$77 million antisemitism class-action lawsuit filed against McMaster University and student union

Jan 4 2024, 5:27 pm

A class-action lawsuit worth $77 million has been filed against McMaster University and its student union.

On Thursday, personal injury law firm Diamond and Diamond Lawyers announced that the lawsuit had been filed on behalf of all Jewish students currently enrolled at McMaster University and those who have graduated from the university within the past two years.

The Lawfare Project, which provides pro bono legal services to protect the civil and human rights of the Jewish people worldwide, is also partaking in the suit.

“Jewish students at McMaster University have suffered psychological turmoil due to faculty praising the October 7 attacks in Israel and exposure to antisemitic rhetoric at rallies on campus,” the firm said in a release.

It alleged that a recent vigil by Jewish student groups was moved to a secret location due to safety concerns and that a McMaster teaching assistant “supported the public display of a swastika outside Canada’s Parliament Hill.”

“The occurrences in question have exacerbated existing antisemitic sentiments on the campus, an issue that has persisted for several years,” the attorneys said in a statement.

Managing partner Sandra Zisckind said that behaviour that encourages hatred, violence, and discrimination or interferes with the educational atmosphere reflects a breach of the university’s responsibility.

“Section 319 of the Criminal Code categorizes the public incitement of hatred, the deliberate promotion of hatred, and the intentional promotion of antisemitism as criminal offences,” she noted.

Brooke Goldstein, founder and executive director of the Lawfare Project, explained that the lawsuit seeks to “establish and enforce effective and enduring measures to guarantee a safe, supportive and tolerant educational setting for all students, irrespective of their race, religion, or ethnicity.”

The class action formally seeks compensation and remedies for the ongoing and historical discrimination, harassment and physical abuse experienced by Jewish students at the educational institution.

It also alleges that the university’s student union endorsed The Boycott, Divestment and Sanctions (BDS) movement in 2015 and “continues to support their operations on campus.”

In 2019, Prime Minister Justin Trudeau said the BDS movement  was “antisemitic and contrary to Canadian values.”

“In Canada, we have to recognize that there are things that aren’t acceptable, not because of foreign policy concerns, but because of Canadian values,” Trudeau had said, per Times of Israel. “It’s not right to discriminate or to make someone feel unsafe on campus because of their religion, and unfortunately, the BDS movement is often linked to those kinds of frames.”

The law firm handling this suit says it is contemplating launching similar class actions at other universities where similar things have happened.

“Individuals who have encountered antisemitism at McMaster University or any other higher education institution in Canada are urged to reach out to Diamond and Diamond Lawyers at 1-800-567-HURT,” it concluded.

“Fostering an environment that is safe and inclusive for all members of the McMaster community has always been and continues to be a critical priority for the university, which condemns all forms of hatred,” McMaster University told Daily Hive in an email on Thursday afternoon.

It added that although it is aware of the press release announcing the lawsuit, the university has not yet been served the claim.

“While we cannot comment on the specifics of legal action outside the court process, McMaster is steadfast in its commitment to providing a safe and welcoming environment where our community members feel a sense of belonging,” it noted.

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