Judge denies injunction request to dismantle McGill encampment

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McGill University has been denied in its request for an injunction to have the pro-Palestinian encampment removed from the field on its lower campus.

After hearing arguments on the matter on Monday, Quebec Superior Court Justice Marc St-Pierre denied the request Wednesday morning. The judge suggested that the school modify its request and file it to court within the next 10 days.

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The protesters in the encampment are calling for the school to divest from companies they say are supporting Israel’s war against Hamas. It’s a request that has long been called for by student unions at many universities across North America. The protesters say McGill’s holding are linked to companies whose activities can be connected to Israel’s conflict with Palestinians or are profiting from the war. They include companies like Lockheed Martin, in which McGill has invested just under $520,000, as well as Thales SA ($1.3 million) and Safran ($1.5 million), all defence contractors.

The school argued that, as the owner of the property, “McGill has the right to occupy and enjoy the peaceful possession of its property” as defined by the Charter of Human Rights and Freedoms. The charter includes a section that says: “No one may enter upon the property of another or take anything therefrom without his express or implied consent.”

The request for the injunction also refers to The Civil Code of Quebec which states: “The owner of property has a right to revendicate it against the possessor or the person detaining it without right, and may object to any encroachment or to any use not authorized by him or the law.”

René Bruemmer of the Montreal Gazette contributed to this article.

pcherry@postmedia.com

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