‘They should not be left to stand’: University of Windsor agreements face legal challenge

A Liberation Zone in support of Palestine is seen at the University of Windsor on May 11, 2024. (Source: Divest Windsor)

The Centre for Israel and Jewish Affairs (CIJA) has asked an Ontario court to overturn a government decision to deny a discrimination complaint against the University of Windsor.

“We believe that those agreements foster an atmosphere of antisemitism,” lawyer Richard Marceau told CTV News Windsor in an interview from Ottawa.

“They are discriminatory on the basis of national origin, among other things, and they should not be left to stand.”

Marceau said they launched a complaint under the Discriminatory Business Practices Act through the Ministry of Public and Business Service Delivery and Procurement (MPBSDP).

According to Marceau the complaint was denied.

“We believe that it is a wrong decision,” he said.

CIJA’s Legal Task Force filed an application with the divisional court last week, seeking a judicial review of that decision by the MPBSDP.

“We believe that those agreements are discriminatory, that they are discriminatory against Israeli students and faculty and Jewish students and faculty,” explained Marceau.

Agreement background

On May 9, 2024, a small protest was organized on the campus of the University of Windsor.

Called the “Liberation Zone”, within a few days the protest rally turned into an encampment of tents.

They wanted the university to boycott Israeli universities and businesses they believe profit from the conflict and to fully divest from Israeli institutions.

“They have to agree to our demands and then we can leave,” protest organizer Jana Alrifai told CTV News on May 13.

“That’s a very easy solution for this gigantic headache for the university, I’m sure.”

Over the course of the nine-week encampment, the University of Windsor Students’ Alliance (UWSA) and Liberation Zone organizers met with university officials.

On July 11, 2024, they announced they had reached agreements with both groups.

In some cases, the university did not agree with the group’s demands.

For instance, the university only agreed to “not pursue any institutional academic agreements with Israeli universities” as opposed to a total boycott.

Read the agreements here.

The agreements also call for a Jewish Student Advisor be hired, along with one for Palestinian students and mental health supports for any students impacted or affected by the war in Gaza.

“The university decided to close the door completely on any agreement with any Israeli institution,” said Marceau.

“There is no such thing with Chinese universities (and) no Russian universities or anything. So, that focus, and that sole focus, on Israeli institutions is discriminatory.”

Marceau said they also would like clarification on the role of the Jewish Student Advisor.

“It will depend on the person who is appointed, the role, and the power of that position,” Marceau said.

“This will not go away simply by appointing somebody.”

As of Jan. 30, the CIJA said the divisional court has accepted the application and given the provincial government notice.

A date for the hearing has yet to be made.

University statement

Despite repeated requests for an interview on the agreements, the University of Windsor offered a written statement to CTV News about the judicial review.

Here it is in its entirety:

“The University of Windsor was recently made aware of an application for judicial review of an earlier decision by the Ontario Ministry of Public and Business Service Delivery. However, the University was not a participant in the Ministry’s initial review. While we agree with the Ministry’s decision, we will review the matter and respond accordingly. The University continues to work in good faith to fulfill its obligations under the agreements with our student groups.”

CTV News has reached out to the MPBSDP to explain why it denied the complaint and has also reached out to the UWSA President for comment.

More to come.