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Saturday, August 31, 2024

Instead of Ignoring Trans Rights at DNC, Dems Should’ve Vowed to Protect Them

Democrats seem to think that the issue — which carries life-or-death stakes — is too divisive to address.
PublishedAugust 30, 2024
Democratic presidential nominee and Vice President Kamala Harris celebrates with her family onstage after accepting the party's nomination on Day 4 of the Democratic National Convention at the United Center on August 22, 2024, in Chicago, Illinois.
Kent Nishimura - Pool / Getty Images; Edited: Truthout

Idon’t want to mince words: Transgender people in the United States are facing an existential threat. You’ve likely heard the numbers, but they are disturbing enough to bear repeating. In 2024 alone, Republicans have introduced more than 640 bills targeting the civil rights of trans people, with four months of the year left to go. It’s a record-breaking amount of anti-trans legislation, and it’s the fifth year in a row that particular record has been broken. Anti-LGBTQ+ violence has also reached record highs, with attacks based on gender identity increasing a staggering 33 percent from 2021 to 2022. This year, for the first time in its 40-year history, the Human Rights Campaign declared a national state of emergency for LGBTQ+ Americans.

But in a stunning abdication of moral responsibility, Democrats made little mention of trans rights during this year’s Democratic National Convention (DNC). Trans people were mentioned in just two speeches, and neither speaker received prime-time speaking slots. For the first time since 2012, the DNC did not feature any trans speakers.

This glaring absence has extremely high stakes. While Republicans have focused much of their ire on trans women in sports and gender-affirming health care for trans youth, they have also made it clear that their aims are far-reaching — they would like to see trans people eradicated from public life. In a campaign video released last year, Donald Trump decried gender-affirming care as an act of child abuse and pledged to instruct “every federal agency to cease programs that promote the concept of sex and gender transition at any age.”

Just this week, a federal appeals court cleared the way for Florida to enforce a ban on puberty blockers and hormones for trans youth (surgeries, which are rare for minors, were already banned). But the law also restricts care for trans adults by effectively banning telehealth treatment, barring all nurse practitioners from prescribing gender affirming care and requiring providers to fill out new, lengthy consent forms. An analysis by journalist Erin Reed found that the Florida law impacts up to 80 percent of care for trans adults, in addition to the total ban on gender-affirming care for trans children.

Democratic leaders, however, seem to think that the issue — which carries life-or-death significance for the 1.6 million trans people in the United States — is too divisive to address. A recent BBC article listed “identity politics” as one of three things the Democrats avoided during the DNC, casting “transgender issues” as a “hot-button social topic” that was excluded from the programming.

Related Story

News Analysis |
LGBTQ Rights
Frenzy Over Olympic Boxer Imane Khelif Reveals Anti-Trans Absurdity on the Right
Groups fighting against civil rights for LGBTQ youth in the US spread misinformation about Khelif’s gender.
By Mike Ludwig , TruthoutAugust 6, 2024

“If you look at who was featured in the prime-time slots, it’s middle-of-the-road people,” Melissa Michelson, a professor of political science at Menlo College, told NBC News. “It’s people who are going to appeal to that chunk of swing voters in the Sunbelt, in the Rustbelt, those swing states, and transgender rights are not a high priority issue for those voters and not the way they’re going to decide their vote.”

Such a cynical approach is egregious on its face: The ability of trans people to live safe, happy and healthy lives is, of course, a fundamental human right — including for the hundreds of thousands of trans people in the Sunbelt and Rust Belt states — and not just a “hot-button” political talking point.

The idea that trans rights are wildly unpopular is also not true. A poll conducted last year by The 19th and SurveyMonkey found that only 17 percent of the public want politicians to focus on restricting gender-affirming care. More than half of adults acknowledge that trans people face a great deal or fair amount of discrimination in this country, polling from Pew Research found.

Such discrimination was, after all, on full display at the Republican National Convention in July, where main stage speakers peddled misinformation and took plenty of jabs at the trans community.

“They promise normalcy and gave us transgender visibility day on Easter Sunday,” claimed far right Rep. Marjorie Taylor Greene (R-Georgia). Transgender Day of Visibility, which happened to fall on Easter Sunday this year, has been celebrated on March 31 since 2009. Meanwhile, Sen. Ron Johnson (R-Wisconsin) lambasted trans rights as a “fringe agenda” and baselessly claimed that LGBTQ+ education in schools was promoting “the sexualization and indoctrination of our children.”

The official Republican National Committee platform takes a similar approach. It pledges to end “gender indoctrination” and cut federal funding “for any school pushing critical race theory, radical gender ideology, and other inappropriate racial, sexual, or political content on our children.”

Despite the inflammatory rhetoric, this far right agenda isn’t actually very popular. Forty-four percent of adults surveyed by The 19th and SurveyMonkey didn’t think trans issues should be a legislative focus at all. In light of this, Vice President Kamala Harris and her running mate Gov. Tim Walz could choose to expand their embrace of the term “weird” as a campaign insult to focus on Republicans’ assault on trans rights — it is weird, after all, that Trump and his allies have become obsessed with intruding on the private lives of trans people.

Nevertheless, the Supreme Court is now set to hear oral arguments later this year on laws banning gender-affirming care for trans youth. The decision by the conservative supermajority, expected in June 2025, could have dire consequences for trans protections across the country.

Democrats should be laying out a vision for how they could approach restoring health care to trans youth in states where it has been blocked. The party should be publicly and proudly reaffirming its commitment to protecting the rights of all trans people and continuing the fight to expand federal protections for the LGBTQ+ community. But the DNC’s neglect of trans rights is also an important reminder of the importance of grassroots efforts and mutual aid: As the legislative attacks on trans people continue, we must work to keep each other and our communities safe.

This article is licensed under Creative Commons (CC BY-NC-ND 4.0), and you are free to share and republish under the terms of the license. See further guidelines here.


Schuyler Mitchell is a writer, editor and fact-checker from North Carolina, currently based in Brooklyn. Her work has appeared in The Intercept, The Baffler, Labor Notes, Los Angeles Magazine, and elsewhere. Find her on X: @schuy_ler



Project 2025’s Anti-Trans Agenda Would Endanger Families Across the US


The vision for Trump’s second term would seek to expand draconian anti-trans policies, particularly targeting children.


By Orion Rummler , 
PublishedAugust 31, 2024

An activist holds a poster as hundreds of activists, allies and members of the transgender community gather at Dr. Wilbert McIntyre Park in Old Strathcona, 
in Edmonton, Alberta, Canada.
Artur Widak / NurPhoto via Getty Images


Did you know that Truthout is a nonprofit and independently funded by readers like you? If you value what we do, please support our work with a donation.

This story was originally published by The 19th.

Willie Carver has been a teacher in Kentucky since 2007, now working with college students. For over two years, he has worked with the American Federation of Teachers’ National LGBTQ+ Task Force, an advocacy arm of the influential labor union created to counter the rise and repression brought by anti-LGBTQ+ laws.

One of the country’s most draconian anti-trans measures became law in Carver’s home state last March. The law has required teachers to put politics before the wellbeing of their own students and reshaped how students see and treat each other. It bans them from being taught about gender identity or sexual orientation, using restrooms and locker rooms that match their gender identity and learning about human sexuality. The law also made gender-affirming care illegal for trans youth.

