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On October 20, 2023, more than 70 students from Lincoln Alexander School of Law (LASL) at the Toronto Metropolitan University (TMU) published an open letter declaring support for “all forms of Palestinian resistance” and emphasized the role of Israeli oppression and apartheid in culminating the Hamas attack on October 7, 2023.[1]  Among other things, the letter demanded that TMU reverse its neutral position on Israel-Palestine which “implicitly denies colonialism and upholds racism and Islamophobia.”[2]

On October 20, 2023, more than 70 students from Lincoln Alexander School of Law (LASL) at the Toronto Metropolitan University (TMU) published an open letter declaring support for “all forms of Palestinian resistance” and emphasized the role of Israeli oppression and apartheid in culminating the Hamas attack on October 7, 2023.[1]  Among other things, the letter demanded that TMU reverse its neutral position on Israel-Palestine which “implicitly denies colonialism and upholds racism and Islamophobia.”[2]

On October 23, 2023, the LASL released a statement announcing that the letter “does not represent the views of our law school or the many students, faculty staff and community members that are committed to upholding our values of inclusivity, dignity, and respect.”[3] They also claimed that they “unequivocally condemn the sentiments of Antisemitism and intolerance expressed”[4] in the letter. Furthermore, LASL’s statement emphasized that they do not condone any statements that “promote violence, terrorism, discrimination, racism, and hate.”

Following the publication of the letter, many of the students received emails and private messages with hate speech, harassment, and death threats.[5] Due to this, the letter was removed from the internet.[6] The students have also faced professional censorship consequences by Toronto law firms and the Ontario Ministry of the Attorney General.[7]

Why is this incident considered Anti-Palestinian Racism (APR)?

The Arab Canadian Lawyers Association (ACLA) defines Anti-Palestinian Racism (APR) as the attempt to defame Palestinians with slander such as being inherently antisemitic.[8] To characterize the Open Letter issued by the law students at LASL as “antisemitic” and “intolerant” is unfair and inaccurate. The open letter did not incite violence or hate towards any individual or group based on their religious belief, ethnicity, or race. Rather, the students centred their criticism on Israel’s oppression, apartheid, and settler colonialism. The decision by the LASL to label such criticism of Israel as “antisemitic” may reflect the influence of the controversial IHRA definition[9] that is supported by pro-Israel lobby groups. This definition, however, has been criticized by many civil society organizations as an overall strategy to silence legitimate criticism of Israel and its war crimes.[10] Therefore, the censorship that the students have faced demonstrates the consequences both Palestinians and their allies experience when freely expressing their opinions on Israel.

The LASL’s characterization of the Open Letter as a promotion of violence based on the students’ support for Palestinian resistance or their explanation of the Hamas attack is baseless and another form of APR. As per the ACLA definition of APR, this accusation attempts to “defame Palestinians and their allies with slander such as being a […] terrorist threat/sympathizer.” The Open Letter did not justify or celebrate Hamas’ attack but sought to explain that such an attack does not in a vacuum but rather due to Israel’s historic and ongoing war crimes and occupation.[11] Moreover, the students’ support for “all forms of Palestinian resistance” by no means justifies or promote violence, considering that resistance can be diplomatic, economic, or armed.[12]  It is also worth noting that international law does sanction armed resistance by groups seeking “liberation from colonial and foreign domination and foreign occupation.”[13] 

Additional Background to the Incident

As early as October 23 pro-Israel lobby groups were pressuring TMU to expel the students[14] and in early November, a group of over twenty Toronto-based lawyers issued a letter to TMU President Mohamed Lachemi and Dean of LASL Donna Young criticizing the Open Letter.[15] In their letter, the lawyers falsely suggested that the Open Letter by the law students was a “hate-filled incitement to violence against Israel and the Jewish people.” They also falsely asserted that the students endorsed rape, torture, murder and the kidnapping of children and the elderly. In their letter, the lawyers warned that if TMU did not take further action then “professional placements offered by the legal community to help students fulfil curriculum requirements would be at risk.”[16] Similarly, on October 26^th, a group of legal tech founders representing sixteen companies expressed their dissatisfaction with TMU’s response to the Open Letter, claiming that they were re-evaluating their relationship with TMU and the LASL.[17]

