The Lawsuit Unfolds: A Charter Challenge Against the Board of Governors

In a significant development for Canadian higher education, associate professor Michael Litwack and two recent alumni, Noor Abdo and Mustapha Yassin, have launched a constitutional challenge against the University of Alberta's Board of Governors. Filed on April 10, 2025, in the Court of King's Bench of Alberta, the lawsuit alleges that the university's decision to direct Edmonton Police Service officers to dismantle a pro-Palestinian encampment in May 2024 violated sections 2(b), 2(c), and 2(d) of the Canadian Charter of Rights and Freedoms. These sections protect freedom of expression, peaceful assembly, and association, respectively.

The plaintiffs argue that the forcible removal—carried out by riot-geared officers using batons early on May 11, 2024—infringed on their rights to protest peacefully against what they describe as Israel's actions in Gaza and the West Bank, labeled by some as genocide. Litwack, who identifies as Jewish and is affiliated with Faculty for Palestine and Independent Jewish Voices, emphasizes that the case is about holding publicly funded universities accountable for suppressing dissent. Abdo, co-founder of the university's Students for Justice in Palestine chapter, and Yassin, both Palestinian Canadians with family refugee backgrounds, highlight the personal stakes in advocating for divestment and disclosure of university investments tied to Israel.

Represented by lawyer Avnish Nanda, the suit seeks a judicial declaration that the board's actions were unconstitutional, aiming to set a precedent for how Canadian universities handle political protests. The University of Alberta has acknowledged service of the claim but will respond formally through the courts, maintaining silence on specifics amid ongoing litigation.

Timeline of the People's University for Palestine Encampment

The encampment, dubbed People's University for Palestine (PU4P), emerged amid a nationwide wave of similar protests on Canadian campuses in spring 2024, inspired by U.S. actions following the October 7, 2023, Hamas attacks on Israel and Israel's subsequent military response in Gaza. On May 9, 2024, protesters established tents on the university's main Quad, demanding four key actions: full disclosure of endowment investments linked to Israeli institutions, divestment from those holdings, a formal condemnation of alleged genocide in Gaza, and protection of protest rights on campus.

Initially, university president Bill Flanagan indicated tolerance for a peaceful demonstration. However, by the third day, concerns escalated over perceived safety risks, including wood pallets potentially for barricades and items like hammers, axes, screwdrivers, and syringes interpreted as weapons. At approximately 4 a.m. on May 11, Edmonton police moved in, leading to confrontations. Videos captured officers striking non-compliant protesters, resulting in reports of injuries—though a later Alberta Serious Incident Response Team (ASIRT) probe in November 2024 found no serious harm. Protesters, numbering around 25 at the time, were banned from campus for a year.

This swift action contrasted with longer occupations elsewhere, such as the University of Toronto's 62-day encampment cleared via court injunction in July 2024.

The Independent Review: Legal Authority Affirmed, Alternatives Suggested

In response to backlash—including faculty resignations, rallies demanding Flanagan's ouster, and open letters from over 1,000 signatories—the university commissioned retired Court of King's Bench Justice Adèle Kent KC to conduct an independent review. Her 142-page report, released in December 2024, concluded that the university possessed the legal authority to enlist police for removal, deeming the encampment "disruptive and potentially dangerous."

However, Kent recommended alternatives like seeking a court injunction or intensified negotiations, noting these might have de-escalated tensions. She praised the encampment's largely peaceful nature but highlighted evolving risks. The Board of Governors accepted the findings, subsequently disclosing endowment holdings (available since 2022) and tasking the Canadian Shareholder Association for Research and Education with policy review—a partial win for protesters.

Plaintiffs' Perspectives: Standing Against Repression

Michael Litwack frames the lawsuit as a broader stand against "repression, violence, [and] intimidation" used by Canadian universities to silence opposition to the Gaza conflict. Noor Abdo stresses public funding obligates institutions to permit protests, questioning investments in entities linked to alleged genocides. Mustapha Yassin calls for systematic negative screening of future investments based on human rights records.