In October, after the new school semester started, Carver noticed a woman staring at him as he walked off stage at a Pride event in rural Kentucky after talking about issues faced by LGBTQ+ educators and students. He could tell she needed to talk.

“Her voice was shaky,” he recalled. “She cried as she spoke to me.”

The woman, a fourth-grade teacher, told Carver about one of her students, a boy who was being bullied because he has two moms. His tormentors — two boys about the same age — lobbed slurs at him and chased him around. The teacher intervened, saying to all her students, “In this classroom, all families get treated with respect.”

And that’s when her problems started. Carver said the school administration reprimanded the teacher, telling her that she had broken state law by talking about gender and doing it in a way that infringed on the political choices of the boys’ families. The teacher became terrified of the prospect of losing her job and torn about what to do. If she tried to save the student from being bullied, she could endanger her own child by losing access to her income and their health insurance.

“She was trembling by the end of the story,” Carver said.

Kentucky teachers want to do the right thing, but they are “desperately scared,” he said. They are exhausted and afraid of repercussions if they speak out. Some have chosen to leave Kentucky, including the state’s previous education commissioner, Jason Glass, who decided to resign last September instead of enforcing the state’s new law.

After watching what has happened in his own state, Carver was not surprised to hear that conservative forces are pushing a vision and version of the country where trans-affirming teachers could be labeled as sex offenders.

As he sees it, war has been declared on LGBTQ+ people — and the idea of protecting children is a linchpin for that war.

“What they want is a very clearly defined society in which straight White men are on top, men earn money and women are subservient,” Carver said. That society is built on strict definitions of marriage, family, femininity and masculinity — a binary lens that excludes many Americans and creates a divisive narrative that ascribes value to people based on gender.

This vision is articulated in a 920-page policy blueprint known as Project 2025. Created by the Heritage Foundation, a conservative think tank based in the nation’s capital, it lays out a far-right Christian vision for Donald Trump’s second term in the White House if he wins in November and draws on the same harmful rhetoric that states have written into anti-transgender legislation.

Though these laws target LGBTQ+ communities, advocates say that their reach and harm impact all families because of the exclusionary version of country they embrace.

“No one fits the very narrow view of what a person is supposed to be under Project 2025,” Carver said.

Project 2025 equates being transgender — or adopting “transgender ideology” — to pornography and declares that it should be outlawed. Under this plan, the federal government would enforce sex discrimination laws on the “biological binary meaning of sex,” and educators and public librarians who spread the concept of being transgender would be registered as sex offenders. The plan says that children should be “raised by their biological fathers and mothers who conceive them,” unless those biological parents are found unfit by a court.

These ideas have drawn national attention for their far-reaching scope, but they didn’t appear out of thin air. They all have roots in anti-LGBTQ+ state legislation that conservative lobbying groups and think tanks have supported for years, like the law that took effect in Kentucky. Contributors to Project 2025 include senior staff from Alliance Defending Freedom, whose lawyers have helped write anti-transgender legislation in a number of states and defended those laws in court. Members of the conservative groups Family Research Council and the American Principles Project, which have similarly pushed anti-LGBTQ+ bills and anti-trans rhetoric, have served on the Project 2025 advisory board.

“The content of Project 2025 has been the goal of the people pushing anti-LGBTQ legislation at the state level and across the country. It’s been their goal all along,” said Logan Casey, director of policy research at the Movement Advancement Project, a nonprofit think tank that tracks LGBTQ+ legislation.

Democrats have pointed to Project 2025 as evidence of a Republican party gone off the rails. The project’s director, who once had a role in the Trump administration, recently stepped down after Trump and his campaign publicly disavowed Project 2025. Despite the Trump campaign’s insistence that Project 2025 does not speak for the former president, many of Trump’s own proposals align with those laid out by the Heritage Foundation, as The Washington Post reported. This includes policies targeting LGBTQ+ Americans.

“It is a big escalation of attempts that we’ve seen on the state level, and they’re trying to find ways to nationalize this and to continue to take this to the extreme,” said Julie Millican, the vice president of progressive research group Media Matters. Republicans have been most effective at implementing anti-LGBTQ+ state legislation in schools, she said, in part by framing the issue around “parental rights.”

To Carver, requiring that educators who spread “transgender ideology” are classified as sex offenders would impact all families and students, if anything because of the simple fact that broad policies with unclear language and enforcement risk impacting everyone. In the face of such a vague policy, teachers would back away from any topic that might be tangentially related to “transgender ideology,” he said.

“The real effect is that you’re going to have teachers in the classroom who start maintaining these hyper-rigid forms of gender that are being enforced on everyone,” he said. “Even if you are the politically conservative family that has a boy who’s a little sensitive, you’re going to start seeing that boy criticized in class for his sensitivity.”

States have tried — and failed — to define “male” and “female” based on reproductive organs and to base definitions of “mother” and “father” on rigid views of gender defined by “biological sex.” In many ways, these attempts were early previews for Project 2025 proposals, drawing on the same narrow definition of sex that underlines the majority of anti-trans state policy.

For example, in Missouri, a failed state law introduced this year would have placed teachers and school counselors on the sex offender registry for providing any support to a child regarding their social transition. When someone socially transitions, they start using a new name and new pronouns, or they might change outfits or hairstyles to better match their gender expression or identity. Although this is a standard part of gender transition for many transgender people, cisgender people also express themselves in similar ways as they explore their own identities.

Under Project 2025, narrow definitions of sex and parenthood would become the official stance of the federal government.

The plan states that policies supporting single mothers and LGBTQ+ equity should be replaced with those “that support the formation of stable, married, nuclear families,” the authors write — and it lays out specific ideas of how American families should have kids. JD Vance, Trump’s running mate with ties to the Heritage Foundation’s president, Kevin D. Roberts, has shared similar views publicly.

A year before he was elected to represent Ohio in the U.S. Senate, Vance suggested that parents should have a greater ability to use their voice in the country’s democracy than people without kids, by being able to cast more votes. During his campaign, he also pledged to oppose federal protections for same-sex married couples.

It’s a vision that dovetails into a Project 2025 proposal to ban three-parent embryo research. (Mitochondrial replacement therapy, a controversial procedure that treats infertility via a three-parent embryo when conventional in vitro fertilization has failed, is already effectively banned in the United States due to FDA requirements, but is legal in the United Kingdom and a few other countries). Although the document does not suggest restricting IVF, it does suggest that adults trying to conceive or have children in alternative ways would be subject to higher scrutiny by the federal government.

“In the context of current and emerging reproductive technologies, HHS policies,” write the authors, using the abbreviation for the federal Department of Health and Human Services, “should never place the desires of adults over the right of children to be raised by the biological fathers and mothers who conceive them.”

At least 17 states have laws in place that protect parents who have children through in vitro fertilization or through the use of egg or sperm donors, regardless of their marital status, according to the Movement Advancement Project. These laws ensure that such parents are legally recognized. Casey sees Project 2025 as a threat to these protections for same-sex couples and heterosexual couples who rely on assisted reproductive technology.

“I think it’s not only a threat to assisted reproduction statutes, I think it’s a threat to marriage equality itself, to basically any pathway to parental recognition for people who are not in Project 2025’s vision of a heterosexual, nuclear, married family,” Casey said. “So it’s not just about LGBTQ+ people.”