On October 27^th, TMU announced that it would conduct a formal and external review regarding the Open Letter issued by the LASL students. The review is conducted by retired Chief of Justice Michael MacDonald who will determine whether the students breached university policy including the Student Code of Non-Academic Conduct.[18] On November 30^th, the University revealed that MacDonald would meet with affected members and students who signed the Open Letter. A formal report would be issued to the University once the review was complete.[19] 

In November, a group of more than 700 lawyers, academics, and legal organizations including the Legal Centre for Palestine and the Arab Canadian Lawyers Association drafted an open letter in support of the students. They expressed alarm at the attempts by lawyers and law firms to blacklist pro-Palestine legal professionals, by “bullying and defaming” those who support Palestine and “encouraging they be fired for their pro-Palestinian advocacy.” The signatories also claimed that they “reject the notion that it is antisemitic, hateful, or illegitimate to contextualize the October 7^th, 2023, attack” and that the censorship of the students represents a “chilling effect on freedom of expression and academic freedom.”

In December, the Ontario Ministry of the Attorney General surreptitiously adopted a policy that would screen current or upcoming TMU students employed by the ministry for their pro-Palestine support. They developed a form that students would be required to sign claiming that “they did not join an open letter in solidarity with Palestine.”[20] The students were made to attest that if they had signed the open letter, they could face revocation of a job offer and possibly be dismissed from employment with the Ministry.[21] The Ministry sought to justify its policy as a way to ensure its workplace is “free of all forms of discrimination” including “Islamophobia and antisemitism.”

On January 16, 2024, a joint statement was made by the TMU Graduate Student Union, Association of Part-time Students and Faculty Association expressing alarm about TMU’s external review of the Open Letter. In their letter, they stated that the Administration’s actions had curbed “the free exchange of ideas and speech on campus,” undermining the University’s stated values.[22] The statement also emphasized that the external review sends a message of “suppression and threat” to students and workers “engaging in the free exchange of ideas on campus.”

Resolution

At the publication of this Incident Report, there is no publicly available information from TMU about the external review.

Last Updated

2024-03-20

[1] Chaudhary, K. “Ontario government screened law students who signed pro-Palestine letter,” Dec. 21, 2023, The Breach, accessed Mar. 18, 2024 at https://breachmedia.ca/ontario-government-screened-law-students-who-signed-pro-palestine-letter/

[2] Lavoie, J. “TMU students face criticism over open letter on Israel-Hamas war,” Oct. 24, 2023, CTV News, accessed Mar. 18, 2024 at https://toronto.ctvnews.ca/tmu-students-face-criticism-over-open-letter-on-israel-hamas-war-1.6615298

[3] Toronto Metropolitan University, “Lincoln Alexander School of Law’s statement in response to the Open Letter,” media release, Oct. 23, 2023, https://www.torontomu.ca/law/news-events/2023/10/lincoln_alexander_school_of_laws_statement_in_response_to_the_open_letter/

[4] Toronto Metropolitan University, “Lincoln Alexander School of Law’s statement in response to the Open Letter,” media release, Oct. 23, 2023, https://www.torontomu.ca/law/news-events/2023/10/lincoln_alexander_school_of_laws_statement_in_response_to_the_open_letter/

[5] Sealy-Harrington, J, “How anti-Palestinian racism led to a ‘crisis’ at TMU’s law school,” Feb. 26, 2024, Ricochet Media, accessed Mar. 19, 2024 at https://ricochet.media/justice/equality/how-anti-palestinian-racism-led-to-a-crisis-at-tmu-law-school/

[6] Chaudhary, K. “Ontario government screened law students who signed pro-Palestine letter,” Dec. 21, 2023, The Breach, accessed Mar. 18, 2024 at https://breachmedia.ca/ontario-government-screened-law-students-who-signed-pro-palestine-letter/

[7] Chaudhary, K. “Ontario government screened law students who signed pro-Palestine letter,” Dec. 21, 2023, The Breach, accessed Mar. 18, 2024 at https://breachmedia.ca/ontario-government-screened-law-students-who-signed-pro-palestine-letter/

