever,” said Zsolt Szaktilla, a teacher in Montreal. Nearly 1.2 million students are at home because of school closures as a result of both the FAE and common front teacher strikes.
Negotiations between the unions and the Quebec government are ongoing, with Quebec Premier François Legault saying he is willing to increase the government’s monetary offer in exchange for more “flexibility” from the unions in the area of working conditions, addressing areas such as staffing shortages. However, numerous workers told local news outlet CBC that pay increases were secondary to improved working conditions, where teachers and nurses are desperate for more manageable workloads, smaller class sizes, and fewer patients.
Workers accuse former employer of layoffs due to unionisation efforts
On 7th November, former employees of Keywords Studios protested in Edmonton, Canada, calling for improved working conditions for video game industry workers. The workers were laid off by Keywords Studios in September of this year during negotiations for an initial collective bargaining agreement, and now the former employees contest that their contracts were terminated due to their efforts to unionise and advocate for better conditions and benefits.
Chris O’Halloran, the executive director of United Food and Commercial Workers, the union which represents the former employees, said, "Keywords has chosen to union-bust and laid all the workers off, saying 'We have no more work for you.' Meanwhile, their website has hundreds of postings out there right now." The former Keywords Studios workers who joined United Food and Commercial Workers became the first video game industry workers in Canada to unionise and have recently filed an unfair labour practice complaint with the Alberta Labour Relations Board regarding their layoff.
We're visiting the #Bioware / Keywords @ufcw401 at noon today at the to show solidarity at their picket line at the Epcor Tower at noon! #ablabour #ufcw
— Alberta Federation of Labour (@ABFedLabour) November 7, 2023
ICYMI, here's what happened last time we were there: pic.twitter.com/YWm0iCH62f
Hamilton bus drivers on strike
On 9th November, bus drivers from the City of Hamilton, Ontario, went on strike for a week to demand wage increases and working condition improvements. During their strike, workers shared their experiences about the financial hardships they faced, and said they wanted better working conditions, including more frequent washroom breaks. According to the Amalgamated Transit Union (ATU), members had been negotiating with their employer since early 2023 and had been without a contract since December 2022.
A week later, the ATU ratified their tentative agreement with the City of Hamilton:
Congrats to our Local 107-Hamilton, ON, on reaching a tentative agreement. #ATUStrongerTogether #canlab @OFLabour pic.twitter.com/iVGXjfqxED
— ATU, Transit Union (@ATUComm) November 16, 2023
Association
Silencing solidarity: activists and journalists face reprisals for pro-Palestine views
People expressing solidarity with Palestine have been targeted with reprisals, including activists and journalists who have been dismissed or suspended from their jobs. On 17th October 20223, Global News dismissed journalist Zahraa Al-Akhrass, over social media posts expressing her critical views on Israel’s violence in Gaza. A month later, the University of Ottawa temporarily suspended Yipeng Ge, a physician, over social media statements that referenced ‘apartheid’ and ‘settler colonialism’.
Lawmakers to ban replacement workers during strikes
On 9th November, the House of Commons of Canada introduced Bill C-58, which would ban replacement workers during strikes and lockouts at federally regulated workplaces. It would amend the Canada Labour Code and the Canada Industrial Relations Board Regulations from 2012, including:
- Amend the scope of the prohibition relating to replacement workers by removing the requirement of demonstrating a purpose of undermining a trade union’s representational capacity, by adding persons whose services must not be used during legal strikes and lockouts and by providing certain exceptions.
- Ban employers from using - during a legal strike or lockout intended to involve the cessation of work by all employees in a bargaining unit - the services of an employee in that unit, subject to certain exceptions.
- Make the contravention by employers of either of those prohibitions an offence punishable by a fine of up to $100,000 per day.
- Authorise the Governor in Council to make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with those prohibitions.
- Amend the maintenance of activities process in order to, among other things, encourage employers and trade unions to reach an earlier agreement respecting activities to be maintained in the event of a legal strike or lockout, encourage faster decision-making by the Canada Industrial Relations Board when parties are unable to agree and reduce the need for the Minister of Labour to make referrals to the Board.
Replacement workers, also known as “scab workers'', are seen by many unions as a tactic that undermines the collective bargaining position of workers by allowing companies to bypass the disruptions caused by strikes. Meanwhile, companies argue replacement workers are necessary, claiming that there is little incentive for labour unions to take a seat at the negotiating table without replacement workers.
Lawmakers, such as Jagmeet Singh, whose National Democratic Party (NDP) spearheaded the bill, see this as an important victory for protecting workers. “After decades of battle, after decades of fighting, we are finally going to see a government bill that we forced to make happen, that's going to ban scab workers in our country."
Criminalisation and unlawful surveillance against Wet’suwet’en land defenders
On 11th December, Amnesty International launched a report about the years-long violence and persecution against Indigenous Wet’suwet’en land defenders. As previously reported in 2020 and 2023 by the CIVICUS Monitor, they were resisting the construction of a Coastal GasLink (CGL) liquified natural gas pipeline project in British Columbia, through their unceded ancestral territory without their free, prior and informed consent.
“Removed from our land for defending it: Criminalization, Intimidation and Harassment of Wet’suwet’en Land Defenders,” is a report that examines the human rights violations against members of the Wet'suwet'en First Nation and environmental activists by the authorities of Canada and British Columbia, as well as the corporations building the pipeline and a private security firm contracted.
In particular, it found that land defenders were arbitrarily detained for exercising their indigenous rights and their right to freedom of peaceful assembly:
- Under the argument of enforcing the injunction, Canada and British Columbia, through the Royal Canadian Mounted Police (RCMP) have, and continue to, harass, intimidate, unlawfully surveil and criminalize Wet’suwet’en land defenders and their supporters.
- These actions form part of a concerted effort by the State to remove Wet’suwet’en land defenders from their territory for construction of the pipeline to proceed. These actions have also resulted in ongoing violations of the rights of the Wet’suwet’en land defenders and their supporters, including the right to life, security of the person, liberty, privacy, non-discrimination, cultural rights and Indigenous rights.
- Violations of the rights to be free from racial and gender-based discrimination and violence were reported, as Wet’suwet’en land defenders are targeted because they are Indigenous and because they are women.
- Private companies have played a role in the unlawful surveillance, intimidation and harassment of Wet’suwet’en land defenders, thus failing to respect their human rights.
Land defenders protecting Wet’suwet’en territory face criminal charges after defending the land from the construction of a pipeline they did not consent to. In our new report, we urge BC Attorney General @NikiSharma2 to drop the charges ⬇️ @Gidimten https://t.co/LPz0we60fX
— Amnesty International (@amnesty) December 11, 2023