As Project 2025 purports to protect families, it also lays out familiar anti-trans policies in an effort to protect children from being exposed to LGBTQ+ people. This playbook that has been carried out in states as politicians portray gender-affirming care as the mutilation and forced sterilization of children. This kind of anti-trans rhetoric is an entry point to restrict freedoms elsewhere, Millican said. It capitalizes on a lack of public knowledge about trans people in order to garner support for the government restricting what kind of medical care people can have.

Part of that effort to limit children’s exposure to LGBTQ+ identities has been taking place online. Within the last several years, at least two states, Florida and Iowa, removed online content geared towards the safety of LGBTQ+ and transgender students with little to no explanation.

Project 2025 calls for the closure of telecommunications and technology firms that spread the concept of being transgender. To Casey, the proposal to restrict online information about trans identity is related to the federal Kids Online Safety Act (KOSA). Major national LGBTQ+ rights groups now support the revised legislation, but when it was first introduced, the Heritage Foundation appeared to endorse the bill in a commentary piece falsely claiming that big tech turns children trans.

Last year, two West Virginia bills aimed to protect minors from “indecent displays of a sexually explicit nature” — including “transgender exposure.” The bills failed to pass in 2023 and again this year. Many other states have tried to ban drag performances in the name of protecting children from sexually explicit content, but West Virginia stands out for making the effects of its proposed law on transgender people especially clear. Now, Project 2025 declares that “transgender ideology” should be labeled as pornography and outlawed.

In Kentucky, Carver, who advises the American Federation of Teachers on the needs of LGBTQ+ educators and students, has seen how anti-LGBTQ+ laws that pledge to protect children from harm actually enable it. The story he heard from the fellow teacher at the Pride event is one example of how the state has instituted bullying as a formal policy.

Teachers in his state are terrified, he said — and looking for answers in situations that have become impossible to navigate.

“There is no easy way out of this other than better laws. There’s no easy way out of this other than protections for teachers, who try to keep students safe,” he said.


Orion Rummler is a reporter for the breaking news team at The 19th. He previously anchored live news coverage at Axios, including the January 6 Capitol attack, the coronavirus and the 2020 election. He also researched “Axios on HBO” stories on former President Donald Trump and expanded the outlet’s LGBTQ+ coverage.

Friday, June 14, 2024

So many self-inflicted wounds, so few allies. Alberta's energy war room was long doomed

CBC
Thu, June 13, 2024

The Alberta government spent tens of millions on pro-oil ads through the Canadian Energy Centre, like these 2021 billboards in New York. (Canadian Energy Centre - image credit)

It was never really the war room that former Alberta premier Jason Kenney dreamed of.

And even if it had turned out that way, it's not clear it would have worked any better than the pro-oil entity his UCP government actually wound up creating.

Either way, the Canadian Energy Centre never seemed to reach its promised potential. And this week Premier Danielle Smith abandoned the idea, dissolving the organization into her own government, making it a lesser tool in her own fight on behalf of the oil and gas sector.


Kenney, at a 2018 gathering of his United Conservative Party, pledged a "fully staffed rapid-response war room in government to quickly and effectively rebut every lie told by the green left about our world-class energy industry."

That line worked well in a room full of pro-oil partisans who felt their province's main industry under siege. And it surely felt familiar to Kenney himself, who'd spend so many federal elections in the Conservative Party war room, pumping out attack after counter-attack against the Liberals, NDP or any other would-be threat to his own faction.

Un-declaring war

After Kenney was elected premier in 2019, his team quickly realized that electoral skirmishes and industry advocacy didn't quite work the same way.

The "war room" title would have to go, in favour of the more genial-sounding Canadian Energy Centre, even if detractors never abandoned the combative term which Kenney used at its conception.

The "rapid response" element remained the provocative part of its initial mission, but only part, along with teams focused on research and "energy literacy." And while Kenney pitched it as a $30-million-a-year operation that would outduel the climate-activist PR machine, it instead became notorious for an abortive social-media tirade against the New York Times and going after a Netflix cartoon film for its anti-development themes.

It tried to take down Big Green. It instead picked fights with Bigfoot Family.

Other early controversies dogged the outfit, led by Tom Olsen, a former UCP candidate and press secretary to former premier Ed Stelmach. It was set up as a provincial corporation, avoiding the reaches of Freedom of Information requests. It had to scrap logos that were too similar to those of existing companies. Its taxpayer-funded research staffers were criticized for calling themselves "reporters" for pro-industry articles on its website.


Alberta Premier Jason Kenney looks on as Tom Olsen, managing director of the Canadian Energy Centre, addresses a press conference at SAIT in December.

Jason Kenney, then premier of Alberta, looks on as Canadian Energy Centre CEO Tom Olsen speaks in 2019. Olsen will get three months' severance after his role in the controversial provincial agency was eliminated this week. (Greg Fulmes/Canadian Press)

And in time, its bid to become to pugnacious attacker of oil and gas detractors faded. It instead became a content factory of stories that promoted the sector, and a prolific advertiser — where most of its budget went over the years. It spent $26 million overall in 2022-2023, the last year for which figures are publicly available.

And what did it get to show for that government spending, if not a chastened anti-oil side? Fewer than half a million website visits a year, according to its own annual report.

Of those, more than one-quarter were Alberta clicks, meaning that its biggest single audience was actually in its home base — much publicly funded preaching to the converted.

"If all you're doing is targeting the people that already agree with you, you're not able to get to the rest of them," said Ryan Williams, the president of Drake Oilfield Supply, in 2020, one year into the energy centre's life.

Kenney and even some allies within the energy sector believed this provincially run — albeit arms' length — organization could succeed where the industry's own advocacy groups had struggled to spread a good-news gospel about Alberta oil.

But this taxpayer-funded information website, brimming with more than 100 pro-industry articles a year, gets fewer monthly visits than the privately funded websites of Pathways Alliance, Canada Action and the Canadian Association of Petroleum Producers — as well as sustainability think-tank Pembina Institute, according to similarweb.com.

A sampling of pro-industry stories on the Canadian Energy Centre website. Government-funded staff writers and freelancers pumped out more than 100 articles a year, but the website logged a little more than 1,000 visits per day.

. (Screen shot/canadianenergycentre.ca)

Its account on X (formerly Twitter) has 11,000 followers, compared to 276,800 for Premier Smith and 38,100 for Ecojustice.

It does better on Facebook, with 97,000 followers, but it also advertises heavily there to boost its profile.

"This was meant to close that gap and change the narrative. I don't think that anything changed," said Deborah Yedlin of the Calgary Chamber of Commerce in an interview with CBC News.

It became seen as home-team boosting. What the industry would actually benefit from is third-party validation, Yedlin said. "You're coming from a place of bias. You are talking [up] your own book."

Calling it a war room, she added, "doesn't necessarily set yourself up for a spirit of collaboration."

Danielle Smith's war


Smith quietly made the change this week, pulling a few staff from the stand-alone Energy Centre into the provincial government's intergovernmental relations division, which falls directly under the premier's own supervision.

Those employees will continue to produce research under the CEC brand. Olsen, the centre's $241,000-a-year chief executive, is out once the transition is complete, Smith's office confirmed. He confirmed in a social media post that he will receive three months' pay as severance.

