UQAM’s request related to pro-Palestinian encampment heard by Quebec Superior Court judge

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A Quebec Superior Court judge began hearing Université du Québec à Montréal’s request for an injunction related to the pro-Palestinian encampment on Friday with a demand that the many lawyers involved address one question.

Justice Louis-Joseph Gouin said he is “the first” person to recognize a person’s right to the freedom of expression and to protest, but he also listed several problems included in UQAM’s request for the injunction.

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The judge highlighted one of the paragraphs near the end of the request, which says: “Although UQAM is not asking the court at this stage to order the complete dismantling of the encampment located on its property, the latter explicitly reserves its right to do so depending on the circumstances and the evolution of the situation.”

“You can protest, you can gather, but is it being done peacefully,” the judge told the packed courtroom at the Montreal courthouse. He also said he is only hearing the request as a provisional injunction on Friday, which means whatever decision he delivers would only last for 10 days. UQAM has also asked for a permanent injunction, which can be heard at a later date.

The request targets six groups, including Solidarité pour les droits humains des Palestiniennes et Palestiniens à l’Université du Québec à Montréal (SDHP-UQAM) and the Association des étudiantes et étudiants de la faculté des sciences de l’éducation de l’Université du Québec a Montréal (ADEESE-UQAM).

By comparison, last week, when McGill University made a similar request involving the encampment that was established on its property April 27, it listed the defendants as “John Doe and Jane Doe” because it said it has no idea who is in the encampment. A different Superior Court judge rejected that request.

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The encampment at UQAM’s Pierre-Dansereau Science Complex went up May 12 with 13 tents. The number grew to 40 by May 21. The one at McGill is on an open field near the Roddick Gates and is not blocking access to the school. Lawyers for UQAM say the one there is different because it blocks circulation on the campus.

“Construction-site fences were used to barricade and restrict access to the encampment located in the interior courtyard of the Pierre-Dansereau Science Complex,” UQAM says in its request. “These same fences are covered with flags, banners and opaque tarps, preventing almost all visibility inside the encampment.

“Doors usually allowing entry and exit from the science pavilion and the science library are hampered by the encampment and/or its occupants.”

UQAM also highlighted graffiti on its property at the encampment and says it appears people involved with the encampment have used cardboard to cover surveillance cameras at the science complex.

“The cameras are essential (to Friday’s hearing),” the judge said.

This article will be updated. 

pcherry@postmedia.com

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