VIA EMAIL December 19, 2023

Following a wave of backlash against the signatories of the Letter, the BCCLA joined the ranks of 11 other civil society organizations and 725 legal professionals and academics who signed an open letter entitled “Open Letter to the Legal Community on Pro-Palestine Speech.” It bears repeating in part here: We reject the notion that it is antisemitic, hateful, or illegitimate to contextualize the Oc. [...] It is vital that the space for scholarship, speech and activism in defence of basic human rights be preserved.12 We are unaware of any legal basis permitting the MAG to terminate or alter the terms of an employee’s employment due to legitimate political expression made outside the workplace, and in the case of many students, where the employee has not even begun their employment. [...] Given the intent of the Policy to target employees voicing solidarity with Palestine outside of the workplace, the Policy constitutes action by the state that is inconsistent with Charter rights and may provide grounds for constitutional and human rights remedies against the MAG. [...] On the contrary, the conflation of Jewish people as a whole with the state of Israel is itself antisemitic.13 Suppression of criticism of the state of Israel also suppresses such criticism by Jewish and Israeli people in Canada. [...] Public interest and the role of the MAG and the Court People in Canada should not fear consequences to their employment when they exercise their constitutionally-protected right to freedom of expression, regardless of whether it is the preferred political expression of their employer.