When Smith took over the premiership from Kenney in 2022, it wasn't clear she'd maintain his big idea. She hung on to it for about 19 months.


Alberta Premier Danielle Smith speaks on invoking her government’s sovereignty act over federal clean energy regulations, in Edmonton on Nov. 27. Premier Danielle Smith says she's better equipped to do fighting on the oil and gas sector's behalf than the 'war room.' (Jason Franson/The Canadian Press)

"Having the moniker 'war room,' is not what they should be doing," she told reporters Wednesday (even if Kenney tried to abandon that moniker himself five years ago with the CEC name).

"They should be giving good, credible research and data on the state of our industry, the state of our emissions reduction," Smith added.

"And they should leave the fight to me."

Smith and her team certainly have enjoyed relishing that fight, particularly against the Trudeau government's environmental policies. Kenney, too, often seemed to be swifter with the swipes at critics than his multimillion-dollar provincial agency was.

The Alberta NDP and others spent its entire four-and-a-half-year life calling the Canadian Energy Centre a bad idea and a waste of money. The Alberta government will continue to boost oil and gas in advertisements and advocacy — the NDP certainly did that — but one of the biggest targets of criticism that the UCP created is no more.

If not even the industry believed in it, not many Albertans will likely mourn its loss.

Sunday, May 26, 2024

CANADA

Private property or public space? Encampments spark debate over campus status

Joe Bongiorno
Sat, May 25, 2024 



MONTREAL — After four weeks that have featured torrential downpours, blistering heat and two failed legal bids to have them removed, pro-Palestinian protesters remain encamped on McGill University’s downtown campus.

Quebec Minister of Higher Education Pascale Déry said their continuing presence is an affront to the rule of law.

"These encampments have to be dismantled," she told reporters this week in Quebec City. "It is not the appropriate place. Again, we are talking about private lands that are currently occupied."

McGill, which last week failed in a bid for an injunction, has also labelled the encampment an illegal occupation of its property.

But as protesters angry over the mounting death toll in Gaza have erected tent cities on Canadian campuses in the past month, demanding that schools divest from Israeli companies and cut ties with Israeli universities, the legality of their actions remains a subject of debate.

Experts say the nature of a university means the answer is not as clear-cut as the minister and McGill suggest.

Constitutional lawyer and Université de Montréal instructor Frédéric Bérard says that while a campus belongs to a university, it shouldn’t be understood in the way a private residence belongs to an individual.

Bérard said in an interview this week that unlike a private residence a campus is a venue for engaging in debate, and the public’s right to access and use that space for free speech and peaceful assembly is enshrined in the Canadian Charter of Rights and Freedoms.

He said a court considering a challenge to an encampment has to decide if the right to free speech outweighs property rights, which in most cases it does.

Emmett Macfarlane, a professor of political science specializing in constitutional law at the University of Waterloo, said there is legal debate over whether universities, as private entities, are subject to the Charter.

But he said courts have in many cases applied the Charter to university actions affecting free expression.

"It may be true that university campuses have the legal status of private property, but I think there's a broader principle here in that they are not like any other private space," he said, comparing a campus to a public park and Parliament Hill. "They are public institutions and public universities, and the use of their space as part of a public forum for free expression is well established."

He called the almost universal response of Canadian university administrators to seek the removal of protest encampments a failure to respect free expression and the right to peaceful assembly.

“Across North America, and yes, within Canada, they have been far too quick to demand that encampment(s) be removed," Macfarlane said. "In almost all of the circumstances that we're seeing, including at my own university at University of Waterloo, the encampments have indeed been peaceful.”

Protests are disruptive by definition, he added, but students and staff have not been prevented from attending class.

The University of Toronto issued a trespass notice against a campus pro-Palestinian encampment on Friday, vowing to take "all necessary legal steps" if protesters did not clear out by Monday morning.

American universities have seen clashes, and earlier this month Edmonton police dismantled a pro-Palestinian encampment on the University of Alberta's campus. Students and academics there said police fired tear gas, and video posted to social media shows police striking students with batons, yet police denied using tear gas and said their use of force was limited.

"Almost all of the violence that we have seen in relation to these particular protests have not been the result of the protesters, but instead have been the result of police and universities moving to have the encampments removed or the protests ended,” Macfarlane said.

But that doesn’t mean the rights to free speech and assembly are without limits. Speech that is considered hateful is not protected. Neither is threatening the safety of others.

So far, Bérard noted, the courts have ruled against McGill’s claims that such behaviour was taking place on campus, even if the speech is considered controversial by some.

“Each and every encampment Is unique,” he said. “You cannot compare McGill to Université du Quebec à Montréal to University of Toronto or what’s happening in Edmonton. The court has to take into account the evidence that’s in front of it.”

Bérard said there is no hard limit to how long a campus can be occupied. He gave the example of the "Freedom Convoy" protests in Ottawa in 2022, saying that if they had happened on a university campus and had not blocked public access, they could theoretically have gone on indefinitely.

Macfarlane said the right to occupy a public space, like other Charter rights, is subject to limits, but universities need to show restraint as long as protests remain peaceful.

"The question is, what margin of appreciation do we as a society and as the law require for temporary disruptions of public space?" he said.

This report by The Canadian Press was first published May 25, 2024.

Joe Bongiorno, The Canadian Press

BR-Que-McGill-Encampment

Sat, May 25, 2024 

Pro-Palestinian tent encampments on Canadian universities are sparking debate over whether campuses are private or public property.

Quebec's Minister of Higher Education says the encampment on Montreal's McGill University campus must be dismantled, arguing the ``private lands'' are not an appropriate place for the demonstration.

McGill's downtown encampment has survived two failed legal bids to have them removed, as protesters demand schools divest from Israeli companies and cut ties with Israeli universities.

Experts say the nature of a university means the answer is not as clearcut as the minister and McGill suggest.

A constitutional lawyer says while a campus belongs to a university, it shouldn't be understood in the way a private residence belongs to an individual.

Frederic Berard--who is also an instructor at the Universite de Montreal,-- says a court considering a challenge to an encampment has to decide if the right to free speech outweighs property rights-- which in most cases, it does.

Université du Québec à Montréal seeking injunction against pro-Palestinian encampment

The Canadian Press
Thu, May 23, 2024 



MONTREAL — Université du Québec à Montréal has filed for an injunction against pro-Palestinian protesters who set up an encampment on its downtown campus a little over a week ago.

UQAM is asking the Quebec Superior Court to prohibit protesters from setting up tents and other material within three metres of campus buildings.

It also wants protesters stop allegedly obstructing access to its campus, damaging surveillance cameras, engaging in vandalism and destroying university property.


UQAM says protesters are posing a safety risk by blocking an emergency exit, being in possession of gasoline canisters and iron bars, and potentially "overloading" the university's electrical network with unauthorized extension cords.

Since the encampment started on May 12, protesters have demanded that the university cut ties with Israeli institutions and disclose its links to Israel, and that the Quebec government cancel plans for a diplomatic office in the country.

The university's court application says the inner courtyard of its science centre is being occupied by about 40 tents.

This report by The Canadian Press was first published May 23, 2024.


Pro-Palestinian protesters expected to meet with U of T administration

The Canadian Press
Sun, May 26, 2024 


TORONTO — Pro-Palestinian protesters who have set up an encampment on the University of Toronto campus are expected to meet with school officials today.