[8] Anti-Palestinian Racism: Naming, Framing and Manifestations,” April 25, 2022, Arab-Canadian Lawyers Association, accessed Mar. 12, 2024 at https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming%2C+Framing+and+Manifestations.pdf

[9] Aziz, Sahar and Jonathan Hafetz, “How a Leading Definition of Antisemitism Has Been Weaponized Against Israel’s Critics,” Dec. 27, 2023, The Nation, accessed Mar. 20, 2024 at https://www.thenation.com/article/society/ihra-definition-antisemitism/

[10] Aziz, Sahar and Jonathan Hafetz, “How a Leading Definition of Antisemitism Has Been Weaponized Against Israel’s Critics,” Dec. 27, 2023, The Nation, accessed Mar. 20, 2024 at https://www.thenation.com/article/society/ihra-definition-antisemitism/

[11] Sealy-Harrington, J, “How anti-Palestinian racism led to a ‘crisis’ at TMU’s law school,” Feb. 26, 2024, Ricochet Media, accessed Mar. 19, 2024 at https://ricochet.media/justice/equality/how-anti-palestinian-racism-led-to-a-crisis-at-tmu-law-school/

[12] Sealy-Harrington, J, “How anti-Palestinian racism led to a ‘crisis’ at TMU’s law school,” Feb. 26, 2024, Ricochet Media, accessed Mar. 19, 2024 at https://ricochet.media/justice/equality/how-anti-palestinian-racism-led-to-a-crisis-at-tmu-law-school/

[13] Palestinians and the Right to Resist, August 2023, CJPME, accessed Mar. 20, 2024, at https://www.cjpme.org/fs_236

[14] For example, the right-wing pro-Israel lobby group B’nai B’rith released a statement calling on TMU to expel the students who signed the letter, claiming that they condoned terrorism.

[15] Hurley, J. “Legal community calls out the backlash against TMU law students behind pro-Palestinian letter,” Nov. 6, 2023, Toronto Star, accessed Mar. 19, 2024 at https://www.thestar.com/news/gta/legal-community-calls-out-the-backlash-against-tmu-law-students-behind-pro-palestinian-letter/article_f7ef4702-cef3-5ddc-a663-00ca7e4b8d33.html

[16] Hurley, J. “Legal community calls out the backlash against TMU law students behind pro-Palestinian letter,” Nov. 6, 2023, Toronto Star, accessed Mar. 19, 2024 at https://www.thestar.com/news/gta/legal-community-calls-out-the-backlash-against-tmu-law-students-behind-pro-palestinian-letter/article_f7ef4702-cef3-5ddc-a663-00ca7e4b8d33.html

[17] Macnab, A. “TMU hires former chief justice to review law school students’ open letter on Hamas attack, Israel,” Nov. 8, 2023, Law Times, accessed Mar. 20, 2024 at https://www.lawtimesnews.com/resources/legal-education/tmu-hires-former-chief-justice-to-review-law-school-students-open-letter-on-hamas-attack-israel/381231

[18] Toronto Metropolitan University, “TMU to undertake review of recent events, increase supports for the community,” media release, Oct. 27, 2023, https://www.torontomu.ca/news-events/news/2023/10/tmu-to-undertake-review-of-recent-events-increase-supports/

[19] Toronto Metropolitan University, “Update on external review on open letter posted by TMU students,” media release, Nov. 30, 2023, https://www.torontomu.ca/news-events/news/2023/10/tmu-to-undertake-review-of-recent-events-increase-supports/

[20] Chaudhary, K. “Ontario government screened law students who signed pro-Palestine letter,” Dec. 21, 2023, The Breach, accessed Mar. 20, 2024 at https://breachmedia.ca/ontario-government-screened-law-students-who-signed-pro-palestine-letter/

[21] Chaudhary, K. “Ontario government screened law students who signed pro-Palestine letter,” Dec. 21, 2023, The Breach, accessed Mar. 20, 2024 at https://breachmedia.ca/ontario-government-screened-law-students-who-signed-pro-palestine-letter/

[22] Toronto Metropolitan Faculty Association, “Statement on free speech at TMU,” media release Jan. 16, 2024, https://www.tfanet.ca/statement-on-free-speech-at-tmu/