Jurist Ontario appellate court denies injunction request for Toronto Al-Quds Day rally

[Dadparvar]

The Toronto Al-Quds Day rally proceeded as planned on Saturday after the Ontario Superior Court rejected the Ontario attorney general’s request for an injunction against it.

In his ruling, Judge Robert Centa held that:

The right to assemble and speak freely must be maintained in times of global conflict. Perhaps at no other time is the protection of our civil liberties more important… There is no evidence in the record that there were criminal charges arising out of last year’s Al Quds rally in Toronto, or at the rallies in any of the prior 30 years. There is no evidence that participants at last year’s rally incited hatred or engaged in hate speech.

Legal counsel against the injunction, Shane Martinez, explained in an online post that defendants “argued that [the attorney general’s] application [for injunction] was politically motivated, and that it relied on baseless fearmongering and anti-Palestinian rhetoric in lieu of a meaningful evidentiary record.” Martinez claimed that Ontario Premiere Doug Ford intended to disregard the spirit of the Canadian Charter of Rights and Freedoms and silence dissenting voices.

Ford announced on Friday that he had instructed his attorney general to seek an injunction against the demonstration. Ford argued that Al-Quds Day–a Muslim holiday–glorifies violence and terrorism. Ford made his announcement in the context of three synagogue shootings that occurred in early March in greater-Toronto. Lobbying groups like the Centre for Israel and Jewish Affairs (CIJA) warned earlier in the week that the demonstration threatened public safety.

Both Ford and the CIJA disagreed with the ruling. Ford stated:

I am extremely disappointed that the court has refused to put a stop to Al-Quds Day, which has long been a venue for antisemitism, hatred, intimidation and the glorification of terrorism… We need to be clear that no one in Canada has the right to incite violence or free licence to intimidate and hate.

Al-Quds Day is held annually on the last Friday of Ramadan to support Palestine and oppose the Israeli occupation of Palestinian territories. Large rallies are held around the world. Al-Quds, or just Quds, is the Arabic name for Jerusalem and translates to “the holy one.” The holiday was established by Iran’s first supreme leader Ayatollah Ruhollah Khomeini, the first celebration having occurred following the Iranian Revolution in 1979.

Toronto Police released a statement on Sunday detailing how two counter-protestors were arrested and charged at the demonstration in unrelated incidents. One was charged with assault and property damage under $5,000 after swinging his arms at someone and breaking a stick causing pieces to hit the victim’s head. The other was charged with assault and incitement to hatred, among other charges, for spitting on someone and ripping an Iranian flag off of their back.

The post Ontario appellate court denies injunction request for Toronto Al-Quds Day rally appeared first on JURIST - News.

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