The meeting, which is scheduled for 5 p.m. local time, comes after the university issued a trespass notice to the protesters on Friday.

The school has said it will take "all necessary legal steps" if the protesters don't clear out by Monday at 8 a.m.

The notice threatens to seek a court order against the camp.

The encampment was set up on May 2 at the heart of the university's downtown campus, part of a massive wave of pro-Palestinian demonstrations at post-secondary institutions in Canada and the United States.

Organizers called on the university to cut its ties with Israel, divest from companies profiting from Israel's offensive in Gaza, and terminate partnerships with the country's academic institutions deemed complicit in the war.

The school made an offer to the protesters on Thursday, which organizers say doesn't meaningfully address their demands.

Organizers say the university's offer was presented to them at the same time President Meric Gertler held a hastily arranged press conference Thursday publicizing its terms and imposing a Friday deadline to accept.

The university's offer said it would form a working group to consider options for the disclosure of the school's investments, but it would not end any partnerships with Israeli universities.

On divestment, the university said it would strike an advisory committee to review the students' request under existing school policies.

This report by The Canadian Press was first published May 26, 2024.


U of T encampment trespass notice sets Monday deadline, negotiations set for Sunday

The Canadian Press
Fri, May 24,2024



TORONTO — The University of Toronto issued a trespass notice Friday to a pro-Palestinian encampment on campus, vowing to take "all necessary legal steps" if protesters did not clear out by Monday morning.

Despite the notice, encampment organizers said university administrators had also agreed to meet on Sunday at 5 p.m. for continued negotiations.

"There's lots of room between now and then. And we implore the administration to do the right thing, to be on the right side of history," said Erin Mackey, a spokesperson for the encampment.

"We'll continue to be here, and we'll continue to demand divestment."

The notice comes after the university made an offer Thursday, with a 24-hour deadline, to end the weeks-long protest. Organizers called the offer an "ultimatum" with little meaningful response to their demands.

The trespass notice, meanwhile, calls Thursday's offer "full and fair" and gives a deadline of Monday at 8 a.m. for protesters to leave. It threatens to seek a court order against the camp and warns protest participants may be subject to disciplinary action, up to an expulsion recommendation for students and termination for faculty and staff.

"The encampment has created an environment on campus that is contrary to the university’s commitment to fostering a welcoming and safe community for all members to partake of and express themselves freely," the notice said.

The encampment was set up on May 2 at the heart of the university's downtown campus, part of a massive wave of pro-Palestinian demonstrations at post-secondary institutions in Canada and the United States. Organizers called on the university to cut its ties with Israel, divest from companies profiting from Israel's offensive in Gaza, and terminate partnerships with the country's academic institutions deemed complicit in the war.

Organizers say the university's offer was presented to them at the same time president Meric Gertler held a hastily arranged press conference Thursday publicizing its terms and imposing a Friday deadline to accept.

The university's offer said it would form a working group to consider options for the disclosure of the school's investments, but it would not end any partnerships with Israeli universities.

On divestment, the university said it would strike an advisory committee to review the students' request under existing school policies.

The committee would be tasked with presenting its findings by the end of October. The president would then make a decision "in a timely manner," the offer said. Students could "suggest" advisers, but final approval would be with the university's executive committee, on the president's recommendation.

At a news conference earlier Friday, Mackey said the students want "upfront commitments" on divestments and disclosure, not "vague committees" to study the matter. She noted that in 2016 Gertler turned down an advisory committee's recommendation for the school to divest from fossil fuel holdings, only to reverse course years later.

"In this current moment, it is up to the administration, whether they are willing to be serious to engage in a genuine conversation about commitments towards divestment or they're going to continue to give us big committees that ultimately will lead us nowhere," said Mackey.

Sara Rasikh, a master’s student and another spokesperson for the encampment, said organizers are preparing a counteroffer to present to the university at Sunday's meeting.

"We are hoping that they will be receptive to this, to actually listen to their students," she said.

Rasikh said protesters hope the university will not call in the police to clear the camp.

Earlier this month, police officers forcibly removed a group of demonstrators from an encampment set up on the University of Calgary campus.

Pro-Palestinian protesters remain encamped on other campuses in the country, including at McGill University in Montreal and several universities in British Columbia.

In B.C., tents first went up on a field at the University of British Columbia in Vancouver on April 29. Since then, similar encampments have emerged at the University of Victoria and Vancouver Island University in Nanaimo.

In an update on Thursday, the University of Victoria called the protesters’ demands “complex” while promising to support “peaceful expression” and faculty members’ academic freedom to engage both Israeli and Palestinian academics.

UBC president Benoit-Antoine Bacon said last week that the school must remain neutral on the conflict in Gaza in response to demands from encampment organizers.

— With files from Sonja Puzic in Toronto and Chuck Chiang in Vancouver

This report by The Canadian Press was first published May 24, 2024.

Jordan Omstead and Rianna Lim, The Canadian Press


U of T encampment rejects school's offer

CBC
Fri, May 24, 2024 

Kalliopé Anvar McCall, a fourth-year U of T student in diaspora studies, speaks at a news conference at the King’s College Circle encampment on Friday, May 24, 2024. She called the school’s negotiations ‘a joke.’ (Chris Glover/CBC - image credit)


A pro-Palestinian encampment at the University of Toronto said the school's latest offer, made in a bid to end an ongoing demonstration on campus, is "an ultimatum."

"This is a joke of a negotiation," encampment organizer Kalliopé Anvar McCall, a fourth-year U of T student in diaspora studies, said at a news conference at the King's College Circle encampment Friday morning.

Organizers criticized the university for its negotiation tactics — particularly, speaking to media outlets, including CBC Radio's Metro Morning, rather than directly with U of T Occupy for Palestine.

The university says it plans to issue a trespass notice if protesters are not gone by 4 p.m. Friday.

"It's not 4 p.m. yet," said student Erin Mackey, a spokesperson for U of T Occupy for Palestine, at the news conference. "We are still trying to figure out what our next steps are."

She also said: "We will continue to be here."

Mackey spoke with Metro Morning earlier on Friday, shortly after the university president did.

"They brought forward a proposal for commitments but commitments aren't good enough," Mackey said.

She is among dozens of students, staff and faculty who have been occupying a green space at King's College Circle on the university's St. George Campus in downtown Toronto since May 2. They've set up tents and canopies in solidarity with other encampments at universities throughout North America, calling for an end to the war between Israel and Hamas in Gaza.

'Problematic' to even negotiate: Jewish group

Hillel Ontario, a group that advocates on behalf of Jewish students, raised concerns when the protest first began about demonstrators chanting, "All the Zionists are racists" and chalk on the ground reading "Go back to Europe."

"The university has an obligation to make sure its campus is safe for all students," said Jay Solomon, Hillel Ontario's chief advancement officer.

"Students are feeling uncomfortable, they're feeling unsafe and they're looking for the university to take some action," he said from nearby the encampment on Friday. "The fact that the university is even negotiating with this group is problematic."

U of T's offer

In its Thursday offer, the university said it would not end partnerships with Israeli universities. It said students would be invited to attend the university's business board of governing council's meeting on June 19 to present their demands, as well as a working group to consider options for disclosure and increased transparency of investments.

