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The temporary injunction barring certain groups from protesting within 50 metres of nearly two dozen Jewish community buildings in Montreal was extended Friday for six months as the case was argued in Quebec Superior Court.
Lawyers for the two sides came to a negotiated agreement for one of the groups, Independent Jewish Voices, which will allow their members to protest at a distance of roughly 25 metres from the sidewalk in front of the buildings.
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Lawyers for the Jewish community organizations argued Friday that a permanent injunction must be put in place against the other groups — Montréal4Palestine, Palestinian Youth Movement Montreal and Alliance4Palestine.QC and an individual, Bara Iyad Abuhamed — because of what they called intimidating tactics used by their members.
“The purpose of the order is for the protection, safety and security of the community, and of all communities,” said lawyer Neil Oberman. “And it needs to be maintained in light of the heightened emotions on the part of the protesters, and their inability to separate their emotions from the rule of law.
“The protesters are exercising hate assembly and hate speech, which has resulted in attempts to intimidate and harass members of an identifiable community. This will not be tolerated.”
The initial temporary injunction barred protests within 50 metres of the Spanish and Portuguese Synagogue of Montreal and the neighbouring Federation CJA building on Côte Ste-Catherine Rd., the YM-YWHA building on Westbury Ave., Herzliah High School on Mountain Sights Ave. and United Talmud Torahs of Montreal. It was extended in April to include more than a dozen more Jewish schools, synagogues and community centres throughout the city.
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On March 5, a group waving Palestinian flags and chanting in front of the Spanish & Portuguese Synagogue protested against the synagogue hosting a trade fair called The Great Israeli Real Estate Event.
The day before, protesters barred the doors to the Cummings House on Côte-Ste-Catherine Rd. for four hours during an event with three Israeli speakers, former members of the Israel Defense Forces (IDF). Audience attendees said they were yelled at, spat on and shoved, allegations that members of Independent Jewish Voices said were untrue. Two protesters were arrested for assault at that protest. Members of Independent Jewish Voices argue that the injunction promotes the narrative that the buildings were targeted because they are Jewish community buildings, when in fact they were protesting the events for specific reasons.
Attending the court hearings in the morning, Rabbi Joshua Ellis of the Spanish and Portuguese Synagogue said there would be no issue if protesters demonstrated peacefully.
“One thing I love about Canada is our ability to clearly express our opinion, regardless of what anyone might think about it, as long as it’s done in a respectful way,” he said. But the protesters who clogged the front steps of his synagogue were spewing hate speech and intimidating people trying to enter, he said.
“The right to protest and express our opinion are sacrosanct, but we can’t let people use it as a tool to disrupt life, especially Jewish life. We need to make sure that our civil rights keep us civil, and that is the point of these judgements, is my understanding.”
Judge Dominique Poulin said she would render a judgment in the coming weeks.
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