But Only If You Agree With Me

Free speech is great. It is a principle that most people claim to support, but sometimes that support is contingent upon the subject under consideration. In a shameful episode yesterday, it became apparent how fragile the concept can be as McMaster University showed its true and cowardly colours.

The union representing academic workers at McMaster University says three students who are also connected to the labour group have been banned from campus activities after they participated in a pro-Palestinian protest earlier this year. 

The students are elected leaders with the Canadian Union of Public Employees (CUPE) Local 3906. CUPE 3906 said on social media late last week they each received a notice from the Hamilton university that they have been declared "persona non grata."

Personal non grata is a term I have not heard in a long time. Often a diplomatic sanction, it means that a person, often a representative of another country, has said or done something that has offended the host constituency.

In diplomacy, a persona non grata (PNG) (Latin: "person not welcome", plural: personae non gratae) is a foreign diplomat who is asked by the host country to be recalled to their home country. If the person is not recalled as requested, the host state may refuse to recognize the person concerned as a member of the diplomatic mission (including the removal of diplomatic immunity). A host country may declare persona non grata status for any member of a diplomatic staff at any time without any explanation.

According to McMaster's Student Code of Rights and Responsibilities, that designation is given to someone who is "denied the privilege" of entering specific parts of the university. 

"If PNG individuals are found or seen in the area they are denied, then they will be subject to a charge by Security Services under the Trespass to Property Act," the policy states. 

Demonstrating on behalf of a people experiencing genocidal attacks by Israel has therefore become a crime at McMaster.

CUPE 3906 said the status effectively bans the students from participating in campus activities, ranging from extra curriculars to any protests, but they can attend classes. At least one of the students confirmed to CBC Hamilton by email he had received the notice from McMaster. 

In its online post, CUPE 3906 said the school is hoping to "use police violence to silence resistance to its complicity in the ongoing genocide in Palestine."

According to McMaster spokesperson Michelle donavan, who refused to speak about specifics, such a sanction can be applied if the code of conduct has been violated.

The code lists activities which constitute a violation, including engaging in threatening behaviours or communications, failing to comply with safety regulations, failing to cooperate with university officials, trespassing and causing disturbances.

"A PNG notice is given if there are concerns, based on the evidence of the case, that an individual poses a potential risk to campus or members of the campus community," she wrote. 

The offending behaviour apparently was the encampment set up at the university, one of several across North America, to protest the killing of over 40,000 Palestinians by the state of Israel. 

The protest grew within a week to have over 100 people and close to 70 tents, with daily activities and speakers. It ended in May after two-and-a-half weeks.

At the time, organizers said they'd come to an agreement with McMaster which included commitments around transparency about its investments and human rights considerations in international agreements that the university is involved in. 

One of the students who says he received the notice is Mason Fitzpatrick.

Fitzpatrick is the union's vice president. He said the other two include the co-chair of a tenant solidarity working group and the chair of a working group on funding for graduate students.

Fitzpatrick told CBC Hamilton he was involved in the encampment as a camper and a union representative. He and others with CUPE 3906 were planning to speak out about the decision Tuesday afternoon at a rally just off campus.

"We will not be intimidated. We will not back down. This move by the university only serves to clarify the need for workers to stand against imperialism," CUPE 3906 said on Instagram.

"We will use all means available to us to fight for the right to protest and look forward to seeing our members back on campus."

A sad day for people's Charter Rights, and a big black eye for McMaster University. 

This Is Quite Powerful, And Also Quite Relevant

A Facebook friend posted the following, which appeared on Dandelion Salad, a site I intend to explore as time permits. Bracing and sobering, this video about the cost of exercising one's right to free speech in the home of 'brave' and the land of the 'free' seems more relevant than ever:

UPDATE: We Should All Be Outraged

My father lived to be almost 91 years of age. Should I enjoy such a long life, there are many things that I hope not to lose along the way. Near the top of the list is my capacity for outrage. This morning brought confirmation that at least for the time being, it is alive and well.

Some may remember a post I made in July about Nadia Shoufani, the Mississauga, Ontario Separate School Board teacher who participated in a rally protesting Israel's brutal abuse of the Palestinians and the occupation of their land. At the time, the Jewish lobby demanded her head, conflating her criticism of the Jewish State with antisemitism, as they are wont to do.

It appears their efforts have paid off.

The CBC reports the following:

A Greater Toronto Area elementary school teacher has been suspended following a school board investigation after she was criticized for appearing in and speaking at what advocacy groups have called an anti-Israel rally.

Nadia Shoufani, a teacher at St. Catherine of Siena school in Mississauga, Ont., has been suspended with pay pending further investigation by the Dufferin-Peel Catholic District School Board, the board said in a statement.

The school board said concerns raised by the public about Shoufani's professional conduct have been referred to the Ontario College of Teachers for review.