If the encampment doesn't accept the offer within 24 hours, the university will issue a trespass notice, U of T president Meric Gertler said Thursday afternoon.

LISTEN | U of T president speaks on Metro Morning:

Gertler reiterated his points Friday morning on Metro Morning.

"I hope … that they will see what we're putting on the table here is a very fair and considered offer," he said.

Gertler said "nothing is more fundamental in many ways to our society" than the right to protest, but also that "we have to balance some other rights, particularly rights of inclusion."


Erin Mackey, a University of Toronto student participating in the protest.

Erin Mackey, a University of Toronto student participating in the protest, is pictured on May 2, 2024. On Friday, she told CBC Radio: 'If they want to clear this encampment, they can meet our demands.' (Meagan Fitzpatrick/CBC)

As of Thursday, Gertler said the university has received 38 reports of harassment, discrimination and "hateful speech and hateful actions" as a result of the encampment.

"The tension that has been generated by the continued presence of the encampment has reached a point where we feel now is the time to end the encampment," he said.

Mackey, meanwhile, said if the university wants to clear the encampment, officials can meet protesters' demands.

"The fact that U of T is willing to call the Toronto police on this encampment — or threaten so, in this current moment — says a lot about where they're at, that they are unwilling to stop funding a genocide, stop investing in bombs and instead call police on their own students."

Speaking on Metro Morning, Gertler said the university is "doing our level best to avoid police involvement."

Queen's encampment packing up as protesters declare small victory in ongoing battle


Local Journalism Initiative
Fri, May 24, 2024 

Editorial note: The views and accounts quoted by those protesting at the encampment on Queen's University do not necessarily reflect those of Kingstonist and have not been independently verified.

“Children needlessly slaughtered, their potential stolen. An afterthought at best in a campaign of indiscriminate violence and continued genocide against the Palestinian people: tragic, unimaginable, but heartbreakingly common." This is how one protester at Queen’s framed her reasons for participating in a 12-day encampment at Queen’s University this month.

That encampment will be packed up by the end of the day today, Wednesday, May 22, 2024, the protest leaders --- Queen’s University Apartheid Divest (QUAD) --- explained at a noon-hour press conference. And though they don’t consider the end of their occupation of the “liberated zone” in a quad behind Richardson and Dunning Halls to be a victory, they do say it is one positive step on what they suggest is a long journey of negotiations with the university.

According to speakers from QUAD, the “liberated zone” encampment was initially planned for one night on Friday, May 10, 2024. The original intention was to disrupt the Board of Trustees meeting on May 10 and 11. QUAD submitted a report to the principal and the Board of Trustees on Thursday, May 9, asking to be added to the board's open session agenda. At that time, they submitted a 30-page report detailing divestment recommendations and indicating that $150 million of Queen’s endowment funds are invested in companies “that facilitate the violence and Israeli occupation of Palestinian territories.”

As part of the Palestinian liberation movement, QUAD demanded that Queen's divest from “all companies and institutions that have upheld and continue to uphold the 76 years of Israeli settler colonial occupation, apartheid, and violence.”

The group, who define themselves on social media as “a coalition of students, organizations, and faculty united by the belief that the struggle for Palestinian liberation is intrinsic to our collective pursuit of justice,” aims to uphold the legacy of the 1987 Queen’s University South African anti-apartheid movement and the outspoken alumni who succeeded in persuading Queen’s to divest at least partially from South African companies and holdings.

QUAD called the encampment “an escalation tactic” to pressure Queen's to eliminate its $150 million in problematic investments. And while they could not present the report in the open session, the board chair agreed to meet with student representatives from QUAD along with the principal and incoming board chair, according to the protesters.

QUAD stated that their demands had been addressed and discussed in meetings of their negotiation team with Queen’s administration and that “[Principal] Patrick Deane has since accepted our formal request for divestment, and [he has promised to] commence the committee on divestment within one week's time.”

Throughout negotiations, QUAD representatives stated, “We actively and consistently reminded them how every 10 minutes another child in Gaza is killed. That every day another child in Gaza gets amputated. That every university in Gaza has been destroyed. We reminded senior administration that they are active contributors of this scholasticide and genocide. Queen's cannot be platformed as third in the world for its sustainable development goals while investing in the war machine and profiting from Palestinian blood.”

“We have been told that the committee chair will be announced by the end of this week," they shared, "We have requested two seats on this committee. We have also requested that a committee timeline and selection criteria be provided for transparency and measure of good faith.”

The speakers were proud that the students, faculty, and community of QUAD “and our pressure through this encampment” had brought about the formation of the divestment committee. Still, they said they were under no Illusions: “We do not believe the future meetings and future policy promises are divestment victory. These delays are meant to pacify us. But let it be clear that we will remain persistent towards our goals for full divestment, full disclosure, a full academic boycott in a fully liberated Palestine.”

Regarding the other demands, the group shared that Vice-Principal (Culture, Equity, and Inclusion) Stephanie Simpson has stated they will look into and provide more information on implementing a definition of anti-Palestinian racism, “specifically implementing it through training for staff, faculty, and administration."

They also shared that Vice-Provost Sandra den Otter had informed them that “there is no precedent of academic boycott in Queen's history." In response, they said, “we take this as a commitment to be the first to ensure Queen's severs ties from institutions that facilitate these war crimes.”

“We also demanded that Queen’s take restorative action to rebuild and reinvest in Palestinian academia through the establishment of partnerships with Palestinian universities, and this is something we will continue to pressure the administration to commit to,” they stated.

Finally, they noted that as a precondition to decamping, “we have received confirmation via email from the provost that there will be no retaliation from the Queen's administration for all protesters and campers.”

However, they made sure to add, “we also want to highlight shameful acts of cowardice and hypocrisy from university leadership when framing the genocide in Palestine and our actions here in this encampment. On day three of our encampment, our principal, Patrick Deane, released a statement in which [the university] continued to use generalized language such as ‘the Middle East conflict,’ continuing to shamefully erase Palestine. He also referred to our actions in the protest as violent and aggressive, when the real threat came from Campus Security and calling police onto our campus.”

The group said they will be releasing more information about “these inexcusable acts of violence” in the coming days. When pressed, they gave details of one specific incident captured on video in which they said Campus Security officers brutally beat and kicked protestors.

“Queen's administration has largely not responded to any of the reports or dozens of concerns relating to surveillance, harassment, and violence perpetrated by Zionists on our campus over the past eight months. We are mindful of naming victories and aim to be transparent about our struggle.”

“In the past twelve days, senior administration has addressed all six of our demands but has used bureaucratic processes to evade accountability for their complicity in the Palestinian genocide,” they declared. “Queen's, your hands are red, and we will remind you of this until you take direct and meaningful action to materially meet these demands and fully divest from the Zionist regime.”

This is a developing story with more details to come.

Michelle Dorey Forestell, Local Journalism Initiative Reporter, Kingstonist.com



Pro-Palestinian protesters at Queen's pack up as university reviews divestment request

CBC
Wed, May 22, 2024

Pro-Palestinian protesters at Queen's University in Kingston, Ont., say while they plan to pack up their encampment, they'll continue pushing for their demands to be met. 
(Dan Taekema/CBC - image credit)

Pro-Palestinian protesters are packing up after 12 nights camped outside an administration building at Queen's University in Kingston, Ont.

