MPs call for crackdown on student protest encampments, ban on display of terror symbols

In two reports on antisemitism and Islamophobia in Canada, Liberal and NDP MPs on the House of Commons justice committee said Ottawa should take steps to keep student protest encampments off university grounds, criminally ban the display of terrorist emblems and recognize anti-Palestinian discrimination as a unique form of hate.

The antisemitism report's first recommendation says the government should work with provinces and territories to see that universities ensure "encampments are not permitted," and to determine "what the rules are for protests and demonstrations, including that hateful speech, and speech that incites and justifies violence, will not be tolerated."

It also called on the government to ban the display of symbols linked to terrorist groups through the Criminal Code.

In its second report, focused on Islamophobia, the committee said the government should "formally recognize discrimination towards Palestinians as a distinct group" and invest in research to better understand it.

That report also urged Ottawa to work with provinces and territories to support "freedom of expression, academic freedom" and the safety and well-being of all students, staff and faculty, and "increase representation of Arab, Muslim, Palestinian and Arab faculty members."

The two reports, which together offer 34 recommendations, were drafted by the House of Commons standing committee on justice and human rights after it heard from Jewish and Muslim advocacy groups, university students, administrators and academics.

The committee began its study of antisemitism and Islamophobia last spring, months after the latest conflict between Israel and Hamas erupted. The war began when Hamas-led militants launched a surprise attack on Israel on Oct. 7, 2023 that killed more than 1,200 people and saw 250 people taken hostage.

Pro-Palestinian protest encampments appeared on campuses across the country after Israel launched a military operation in Gaza in response. That operation has now lasted nearly 14 months, has killed more than 44,000 people and has displaced most of the enclave's population.

Committee members heard from university students who described an art project showcasing a Nazi swastika that was displayed publicly for days at the University of Alberta. They heard from a Muslim advocacy group that reported a 1,300 per cent rise in reports of Islamophobic incidents at its legal clinic in the last months of 2023.

The committee called on the federal government to consider creating a new "intimidation" offence under the Criminal Code to "more clearly and directly protect entrance to and exit from community buildings."

It also wants the federal government to "provide additional resources to establish and maintain dedicated police hate crime units across the country."

Speaking to journalists on Wednesday, Liberal MP Anthony Housefather — special adviser to the government on Jewish community relations and antisemitism — said the university encampments are already "a violation of student policy." 

"Universities need to not allow them because they are violations of the code of conduct," he said.

While education is under provincial jurisdiction, Housefather said, the federal government can encourage universities to reinforce their own rules by providing extra funding.

It was Housefather who kicked off the study in March, though his initial motion to the committee focused only on antisemitism. He accepted an amendment proposed by the NDP that had MPs look into anti-Muslim hatred as well.

He did not, however, take part in the hearings on Islamophobia. And he questioned the idea of recognizing anti-Palestinian racism as a distinct form of hate

"We have to understand why you would have this nationality and not other nationalities, right?" he said. "If you would adopt anti-Palestinian racism, are you going to have anti-Israeli racism? Are you going to have anti-other country racism?" 

Salma Zahid, the Liberal MP for Scarborough Centre, said anti-Palestinian racism is a distinct form of hate.

"It is really very important for the government of Canada to recognize anti-Palestinian racism, define it and make sure to take action," she said.

"It exists within federal services, it exists in hospitals. We heard it very clearly from the health care sector, from the teachers, from academia."

Conservative, Bloc members disagree with majority

Conservative and Bloc Québécois members of the committee both wrote dissenting opinions for each report.

In their dissenting report, Conservatives claimed the Liberals and NDP have made Canada "more divided and unsafe than ever."

They accused the government of sending "conflicting messages ... supporting Israel within Jewish communities while delivering contradictory statements to pro-Palestinian groups."

While Conservative MPs said they agreed with most of the recommendations in the antisemitism report, they called on the federal government to end any diversity, equity and inclusion (DEI) programs in federally funded post-secondary institutions. They pointed out that some Jewish witnesses claimed these programs have failed to make space for Jewish students.

In the report on Islamophobia, Conservatives disagreed with the call for separate recognition of anti-Palestinian racism. "We must first fully understand what [anti-Palestinian racism] entails and ensure it does not conflict with other forms of discrimination recognized in Canadian law," they wrote.

Bloc MPs took issue with recommendations in both reports they viewed as infringements on Quebec's jurisdiction.

"It is inconceivable that Quebec and Canadian universities should have a quota of Muslim, Palestinian or Arab professors, and the Bloc Québécois will never support the idea of professors being appointed on the basis of their religion or ethnicity, rather than their knowledge and competence," Bloc MPs wrote in their dissenting opinion in the Islamophobia report.

The Bloc also rejected many of the recommendations in the antisemitism report, including intervention to reinforce campus security, again citing provincial jurisdiction.

Justice Minister Arif Virani addressed the contents of the two reports with reporters on Wednesday. 

"What we're trying to do is make sure that people can express their views, but always within constitutional parameters," he said. He said that if encampments break the law, the law should be enforced. 

Asked whether he would try to ensure more Palestinian professors are hired, he said that as a parent and a cabinet minister he believes in the importance of diversity among teachers.

His office also told CBC News the minister is "is carefully reviewing the Justice Committee's findings and recommendations related to his portfolio. Our government will respond to the committee's report in due course, as required by the standing orders."