These views echo prior incidents, like a November 2023 vigil marshaled by Litwack and Jewish Voices members, which the university initially flagged as a safety threat before acknowledging its peacefulness—yet without apology.

University and Community Responses: Safety vs. Rights

Flanagan defended the decision citing resource constraints and non-student participants (about 75 percent external). Post-removal, protests drew hundreds, with faculty condemning police "violent infringement" on rights. Law professors at Alberta and Calgary universities issued statements, though critiqued for legal overreach by some observers.

By June 2024, the board moved toward investment transparency. Jewish and pro-Israel groups expressed concerns over encampment rhetoric, amid rising campus antisemitism reports. Nationally, Hillel Ontario noted heightened tensions, balancing free speech with safety.

Photo by Philip Yu on Unsplash

Broader Context in Canadian Higher Education

The U of A incident reflects 2024's 25 pro-Palestinian encampments across Canada's 78 public universities, per scholarly tallies. Outcomes varied: McGill and U of T secured injunctions; Waterloo sued students; UBC and others negotiated. In British Columbia, Vancouver Island University sought court orders, while others prioritized dialogue.

Statistics underscore scale: Protests disrupted graduations, exams, and operations, with police interventions in Alberta (U of A, U of C) drawing scrutiny. A Canadian Journal of Sociology study maps encampments from April 22 to June 10, 2024, highlighting demands for divestment amid $1.5 billion+ in Canadian institutional investments potentially linked to Israel (per activist estimates).

Legal Precedents and Ongoing Cases

U of T's July 2024 injunction victory affirmed universities' property rights over indefinite occupations, influencing Alberta's approach. Protesters at U of T claimed partial wins on task forces but no divestment. Elsewhere, lawsuits proliferated: Pro-Palestinian groups sued UCLA (U.S. parallel); Canadian students vowed persistence despite crackdowns.

In Canada, courts weighed Charter rights against institutional authority, often favoring universities when safety or disruption loomed. This U of A suit tests boundaries, potentially clarifying publicly funded entities' protest tolerances.

Implications for Academic Freedom and Free Speech

The case spotlights tensions in Canadian postsecondary institutions: balancing expression with operations. Universities like U of Winnipeg faced academic freedom controversies (e.g., race-IQ debates), paralleling protest handling. Faculty unions decry repression; admins prioritize safety amid dual threats—antisemitism surges (up 500% post-Oct 7 per B'nai Brith) and Islamophobia.

Stakeholders urge policies: Transparent divestment reviews, protest zones, dialogue forums. For higher ed leaders, it underscores training in de-escalation, legal counsel integration.

Diverse Stakeholder Perspectives

Pro-Palestinian voices see encampments as vital advocacy; Jewish groups fear rhetoric veering antisemitic (e.g., "genocide" chants). University admins navigate neutrality mandates under Alberta's guidelines post-2024. Students report trauma from police; others safety relief.

• Balanced divestment: U of A discloses, reviews ESG risks.
• Protest rights: Charter-protected but not absolute (time/place/manner limits).
• Equity: Palestinian students' voices amid refugee heritages.

Future Outlook for Campus Activism in Canada

As litigation proceeds, expect ripple effects: Enhanced protocols at McGill, UBC; federal probes into foreign funding influences. Positive steps include U of A's investment task force, signaling constructive paths. For aspiring academics eyeing faculty roles in Canada, this highlights navigating polarized climates.

Optimism lies in dialogue: Many encampments yielded task forces, fostering accountability without force. With enrollment pressures and funding cuts, universities prioritize harmony.

Photo by Marquise Kamanke on Unsplash

Lessons for Canadian Universities and Policymakers

This lawsuit reinforces need for proactive policies: Early engagement, clear guidelines, hybrid safety-expression frameworks. Alberta's post-event transparency exemplifies. Nationally, amid 2026 budget squeezes, institutions balance advocacy with academics.

Explore careers in resilient Canadian higher ed via AcademicJobs.com Canada listings.