The encampment grew out of an all-day demonstration on May 10, with more than a dozen tents sprawling across the grass outside Richardson Hall.

Posters, blood-red hand prints and chalk messages declaring the protesters' six demands, including divestment from companies with ties to Israel, quickly covered the walls of the courtyard.

On Wednesday, encampment organizers called a media conference and announced they're leaving.

"By this evening, we will be taking down ... our tents," said Yara Hussein, a fifth-year Queen's student.

While the encampment may be gone, the protesters plan to keep pressuring the university to meet their demands, she added.

"We will continue to organize and mobilize on this campus," Hussein said. "We pitched a tent in a night and we can pitch more."

Encampment organizers said Queen's principal Patrick Deane has received their formal request for divestment, along with around 600 signatures in support of it.

Deane has also agreed to strike a committee to review the request within the week, according to the group, which has requested two seats on it.

University to examine divestment

A statement shared on behalf of the university confirmed it has accepted a request to consider divestment after meeting with protesters over the past 10 days .

According to the statement, Deane is creating a "Review Committee for Responsible Investing," adding its recommendations could include coordinating consultations or arranging delegations.

Queen's student Yara Hussein is one of the encampment organizers. She said they'll continue pressuring Queen's to divest from companies with ties to Israel.

Queen's student Yara Hussein is one of the encampment organizers. She said they'll continue pressuring Queen's to divest from companies with ties to Israel. (Dan Taekema/CBC)

Those recommendations will then be provided to the principal for consideration before he hands them over to the Board of Trustees, which will have final approval.

"There will be opportunities for all those who have an interest in this matter to participate in this process," the statement adds.

The tents at Queen's were part of a wave of protests at universities across North America, some of which were forcibly cleared by police.

Protesters plan more 'escalations'

Jake Morrow, another one of the encampment organizers in Kingston, estimated roughly 150 people took part. He said the decision to leave was unanimous.

"By taking this moment to step back, we are allowing ourselves the time to prepare for our next steps, our next escalations so that the university feels the pressure again and again," Morrow said.

Protesters covered the walls of a courtyard at Queen's University with posters and paint calling for their six demands to be met.

Protesters covered the walls of a courtyard at Queen's University with posters and paint calling for their six demands to be met. (Dan Taekema/CBC)

While Queen's hasn't met all of their demands, which include an academic boycott of Tel Aviv and Ben-Gurion universities, and more disclosure around the university's investments, it has acknowledged them, the protesters said.

They added the university has also committed to ensuring no participants will face retaliation for joining the encampment.

"We don't see these as victories, but rather opportunities to hold this administration and these senior admin as accountable," Hussein said.

The encampment outside Richardson Hall was in place for twelve nights, starting on May 10, 2024.

The encampment outside Richardson Hall was in place for 12 nights, starting on May 10. (Dan Taekema/CBC)

University of Waterloo issues formal notice to protesters to end encampment

CBC
Thu, May 23, 2024 

The University of Waterloo has issued a formal notice to protesters to end an encampment set up on May 13. The school says the encampment has violated at least six university policies. (Aastha Shetty/CBC - image credit)


The University of Waterloo has issued a formal notice to people who have set up an encampment on campus to end the protest and remove all structures.

In a letter posted to the school's website on Monday, and taped to light posts near the encampment, the school says the encampment and associated events "violate several items listed on our list of prohibited activities ... and also violate various University of Waterloo policies."

The university says the protesters have contravened six policies, including:

Policy 2 in regards to signage. The school says signs, flags and banners at the encampment have been installed without permission.


Policy 15 which requires permission to use spaces on the university campus outside of regularly scheduled hours.


Policy 22 which says no modifications or attachments to a building or structure can be put up by anyone except university plant operations staff. The university says their tents and a plywood barricade were put up without authorization.


Policy 33 which "unduly interferes with the study, work or working environment of other members of the university or any aspect of another's university activity."


Policy 34 which is a health, safety and environment policy that the school says the group has gone against because they have refused to allow inspections of the encampment's structures.


Policy 74 that covers misuse of university resources, including the unauthorized use of equipment, material or a facility or service.


"We have been clear, including in writing, that the encampment cannot remain indefinitely and that members of the encampment have already breached several of our prohibited activities and policies. Because you continue to violate our policies, we require you to end the encampment immediately and to dismantle all structures," the statement says.


The university has put up its formal notice to end the encampment on light posts and umbrella stands near the area around where the encampment has been set up. (Aastha Shetty/CBC)

'We're not taking their threats very seriously'

Nicholas Joseph, the media liaison for the group Occupy UW, told CBC News Thursday afternoon that there are no plans to dismantle the encampment.

"The university admin has posted and taped heavily this list of supposed violations that we're committing. They also handed a copy to us. It seems very passive aggressive and pretty threatening and we're not taking their threats very seriously," Joseph said.

Joseph alleges the university has not engaged in an open dialogue with the group. Instead, he said the university administration has asked to do safety tours of the encampment and Joseph says the protesters have denied that request.

"Because we've put up flags and stuff like that, they've taped these things, bolding and underlining all of the supposed infractions we're committing," he said.

"It just seems threatening. It just seems they're telling us to dismantle the encampment immediately. We're not going to do that."

He said from the encampment's perspective, the next steps "are quite clear."

"They need to concede to our demands," he said.

The protesters say they decided to set up the encampment because of the growing number of deaths during the on-going Israel-Hamas war.

The group that organized the encampment has previously held rallies on campus and attended a university senate meeting earlier this month to demand the university should boycott and divest from all institutions supporting Israel in the midst of the ongoing war.

A similar encampment went up at the University of Guelph campus on Tuesday of this week. Other encampments have taken place at university campuses across the country, including at McGill University in Montreal, the University of TorontoMcMaster University in Hamilton and University of Windsor.


Staff, students want independent investigation into police removal of U of A protesters

CBC
Thu, May 23, 2024 

More than 100 students, staff and supporters gathered at the University of Alberta on May 9 to start a Pro-Palestinian encampment in support of Gaza. Edmonton Police dismantled the encampment on May 11. (Mrinali Anchan/CBC - image credit)


University of Alberta staff and student associations are calling for an independent investigation into the forceful removal of pro-Palestinian protesters in mid-May.

Representatives of the University of Alberta Students' Union and various staff associations said they met with university leaders Wednesday and demanded a third-party investigation into decisions that led to the Edmonton Police Service being called on May 11 to remove protesters from campus.

"There continue to be discrepancies between senior leadership and the protesters' account of what happened on May 11," Kristine Smitka, vice-president of the Academic Staff Association at the U of A, told reporters Wednesday.


"And it's really a third-party, independent investigation [that] will allow this community to start to move forward and heal from the events which transpired."

On May 9, more than 100 students, staff and supporters gathered at the school's main quad to show support for Gaza while calling on the university to disclose and divest from investments with Israeli institutions.

Smitka said Wednesday's meeting was with U of A president and vice-chancellor Bill Flanagan and other senior leaders, including Verna Yui, Todd Gilchrist and Melissa Padfield.

Smitka said a thorough investigation could be lengthy but said the process was necessary to gather testimonies from all stakeholders, including protesters and senior leadership.

