B’nai Brith Canada Backs Class Action Lawsuit Against McGill University

The escalating issue of antisemitism on the campus of McGill University has led B’nai Brith Canada to back a class-action lawsuit aimed at holding the institution accountable. Fishman Flanz Meland Paquin LLP, a prominent litigation law firm in Quebec, filed an Application for Authorization to Institute a Class Action in the Superior Court of Montreal. This lawsuit seeks to represent all Jewish students enrolled at McGill since October 8, 2023, including undergraduate, masters, doctoral, and post-doctoral students.

The timing of October 8 is crucial as it marks the day following Hamas’ horrific terrorist attacks on Israel in 2023, which was among the most devastating massacres of Jewish people since the Holocaust. The lawsuit argues that McGill has created an environment rife with “overt anti-Zionist and antisemitic sentiment and activity” and, as a result, has failed to fulfill its duty to protect students from harassment and discrimination as outlined in its Code of Conduct and policies. The plaintiffs seek reimbursement for McGill’s breach of this obligation and call upon the Court to enforce policies that safeguard Jewish students and address antisemitism, recognizing anti-Zionism as a form of antisemitism.

B’nai Brith Canada’s Regional Director for Quebec and Atlantic Canada, Henry Topas, emphasized the need for support for McGill’s Jewish students due to the university’s failure to address the escalating situation. Radicalized individuals, both students and non-students, have hindered Jewish students from accessing their entitled university experience. McGill’s student union and affiliated groups have been complicit in vilifying Israel and marginalizing their Jewish members since October 7, 2023, with McGill acknowledging the rise of antisemitism on campus.

One prospective representative plaintiff experienced physical assault during a school protest in February 2024, where McGill failed to hold anyone accountable for the assault despite acknowledging policy violations. This incident, along with others, fostered an atmosphere where the student felt unsafe engaging in Jewish activities at McGill. Sparks of further controversy ignited when the Students in Solidarity with Palestinian Human Rights (SPHR) club, sanctioned by McGill at the time, praised Hamas’ violent actions as heroic, triggering campus-wide celebrations in support of the resistance.

SPHR’s provocative actions compelled McGill to demand dissociation from the Students’ Society of McGill University (SSMU), but this did not deter SPHR from inciting violence and antisemitism while maintaining ties to McGill. Subsequent attempts by SSMU to pass unconstitutional and discriminatory policies regarding Israel were thwarted by legal challenges supported by B’nai Brith Canada.

Throughout these troubling events, B’nai Brith Canada has consistently advocated for the protection of Jewish students at McGill and continues to do so. The class-action lawsuit against McGill should serve as a wakeup call to universities across Canada about the importance of combating antisemitism and safeguarding the rights of Jewish students. B’nai Brith remains committed to defending the rights of Jewish students nationwide.