Recap: BC Federation of Students' Intervention in the Palestine Solidarity Encampment Injunction
On July 15, 2024, Vancouver Island University (VIU) filed a legal case against participants of the VIU Palestine Solidarity Encampment (PSE), seeking an injunction and damages. After 107 days of peaceful protest, the Supreme Court of British Columbia ruled on August 15, 2024, that the encampment be dismantled within 72 hours and prohibited future encampments in the same grassy area during the following 150 days. The sweeping nature of VIU’s request raised serious concerns about its potential impact on the broader campus community.
Within days of the Notice of Civil Claim filing by VIU, the VIU Students' Union reached out to the British Columbia Federation of Students (BCFS) for assistance. Understanding the critical importance of safeguarding students' rights, the BCFS intervened, arguing that VIU’s proposed injunction would not only target the protestors but also threaten the freedom of expression and assembly for the entire campus.
The BCFS highlighted several key issues within their intervention:
Overarching Impact: VIU’s injunction would have affected all students and faculty on campus, imposing restrictions far beyond the small group of protestors.
Campus Curfew: The proposed curfew from 11 PM to 7 AM would have drastically limited campus access, impacting students who live on campus, study late, or use outdoor spaces at night.
Protest Limitations: VIU sought to require that all protest activities comply with university policies, potentially turning peaceful demonstrations into punishable offences and giving the university excessive control.
Prohibition on Structures: The injunction aimed to ban tents or structures on campus without university approval, despite the absence of a clear authorization process.
Despite VIU's request, the Court, guided by the intervention from BCFS, decided to significantly narrow the scope of the injunction:
The curfew and structure restrictions were limited to the specific area where the encampment was located.
The request to enforce all university policies on protests was rejected.
The Court did not authorize RCMP enforcement, recognizing the broader impact on the campus community.
The injunction was set to expire after 150 days, preventing indefinite restrictions.
This decision represents a significant victory for student rights, ensuring that freedom of expression and assembly are upheld on campus. The VIU Students' Union, in collaboration with the BCFS, will continue to stand up for students and ensure that their voices are heard.
