Resolution calling upon Quebec universities and institutions of higher learning to apply and enforce existing laws and codes of conduct to address violence, harassment or discrimination occurring on campuses and throughout these institutions

C A N A D A
PROVINCE OF QUEBEC
CITY OF COTE SAINT-LUC

EXTRACT FROM THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MONDAY, APRIL 8, 2024 AT 8:00 P.M. AT 5801 CAVENDISH BOULEVARD, CÔTE SAINT-LUC

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RESOLUTION OF THE CITY OF CÔTE SAINT-LUC CALLING UPON QUEBEC UNIVERSITIES AND INSTITUTIONS OF HIGHER LEARNING TO APPLY AND ENFORCE EXISTING LAWS AND CODES OF CONDUCT TO ADDRESS VIOLENCE, HARASSMENT OR DISCRIMINATION OCCURRING ON CAMPUSES AND THROUGHOUT THESE INSTITUTIONS

WHEREAS students on Canadian university campuses have been engaging in anti-Semitism, spewing hatred, and intimidating those who disagree for many years;

WHEREAS since October 7, 2023, there have been an unprecedented number of anti-Israel protests on university campuses in Montreal including McGill and Concordia Universities;

WHEREAS since October 7, 2023, many Jewish students, faculty and employees have expressed fear and anxiety being on campuses at McGill and Concordia Universities and have been hiding religious symbols out of fear of violence;

WHEREAS a pro-Hamas riot broke out at Concordia University on November 8, 2023, because Jewish students received permission to set up a table that drew attention to the hostages being held by Hamas, and where a member of the mob and a University of Montreal lecturer shouted at a Jewish student to “Go back to Poland!”;

WHEREAS on November 9, 2023, during an illegal protest on the steps of the McCall MacBain Arts Building of McGill University, a speaker thanked those who disrupted and intimidated Jewish students at Concordia University a day earlier and stated: “We terrified them!”;

WHEREAS recent reporting of these events at the universities include:

Antisemitic chants and actions including calls to armed violence;

Aggression, bullying, violence and threats of violence targeting Jewish students;

Physical attacks;

Interfering with student, faculty, and employee access to their education and to move freely about the campuses without fear of harm;

Graffiti on university property that is antisemitic;

Group harassment of Jewish students;

University professors acting to promote anti-Israel and/or antisemitic positions;

Elected student union representatives supporting or promoting anti- Jewish rhetoric;

WHEREAS the McGill University Policy on Harassment and Discrimination begins with the following statement of responsibility:

The University shall take measures aimed at creating and maintaining an environment free from Harassment and Discrimination. The University shall take reasonable action to prevent Harassment and Discrimination, and, whenever it becomes aware of such behaviour, to put an end to it;

WHEREAS the Concordia University Code of Rights and Responsibilities begins with statement of principles:

The Code of rights and Responsibilities (“Code”) has, as its grounding principles, the values of civility, equity, respect, non-discrimination and an appreciation of diversity as manifested within the University and within society-at-large.

All Members of the University, as defined in Section III of the Code, may reasonably expect to pursue their work, studies and other activities related to University life in a safe and civil environment. As such, neither the University nor any of its Membersshall condone any conduct which adversely affects the University or any of its Members.

WHEREAS events that have taken place since October 7, 2023, on both McGill and Concordia campuses have called into question these institutions’ inaction and dereliction of duty to maintain safety and security according to their own policies as stated above and evidence the need for a systemic improvement for the benefit of all its students, faculty and employees;

WHEREAS the Superior Court case N^o.500-17-129079-243 by the granting of a Provisional Injunction, clearly demonstrates that Freedom of Expression is not absolute; especially when it leads to a violation of the rule of law, results in anti- Semitism, assaults, harassment, and/or bullying as the Charter of Human Rights and Freedoms (CQLR c C-12) does not permit someone to violate others;

WHEREAS the jurisprudence is pristine and abundantly clear in that universities are legally bound to respect and uphold the charter rights of its students, faculty and employees;

WHEREAS the failures in abiding by the McGill University Policy on Harassment and Discrimination and the Concordia University Code of Rights and Responsibilities include the following:

Failing to provide proper training or methodologies in dealing with the verbal assaults, harassment, bullying matters and proper education on the issue of anti-Semitism and zero-tolerance policies;
Failing to adequately investigate, discipline or sanction students and student organizations involved in anti-Semitism, assaults, harassment, and/or bullying on university campuses;
Failing to take the appropriate steps to denounce, and sanction anti- Semitic movements on campuses, including, but not limited to, any organization for Boycott, Divestment and Sanctions movement, and any organization that promotes the hatred towards Jewish persons;
Failing to take the appropriate steps to terminate its agreement with student groups for breach of internal policies, regulations and guidelines relating to the dissemination of hate propaganda and hate speech;
Failing to enforce policies such as wearing masks or covering your face;

WHEREAS the universities have failed to act in accordance with the Charter of Human Rights and Freedoms (CQLR c C-12) and The Civil Code of Quebec (CCQ-1991);

WHEREAS the residents of Côte Saint-Luc are directly impacted by the situation;

WHEREAS the population is composed of many academics, scholars, and students of these institutions; they require the most basic of protections that are fundamental to the fabric of our society;

WHEREAS failing to secure university campuses will cause the inevitable decline in the universities’ standing and will prompt an exodus of our youth to pursue their degrees elsewhere, which will have a deep negative impact on our Community; this will also serve to limit the diversity of the student body at these universities;

It was

MOVED BY COUNCILLOR LIOR AZERAD
SECONDED BY COUNCILLOR MITCH KUJAVSKY

AND RESOLVED:

“THAT the Côte Saint-Luc City Council (“Council”) calls on the leadership of Concordia and McGill Universities to act lawfully and comply with their existing policies and procedures and act as per the points set out herein:

Provide physical safety and security to all students regardless of race, religion, ethnicity or other protected group;
Dismantle movements or organizations on campuses that promote anti- Israel or antisemitic sentiments;
Stop funding their respective student unions until the hate literature and paraphernalia are removed from their locations;
Take measures against students employing antisemitic statements, violence, harassment, intimidation and/or bullying;
Stop antisemitism on campus;
Restore a proper learning environment that is in line with Quebec education standards in our institutions of higher learning;

THAT Council calls on the leadership of Quebec universities to adopt clear policies on dealing with antisemitism on campus and ensure that all students are able to fully participate in student life without the threat of intimidation or physical or verbal threats;

THAT Council calls on the Quebec Minister of Higher Education to meet with the leaders of Quebec universities to address the issues of antisemitism, violence, harassment, and intimidation on campuses;

THAT Council directs its City Clerk to send copies of this resolution to all of members of the National Assembly of Quebec, including the Member of the National Assembly for D’Arcy McGee, to all other municipalities in the Montreal Metropolitan Community, to the Member of Parliament for Mount Royal, to the Prime Minister of Canada, to the Union des Municipalités du Québec (UMQ), to the Fédération Québécoise des Municipalités (FQM), to the Federation of Canadian Municipalities (FCM), to the Presidents of Concordia, McGill, University of Montreal, UQAM and to the members of the Quebec Advisory Board on English Education. ”

CARRIED BY MAJORITY OF THE VOTE, WITH COUNCILOR ANDEE SHUSTER ABSTAINING DUE TO A CONFLICT OF INTEREST