Vancouver Island University sues pro-Palestinian protest leaders

A university in B.C. has launched a lawsuit against the organizers of a pro-Palestinian protest camp that was set up on the university campus on May 1.

Court documents posted online Monday show that Vancouver Island University (VIU) has filed a lawsuit against several named individuals, as well John Doe, Jane Doe and "all unknown persons operating as 'VIU Palestinian Solidarity Encampment," which was set up on May 1.

In a statement posted online, the Nanaimo-based university says it has "regrettably" launched a notice of external claim in the Supreme Court of B.C., "seeking injunctive relief and damages from the encampment participants."

"VIU must protect the safety and peace of all persons on campus. The continued presence of the encampment and encampment members participating in the above-prohibited conduct are now preventing this," the statement says.

The named individuals include five current students at VIU and one former student.

CBC News reached one of the defendants Monday, who is listed as a current student. Sara Kishawi said she would share more information after speaking with lawyers.

However, she said she and other camp organizers are "definitely appalled at the decision" from the university, saying administrators "could have sat down and talked with the students."

Instead, she said, the university was "punishing them for exercising their right to protest."

The notice of civil claim comes after the university issued a trespass notice last Thursday, saying legal action would be launched if the camp, which has been in place since May 1, was not dismantled by 8 a.m. Monday.

Legal notice follows similar action in Ontario

The camp in Nanaimo is among a number of such protest sites at universities in Canada and the United States. 

Protesters against the Israel-Hamas war in Gaza have been demanding that universities cut financial and academic ties with Israeli firms and institutions, among other things.

The trespass notice was issued last week after an Ontario court granted an injunction against a similar camp at the University of Toronto, leading to protesters leaving, which Vancouver Island University noted.

A camp at the University of B.C. in Vancouver was vacated by protesters voluntarily on July 7.

WATCH | Freedom of expression on campus: 

Campus encampments: Freedom of expression or trespassing?

6 months ago

Duration 4:50

As pro-Palestinian encampments pop up on university campuses across Canada, there's a renewed focus on freedom of expression.

VIU says the encampment's "continued presence" left them disappointed and forced them to take action to ensure the safety and well-being of the campus community.

The protesters say in a post on Instagram that they remain "steadfast" and that by issuing the deadline, the university chose to put students at risk "to villainize them and punish them for using their right to protest."

They say the university is "supposed to encourage critical thought" but is threatening students instead.

The protesters urged supporters to phone various university numbers, including those for the president's office, to complain about "the lack of care and respect" that they say an injunction or police action would show. 

The university also condemned this action, stating that security lines meant for emergencies were being unnecessarily tied up.

The university said Monday that the protesters had been escalating their actions and had engaged in vandalism, disrupted an exam and occupied various buildings.

"This decision [to take legal action] was not made lightly, but it has become necessary to ensure the university can operate effectively and that our campus remains a safe and welcoming place for all," it said on its website.

"We understand that this situation has been challenging and deeply emotional for many. We remain committed to supporting our students and employees through this difficult time and continue to encourage constructive and respectful dialogue on all issues affecting our community."