On November 13, 2023, Javier Dávila, a Student Equity Adviser for the Toronto District School Board (TDSB), was suspended by the board and placed under investigation after publicly criticizing pro-Israel group the Centre for Israel and Jewish Affairs (CIJA) on social media for spreading misinformation about students from Marc Garneau Collegiate Institute.[i] CIJA had falsely accused the students of making antisemitic remarks during a rally, alleging that one student shouted "Judah, Judah, you can't hide," which they portrayed as a highly antisemitic term directed at Jews.[ii] Javier Dávila defended the students by challenging the accuracy of CIJA’s accusations, pointing out that the students were actually chanting "Trudeau, Trudeau, you can't hide,"[iii] addressing Canadian Prime Minister Justin Trudeau and criticizing his response to Israel’s actions in Gaza, and not making any remarks directed at Jewish individuals or expressing antisemitic sentiments.
Dávila took to social media to underscore the students' right to protest and share their perspectives on the Palestine cause, emphasizing the necessity of distinguishing legitimate criticism of the Canadian government's policies from antisemitism.[iv] In response, Dávila says that the TDSB has accused him of "serious misconduct" and that his actions have been deemed as whistleblowing. [v] This led to further probes and punitive actions against him, including a "home assignment" that effectively isolated him, casting a shadow of presumed guilt.[vi]
Why is this incident considered Anti-Palestinian Racism (APR)?
The incident involving Javier Dávila's suspension by the Toronto District School Board (TDSB) aligns with the Arab Canadian Lawyers Association (ACLA)'s definition of anti-Palestinian racism as it "silences, excludes, erases, stereotypes, defames or dehumanizes Palestinians or their narratives."[vii] Specifically, Dávila's punitive treatment for advocating for Palestinian rights and attempting to bring Palestinian narratives into educational discussions embodies the silencing and excluding aspects of this racism. Furthermore, it reveals the systemic nature of APR. His suspension for criticizing misinformation and advocating for the recognition of Palestinian struggles demonstrates how institutional actions can contribute to "erasing the human rights and equal dignity and worth of Palestinians" by marginalizing those who seek to acknowledge Palestinians' collective identity, rights, and history. Moreover, the backlash he faced, including being labeled as ‘problematic’ or inherently antisemitic for his pro-Palestinian stance, is a direct manifestation of how "defaming Palestinians and their allies with slander such as being inherently antisemitic, a terrorist threat/sympathizer or opposed to democratic values" operates within educational and public spheres, thereby confirming the incident as a form of APR.[viii]
Moreover, this incident reveals the mechanisms through which institutional policies and practices can contribute to the erasure and suppression of Palestinian perspectives. By labeling Dávila’s actions as problematic and subjecting him to repeated investigations, the TDSB inadvertently aligned itself with efforts to equate pro-Palestinian advocacy with antisemitism, a common tactic used to discredit and silence critics of Israeli policies. This not only denies the complex realities of the Israeli-Palestinian conflict but also ignores the historical and ongoing struggles of the Palestinian people, and the settler colonial nature of Israel. The targeting of Dávila, therefore, reflects a larger pattern of APR that seeks to erase Palestinian suffering and rights from educational discourses, undermining efforts to achieve a fair and just resolution to the conflict.
Additional Background to the Incident
Dávila is deeply engaged in anti-oppression work and advocacy for Palestinian human rights, and has encountered significant retaliation from the TDSB tied to his commitment. This incident illustrates the TDSB's preference for maintaining its relationship with pro-Israeli groups over safeguarding student welfare. The board's refusal to counteract the racism and harassment reported against students, coupled with their indefinite suspension of Dávila, starkly highlighted the backlash he faced for his advocacy.
Dávila’s situation underscores a larger difficulty of advocating Palestinian rights within educational settings, defending students from anti-Palestinian discrimination, and upholding justice and human rights. Remarkably, this was the fourth suspension for Dávila by the TDSB over recent years for promoting Palestinian rights, even though he was exonerated in all prior investigations related to his activism. The TDSB has not provided a public rationale for his 2023 suspension.