In a public statement issued May 12, Flanagan said there were "serious and potentially life-threatening risks associated with the encampment." He said protesters did not act on a request to remove wood pallets and that 17 were found within 150 metres of the encampment, which a fire inspector declared was a fire hazard.

Demonstrators have said pallets had been removed and there was no violent behaviour in the encampment. Videos taken by demonstrators on May 11 and posted to social media showed officers using batons. At one point, gas started forming during the sweep.

Police have said they were in contact with the university for several days about safety concerns before being called in to clear the camp. Officers used pepper balls — non-lethal ammunition filled with pepper spray, similar to a paintball — and a muzzle blast containing pepper spray.

Videos taken by demonstrators on May 11, which were posted to social media, showed officers using batons and, at one point, gas started forming during the sweep.

Videos taken by demonstrators on May 11, which were posted to social media, showed officers using batons and, at one point, gas started forming during the sweep. (Instagram/University4Palestine.YEG)

Three men were arrested and police said no serious injuries were reported. The demonstrators have said four students were injured, including one who was sent to hospital.

"I think that our group would like to better understand what evidence was used to make this decision that the protest was an unsafe protest," Smitka said.

"What de-escalation techniques were used? One thing of great concern to us is that no senior leadership official walked into the quad to engage in dialogue with the protesters."

'Erasing history' not an option

Students' union president Lisa Glock said the union is working toward creating a mechanism for students' demands to be heard.

"Erasing history isn't something that we're interested in," Glock said when asked by media about the lasting impact on the university community.

"We want to analyze it, see why things happened and learn from it."

Students' union president Lisa Glock said the union is working toward creating a mechanism for students' demands to be heard.

Students' union president Lisa Glock said the union is working toward creating a mechanism for students' demands to be heard. (Jamie McCannel/CBC)

CBC has requested comment from the U of A regarding the investigation request and the presence of leadership during the encampment.

Smitka said another meeting with leadership is scheduled in two weeks.

"We want to think through what can be improved, especially any de-escalation techniques that can be further embedded within university policy to address protests on campus to ensure that something like this never happens at the U of A again."

Monday, May 20, 2024

U.S. Supreme Court rejects appeal from former Guantanamo detainee; Canadian  Omar Khadr

Omar Khadr speaks outside court in Edmonton, Dec. 13, 2018.
 THE CANADIAN PRESS/Jason Franson


The Associated Press
Published May 20, 2024


WASHINGTON -

The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.

Omar Khadr had waived his right to appeal when he pleaded guilty in 2010 to charges that included murder. But his lawyers argued that a subsequent ruling by the federal appeals court in Washington called into question whether Khadr could have been charged with the crimes in the first place.

A divided three-judge panel ruled that, despite the appellate ruling, Khadr gave up his right to appeal.

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Justices Brett Kavanaugh and Ketanji Brown Jackson did not take part in the Supreme Court's consideration of Khadr's appeal because both had dealt with the case while they served as appeals court judges. Jackson explained her recusal from Monday's order; Kavanaugh did not.

Khadr had been sentenced to eight years in prison plus the time he already had spent in custody, including several years at the U.S. naval base at Guantanamo Bay, Cuba. But he was released in May 2015 pending his appeal of the guilty plea.

A Canadian judge ruled in 2019 that his war crimes sentence had expired.

Khadr was 15 when he was captured by U.S. troops following a firefight at a suspected al Qaeda compound in Afghanistan that resulted in the death of an American special forces medic, U.S. army Sgt. First Class Christopher Speer. Khadr, who was suspected of throwing the grenade that killed Speer, was taken to Guantanamo and ultimately charged with war crimes by a military commission.


US Supreme Court spurns former Guantanamo Bay detainee's appeal

 Omar Khadr smiles as he answers questions during a news conference after being released on bail in Edmonton, Alberta, May 7, 2015. Khadr, a Canadian, was once the youngest prisoner held on terror charges at Guantanamo Bay. 
REUTERS/Todd Korol/


MAY 20, 2024, 

WASHINGTON - The U.S. Supreme Court turned away on Monday a Canadian former Guantanamo Bay detainee's bid to vacate his convictions for the 2002 murder of an American soldier in Afghanistan and other crimes he committed at age 15 to which he later pleaded guilty.

The justices declined to hear an appeal by Omar Khadr, now age 37, of a lower court's refusal to hear his case on the grounds that he had waived his right to appellate review as part of a 2010 plea agreement before a U.S. military commission.

Khadr was one of the youngest prisoners held at the detention facility at the U.S. naval base in Cuba. Khadr pleaded guilty in exchange for an eight-year sentence and transfer to a Canadian prison. He was granted bail in 2015 and completed his sentence in 2019 as he continued to pursue dismissal of his U.S. convictions.

He was taken to Afghanistan by his father, a senior al Qaeda member who apprenticed his son to a group of bomb makers who opened fire when U.S. troops came to their compound in 2002. During the firefight, Khadr, 15, threw a hand grenade that killed Sergeant Christopher Speer, a U.S. Army medic. Khadr was gravely wounded - shot twice - when he was captured by U.S. forces.

In 2007, Khadr was charged under a 2006 U.S. law called the Military Commissions Act with five crimes including murder and attempted murder in violation of the law of war, and providing material support to terrorism. He was 24 when he pleaded guilty.

In 2012, a federal appeals court in a separate Guantanamo Bay detainee's case issued a decision with potential implications for Khadr. The U.S. Court of Appeals for the District of Columbia Circuit ruled that defendants could not be charged under the Military Commissions Act for certain crimes that occurred prior to the law's adoption in 2006.

Despite having agreed to waive his right to appellate review, Khadr appealed to the D.C. Circuit. Attorneys for Khadr argued that his convictions, which were based on actions he took in 2002 before Congress passed the statute, violated the U.S. Constitution's ban on criminalizing conduct after it has occurred.

The D.C. Circuit rejected Khadr's appeal because of his waiver of appellate review.

At issue in Khadr's petition to the Supreme Court was whether he is bound by his agreement to waive his right to appeal, not whether his convictions should be immediately vacated.

Khadr's attorneys told the Supreme Court that although Khadr had agreed to waive his right to appeal, he had not actually filed the paperwork to finalize the waiver when the D.C. Circuit issued its ruling establishing a new legal standard favorable to Khadr's case.

President Joe Biden's administration had urged the justices to turn away Khadr's appeal.

Khadr's plea deal came in a case that made the United States the first nation since World War Two to prosecute a defendant in a war crimes tribunal for acts allegedly committed as a juvenile. Khadr's lawyers had argued unsuccessfully at the time that he was a child soldier who should be rehabilitated rather than prosecuted in a military tribunal.

Canada formally apologized to Khadr in 2017 "for any role Canadian officials may have played in relation to his ordeal abroad and any resulting harm" and paid out C$10.5 million ($7.83 million) in compensation.

The United States opened the Guantanamo detention facility for foreign terrorism suspects in 2002, months after U.S. forces invaded Afghanistan in the aftermath of the Sept. 11, 2001, attacks on the United States by al Qaeda militants who were harbored by the country's Taliban leaders. The Taliban returned to power in Afghanistan in 2022 after Biden withdrew U.S. forces. 

REUTERS

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Jul 30, 2015 ... ... US naval base at Guantanamo Bay ("Gitmo"), Cuba. ... However, human-rights and legal groups — even the United States Supreme Court ... In June 2015&n...