Al-Quds rally in Toronto to proceed as planned despite Ford’s push to stop it, lawyer says

Premier Doug Ford has asked Ontario’s attorney general to file an injunction to stop the rally, calling it a 'breeding ground for hate and antisemitism.'

Saturday’s Al-Quds Day rally will proceed as planned, a lawyer representing organizers says, despite Ontario Premier Doug Ford’s move to stop it from moving ahead.

The premier on Thursday afternoon posted a video on social media in which he stated that he had instructed Attorney General Doug Downey to “pursue” an injunction to stop the planned protest in downtown Toronto on Saturday.

“This demonstration is nothing more than a breeding ground for hate and antisemitism. It glorifies violence. It celebrates terrorism. It has no place in Ontario. It has no place in Canada,” Ford said in the video.

“If we don’t act now, if we don’t act decisively, the hatred won’t stop. Our government has a responsibility to do everything we can to protect our communities and put an end to the hate that we see in our province and country.”

Ford added that he expects the police to do their jobs and immediately intervene when they see signs of hate, violence or glorification of terrorist organizations.

“I believe deeply in our fundamental freedom of speech. But nobody in this province has the right to incite violence, and no one has a free license to hate. We won’t stand for it,” the premier said.

Lawyer for organizers say injunction won’t be granted

As of 8 p.m., Stephen Ellis, the legal counsel for the rally organizers, said he has not received a notice yet.

He told CTV News Toronto that the province won’t succeed in getting an injunction and is confident that the event will proceed.

“Mr. Ford is pandering to the most backward political elements in our society. What he’s looking to do is to pander to that section of people who are uncritically supporting Israel, no matter what it does. So, his tweet is a disgrace. I’m not surprised,” Ellis said.

He believes the government’s lawyers won’t be able to demonstrate that the event could harm the community at large.

“They’re not going to be able to convince a judge that our march is going to pose a threat to anyone. You have to show some kind of evidence. And they’ve got nothing,” Ellis said.

He added that Saturday’s rally will be peaceful, just like the previous years.

“This demonstration takes place every year, and what it’s about is that it’s a commemoration of the Palestinian struggle for their freedom. It happens all over the world on the last weekend of Ramadan, and people from all walks of life get together and demonstrate for their freedom,” Ellis said.

Al-Quds Day started in Iran during the 1979 Islamic Revolution to show support for Palestine.

Jewish groups have denounced the event, calling it antisemitic, and have repeatedly called on officials to prevent it from taking place.

On Thursday, Toronto police shared some of their plans for Saturday’s rally that is expected to be held outside the U.S. Consulate on University Avenue at 3 p.m.

• READ MORE: ‘The law will be enforced swiftly and decisively’: Toronto police share plan for Al-Quds rally

“We have stepped up our resources around the United States Consulate. We do have a specific plan in place for Saturday to protect the U.S. Consulate, and I will leave it at that for now,” Supt. Craig Young told reporters, adding that a “major incident command centre” will be activated for the weekend.

With police also expecting counterprotesters, the focus, Young said, will be on maintaining public order while ensuring all demonstrators can safely exercise their rights.

Toronto solicitor on injunction challenges

Toronto councillors Brad Bradford and James Pasternak also made a similar call, urging the city solicitors to file an emergency injunction in order to cancel the rally.

The solicitor responded to the councillors’ request and pointed out that no permit from the city was granted, as the event did not require one, given where it is being held.

In the e-mail to Bradford from Deputy City Solicitor Sharmila Clark, on behalf of City Solicitor Wendy Walberg, she indicated the challenges in filing an injunction.

“I note that in order to bring an application for an injunction, the City must have evidence that meets the following test: that there is a serious issue to be tried; that the City will suffer irreparable harm if the injunction is not granted; and that the balance of convenience favours the City (meaning that not granting an injunction will cause more harm to the City than the harm caused to the demonstrators if the injunction is granted),” reads the e-mail, which was provided to CTV News Toronto.

“Given the Charter issues that arise in the context of a demonstration on public property, and the extraordinary remedy that is an injunction, the City would require extensive and compelling evidence to support its request.”

Mixed reactions from groups

The Centre for Israel and Jewish Affairs (CIJA) applauded Ford’s decision to seek an injunction.

“We commend the Premier and the provincial government for taking decisive action to protect public safety and for recognizing the seriousness of the situation. We hope the court will carefully consider the significant risks to community safety when making its decision,” CIJA Ontario vice-president Michelle Stock said in a statement.

“While peaceful protest is a right in Canada, the glorification of terrorist organizations, the spread of extremist ideology, and the incitement of violence have no place in our communities. Amidst rising threats and violence, every level of government must use every tool available to ensure the safety of residents.”

Meanwhile, the Canadians for Justice and Peace in the Middle East (CJPME) condemned the premier’s move, calling it an “attack on civil liberties.”

The group said the province’s pursuit of an injunction is a “troubling effort to use state power to suppress a political demonstration in support of Palestinian rights.”

CJPME added that the injunction poses a serious threat to the freedoms of expression and peaceful assembly that are protected under the Charter.

“Public officials have a responsibility to protect fundamental freedoms, especially in the face of political pressure,” said CJPME vice president Michael Bueckert.

“Seeking to block a pro-Palestine rally through the courts sends a dangerous message that Charter rights can be curtailed when the political message is inconvenient. That is not how democratic rights work in Canada, and it sets a harmful precedent that should concern all Canadians.”

With files from Jermaine Wilson and Natalie Johnson