We should all be outraged over this craven capitulation of the Dufferin-Peel Board to the political pressure exerted by those who will brook no criticism of Israel, despite its well-documented record of human rights abuse and atrocities. Human Rights Watch notes the following:

Israel enforces severe and discriminatory restrictions on Palestinians’ human rights, and it builds and supports unlawful settlements in the occupied West Bank. Its security forces appear to use excessive force against Palestinian demonstrators and suspected attackers, raising the specter of extra-judicial killings. It has renewed the practice of punitive home demolitions. The Palestinian Authority has arrested students and activists allegedly for their political affiliation or because they expressed criticism. Hamas security forces also engage in torture and ill-treatment of people, including journalists. Israel’s closure of Gaza, supported by Egypt, amounts to collective punishment and has impeded reconstruction.

Says Amnesty International:

In the West Bank, including East Jerusalem, Israeli forces committed unlawful killings of Palestinian civilians, including children, and detained thousands of Palestinians who protested against or otherwise opposed Israel’s continuing military occupation, holding hundreds in administrative detention. Torture and other ill-treatment remained rife and were committed with impunity.

The facts are not in dispute here, but thanks to those public officials working in Dufferin-Peel who have neither backbone nor a belief in freedom of speech, only the kind of cravenness seen in the worst of our politicians, Shoufani is being made an example of. That the board lacks even a scintilla of integrity is evidenced by their refusal to acknowledge they are succumbing to outside pressure, instead hiding behind another excuse for her suspension, as revealed by the Ontario English Catholic Teachers' Association (OECTA), which is representing the beleaguered teacher. They said,

the teacher wasn't suspended for her conduct, but instead for appearing to not comply with the investigation. However, OECTA said the teacher has provided all of the information the board has asked for and met its timelines.

But not everyone is unhappy about this witch hunt:

Amanda Hohmann, the national director of B'nai Brith Canada's league for human rights, praised the board for suspending the teacher this week.

"It is heartening to see the school board treating this matter seriously," Hohmann said in a statement.

While Hohmann and her group may be gratified by Shoufani's suspension, I expect and hope that fair-minded people everywhere will be appalled by this indefensible curtailment of one of our most valued Charter rights: freedom of expression.

UPDATE: Thanks to Marie for this video that clearly addresses the kinds of conditions that Nadia Shoufani was protesting against. Even if you watch even five or ten minutes, you will get the picture.

Free Speech Is Fine

.... except when it is used to criticize Israel, as Mississauga, Ont. teacher Nadia Shoufani is learning.

She addressed a downtown Toronto rally on 2 July, marking al-Quds Day, an annual event held around the world to support Palestinian rights and to protest Israel’s occupation of the Palestinian territories.

“Silence in situations of oppression and injustices is a crime against humanity,” Shoufani said in her speech at the rally, in which she condemned the Israeli occupation and Israel’s policies of home demolitions, land confiscation and arrests of Palestinians.

The fact that Shoufani called upon the occupied to resist was apparently too much for the Jewish lobby.

CBC reports that she is now being investigated on several fronts after Bnai Brith et al. complained:

Bruce Campbell, general manager of communications and community relations for the Dufferin-Peel Catholic District School Board [for whom she works], said Wednesday an investigation has begun. He said the matter was brought to the board's attention through a number of sources, including the Friends of Simon Wiesenthal Center and B'nai Brith Canada.

The governing body for Ontario teachers is also prepared to bring down the hammer:

A spokesperson for the Ontario College of Teachers said the organization is "aware of the matter.

"If and when a complaint is launched to the College, we will deal with it accordingly," Gabrielle Barkany said in an email to CBC News.

Toronto police are also involved:

Toronto police said they have opened an investigation into comments made at the Al-Quds rally, but could not confirm that Shoufani herself is under investigation.

"It's being investigated as we speak," Const. Allyson Douglas-Cook said on Wednesday. "I can confirm that we are investigating comments made at the rally and there is more than one person involved."

MintPressNews reports that her stance has support, however, from those not afraid to criticize Israel:

Tyler Levitan, campaigns coordinator at Independent Jewish Voices-Canada, a group that supports Palestinian rights, said organisations like Bnai Brith Canada and Canadian Friends of Simon Wiesenthal “are shills for Israel”.

“Ms Shoufani was speaking passionately in support of the Palestinians’ right to defend themselves against an occupying power,” Levitan told MEE in an email.

“Under international law, those living under military occupation and a system of colonialism have the absolute right to resist. Ms Shoufani spoke as a defender of the rights of an occupied and besieged people to resist an obscenely violent and criminal military occupation over their lands.”

Nonetheless, mainstream lobbyists who oppose any defence of Palestinians have shown remarkable effectiveness in stifling criticism of the Jewish state:

Recently, pro-Israel lobby groups in Canada have launched several campaigns targeting groups and individuals supporting Palestinian rights.

