The Superior Court of Quebec has allowed a B’nai Brith-backed class action lawsuit to proceed on behalf of Jewish students enrolled at McGill University.
In a 16-page written judgment on Tuesday, the Hon. Dominique Poulin said she authorized “plaintiff David Cobrin to institute a class action against McGill University on behalf of a group of Jewish students registered at McGill” and that the cause of action “stands a chance at trial and deserves to be heard.”
The class action, taken by law firm FFMP, is on behalf of all Jewish students registered at McGill University from October 8, 2023, onward (including undergraduate, master’s, continuing education, doctoral, and post-doctoral).
The class action alleges that McGill failed to reasonably enforce its policies in the face of antisemitic and anti-Zionist conduct on its campus, and seeks compensation for Jewish students who were accordingly deprived of a safe, welcoming, and respectful university environment since October 8, 2023.
For example, an anti-Israel encampment on campus involved figures associated with extremist groups and banned student organizations, including Students in Solidarity with Palestinian Human Rights (SPHR), which glorified Hamas’ attacks during a series of social media posts on October 7 and 8.
Then, around the one-year anniversary of the events of October 7, SPHR promoted the “week of rage.” Plaintiff Cobrin said he witnessed hundreds of protesters break down and trample the barriers that had been erected to protect the surroundings. He also said he was shocked by the chanting of antisemitic slogans and fearful for his personal safety.
McGill claims allegations do not provide specific measures it could have taken
McGill, however, argued that Cobrin failed to advance allegations of facts that demonstrate when and why McGill should have acted, what measures it should have taken, and why such measures would have been more appropriate than the ones that were taken. McGill also argued that many of the protesters were third parties not subject to its discipline.
It also told the judge that the allegations do not plausibly convince that any specific measure it did not take would have successfully provided a safer environment for Jewish students.
Judge Poulin noted that universities are immune from the intervention of the courts unless exceptional circumstances justify that their decisions and actions be reviewed. She nevertheless overruled the McGill argument, saying that the situation which prevailed at McGill after the events of October 7 was sufficiently “exceptional and complex” to warrant class action.
B'nai Brith CEO calls McGill's failure 'unacceptable'
“This judgment is an important first step toward recognizing the lived experience of Jewish students at McGill and, through them, toward ensuring accountability and meaningful change at the institution,” Simon Wolle, B’nai Brith Canada’s CEO, said.
“It is unacceptable that McGill has failed to prevent its campus from descending into a place where Jewish students encounter regular incidents of hate, antisemitism, and extremism.
“B’nai Brith Canada will continue to advocate for the well-being and equal treatment of Jewish students at McGill and throughout Canada,” she said.
“For years, Jewish students at McGill have been harassed, marginalized, and even assaulted,” Paola Samuel, B’nai Brith Canada’s regional director for Quebec and Atlantic Canada, said. “This decision will ensure McGill’s Jewish students have the opportunity to be heard in court.”