Therefore, Javier Dávila is planning to submit a third complaint to the Human Rights Tribunal of Ontario (HRTO) targeting the Toronto District School Board (TDSB) for discrimination and retaliation, a move prompted by his 2023 suspension that extended into 2024. This action complements his 2022 defamation lawsuit against B’nai Brith Canada and its CEO[ix] after he was suspended in 2021 for his pro-Palestine actions and advocacy.[x] These legal endeavors arise from a series of suspensions and investigations Dávila faced at the hands of the TDSB, coupled with allegations from pro-Israel advocacy groups, all of which have markedly affected his career and personal well-being. By pursuing these legal avenues, including lodging complaints with the HRTO, Dávila aims to confront and rectify the prejudicial treatment and retaliatory actions he has encountered in the educational sector.[xi]
Resolution;
As of the time of this report, the TDSB had not commented publicly on Dávila's suspension.
Last Updated
2024-04-04
[i] Mastracci, D., “A List Of Some People In Canada Fired For Pro-Palestine Views,” Nov. 10, 2023 plus subsequent updates, The Maple, accessed Mar. 4, 2024 at https://www.readthemaple.com/a-list-of-some-peoplein-canada-fired-for-pro-palestine-views/
[ii] Rothman, J., “Toronto school board employee Javier Dávila is under investigation again—this time for comments he made on social media,” Nov, 16, 2023, The Canadian Jewish News, accessed Apr, 4, 2024 at https://thecjn.ca/news/toronto-school-board-employee-javier-davila-is-under-investigation-again-this-time-for-comments-he-made-on-social-media/
[iii] Levy, S.A., “LEVY: Antisemitism is running rampant in Canadian schools,” Nov, 16, 2023, True North, accessed Apr, 4, 2024 at https://tnc.news/2023/11/16/levy-antisemitism-rampant-canadian-schools/
[iv] Rothman, J., “Toronto school board employee Javier Dávila is under investigation again—this time for comments he made on social media,” Nov, 16, 2023, The Canadian Jewish News, accessed Apr, 4, 2024 at https://thecjn.ca/news/toronto-school-board-employee-javier-davila-is-under-investigation-again-this-time-for-comments-he-made-on-social-media/
[v] Mastracci, D., “A List Of Some People In Canada Fired For Pro-Palestine Views,” Nov. 10, 2023 plus subsequent updates, The Maple, accessed Mar. 4, 2024 at https://www.readthemaple.com/a-list-of-some-people- in-canada-fired-for-pro-palestine-views/
[vi] Supporters for Justice and Peace, “LEGAL COSTS for Javier Davila to CLEAR HIS NAME,” accessed Apr 4, 2024 at https://www.gofundme.com/f/justiceforjavier-legal-costs-for-human-rights
[vii] Arab Canadian Lawyers Association, “Anti-Palestinian Racism: Naming, Framing and Manifestations,” Apr. 25, 2022, accessed Mar. 4, 2024 at https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming%2C+Framing+and+Manifestations.pdf
[viii] Arab Canadian Lawyers Association, “Anti-Palestinian Racism: Naming, Framing and Manifestations,” Apr. 25, 2022, accessed Mar. 4, 2024 at https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming%2C+Framing+and+Manifestations.pdf
[ix] Barrows-Friedman, N., “Canadian teacher sues Israel lobby group,” Feb, 20, 2022, The Electronic Intifada, accessed Apr, 4, 2024 at https://electronicintifada.net/blogs/nora-barrows-friedman/canadian-teacher-sues-israel-lobby-group
[x] Moscrop, D., “Opinion A Toronto educator is being attacked for standing up for Palestinians,” Jun, 1, 2021, The Washington Post, accessed Apr 4, 2024 at https://www.washingtonpost.com/opinions/2021/06/01/canada-israel-tdsb-javier-davila-cancel-culture-education-moscrop/
[xi] Supporters for Justice and Peace, “LEGAL COSTS for Javier Davila to CLEAR HIS NAME,” accessed Apr 4, 2024 at https://www.gofundme.com/f/justiceforjavier-legal-costs-for-human-rights