Bnai Brith Canada lauded a parliamentary motion passed earlier this year condemning the Boycott, Divestment and Sanctions (BDS) movement, which seeks to hold Israel accountable under international law.

In March, the Centre for Israel and Jewish Affairs accused Canadian law professor Michael Lynk of demonstrating a pro-Palestinian bias and of being involved in “anti-Israel advocacy”. The accusations came after Lynk was appointed as the new Special Rapporteur on human rights in the occupied Palestinian territories.

Pro-Israel groups have also urged Canada to maintain funding cuts on the United Nations agency that supports Palestinian refugees, UNRWA.

They are also pressuring the Green Party of Canada to dismiss two motions, set to be debated at a party convention in August, that would strip the Jewish National Fund of its charitable status and endorse BDS.

“I know from past experience that Bnai Brith would be using every means possible to try to shut down the al-Quds rally,” said Ken Stone, treasurer of the Hamilton Coalition to Stop the War and another speaker at the al-Quds Day rally in Toronto this year.

Stone told MEE that Bnai Brith Canada has taken the comments made at the rally out of context and distorted them in an effort to shut down the annual event and silence Canadian supporters of Palestinian rights.

“What they’re trying to do is … put a chill on people like Nadia Shoufani,” he said.

“[And] put a chill on people who might be tempted to get up at an al-Quds rally and declare their support for the Palestinian cause.”

What a wonderful ideal to aspire to - free speech and the open exchange of points of view. Too bad that when it comes to Israel, such democratic mainstays seem to have no place.

Now Here's An Interesting Idea

At a time when workers' rights are under constant attack, dangerous, Draconian, Orwellian and unconstitutional measures have been passed in Alberta that not only strip away the arbitration rights of public servants, but also limit their freedom of speech.

First, to the 'less contentious' of the two bills recently passed by Alison Redford's Conservative government. In Alberta, strikes by the Alberta Union of Provincial Employees, who have been without a contract since last March, are forbidden. However, recently passed Bill 46 removes the underpinnings enjoyed by most unions where strikes are prohibited: binding arbitration. With the removal of that right, Redford's government will now be able to impose the following after the negotiation deadline of January 31:

... a legislated four-year deal with no increases over the first two years and one-per-cent increases in each of the next two would come into effect.

However, there are even more grievous measures contained in companion Bill 45, ostensibly legislation to introduce a more comprehensive range of measures that can be applied when there is an illegal strike or threat of an illegal strike that goes much further.

As noted at Rabble.ca, the bill

... denies individuals the fundamental right to freedom of expression. Bill 45 introduces for the first time in Canada, a vague legal concept of "strike threat" which makes it illegal to canvass the opinion of "employees to determine whether they wish to strike" or to freely express a view which calls for or supports strike action.

So Bill 45 essentially attempts to strip away our constitutionally guaranteed right to freedom of speech; it likely will not withstand a Charter challenge, but the bill's intent nonetheless provides a rather frightening look into the minds of legislators today, minds that seem to endorse the attack on essential rights and freedoms as somehow good and just. Even the Calgary Herald and Wild Rose leader Danielle Smith condemn such a worldview. The former describes the bills as marking a dark chapter in Alberta history.

How does one fight such a mentality? Writing in the Edmonton Journal, Lloyd Maybaum, an Alberta physician, draws upon his experience in 2012 during a period of protracted negotiations. He suggests an innovative strategy to combat this assault on basic rights: a virtual strike.

During a virtual strike, unlike an actual strike, there is no cessation or slowdown of work, and everyone earns their regular pay.

The power of the virtual strike lies in the strategic donation of earned income. In the case of a hostile, bullying government, one could follow the adage that the enemy of your enemy becomes your friend and donate income from virtual strike days to opposition parties in the legislature.

Every Wednesday, for instance, union leaders could encourage nurses from across the province to go online and donate $100 to the political party of their choice.

By so doing, the union would be taking its fight directly to the governing party, not allowing patients to become caught in the crossfire of negotiations.

And as Maybaum points out, every $100 donation would only cost $25 after the political donation deduction, and could prove a potent weapon in a jurisdiction that is apparently trying to cripple people's rights.

Should those of us not living in Alberta be concerned? Without question. Both federally and provincially, workers are increasingly seen as impediments to the unfettered profits of business. There is, for example, Tim Hudak in Ontario who wants to make the province a 'right to work' jurisdiction; the Harper cabal seeks to cripple unions through disclosure of expenditures via Bill C-377, legislation that has been weakened, fortunately, by a amendment in the Senate put forward by Hugh Segal.

Constant vigilance is required. Truly, the battle taking place in Alberta is everyone's fight.