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In response to the allegations made, a University spokesperson said that the Univeristy should be judged the fact that event took place despite the pressure not to hold it, and that there is always internal discussion as part of the planning of all events. He added that "In the end, this conference did go on and we do not feel that academic freedom was breached." Vice President and Provost, Patrick Monahan, said, about these allegation that "Justice Iacobucci has looked at that and he doesn’t see any purpose in conducting further inquiries. Obviously there are a lot of different views about it.” Yet, it seems that the Iaccobucci Report is seen by many faculty members at Osgoode as controversial. In a letter from the Osgoode Hall Faculty Association, the Association said that it "considers the Iacobucci Report to be unsound and unreliable." The Association also said that "the Report both jeopardizes academic freedom and fails to consider the troubling conduct of the York officials."
York University has a history of faculty and teaching assistant strikes. In 1997, there was a faculty strike by YUFA that lasted seven weeks. At the time, this was the second longest strike in Canadian University history. Key issues in the strike included retirement, funding, and institutional governance. In 2001, teaching assistants and contract faculty went on strike for 11 weeks, when the university broke its own record. The central issue in the 2001 disruption was the administration's proposed attempts to remove tuition indexation language.
A strike beginning on November 6, 2008 concerned a variety of institutional grievances, including job security for contract professors, elimination of the Non-Academic Student Code of Conduct, creation of whistleblower protection, and fund indexation. On January 20, 2009, CUPE 3903 defeated a forced ratification vote that would have ended the strike. On January 24, Ontario premier Dalton McGuinty announced a rare Sunday recall of the provincial legislature in order to pass back-to-work legislation mandating an immediate end to the strike. On January 29, the York University Labour Disputes Resolution Act was passed in the provincial parliament on a count of 42-8 ending the long 85-day strike and setting a precedent for future university strikes in Ontario.
In February 11, 2009, approximately 100 pro-Palestinian students reportedly initiated a near-riot against a group of Jewish students during a news conference where speakers called for the impeachment of the York Federation of Students (YFS) executive. According to witnesses, the demonstrators which reportedly consisted of members of the YFS and Students Against Israeli Apartheid (SAIA), shouted “Zionism equals racism!” and “Racists off campus!” One witness stated that “a riot broke out. They [YFS supporters] started banging the door and windows, intimidating Jewish students and screaming antisemitic slurs.” The students barracaded themselves inside the Hillel offices, where protesters reportedly banged on the windows and attempted to force their way in. Eventually police were called to escort Jewish students through the protesters.
Krisna Saravanamuttu, York Federation of Students' vice-president of equity, who took part in the protest, denied that the protesters shouted anti-semitic slogans, stating that "That is categorically false. I heard nothing of that nature at all." He did however, confirm that the protesters shouted "racism off campus" and "students united will never be defeated."
In May 2009, York adjudicator Janet Mosher, who is an associate dean at York’s Osgoode Hall Law School, ruled that two York students, Krisna Saravanamuttu and Jesse Zimmerman, had violated the Student Code of Conduct due to their behaviour at the protest, which she described as “exclusionary and offensive” and which promoted an atmosphere of “hostility, incivility and intimidation.” Mosher noted that both students participated in the protest which pursued a group of Jewish students to Hillel’s lounge in York’s Student Centre, and swarmed outside shouting taunts. On a video of the incident, Saravanamuttu was shown clapping and apparently leading a chant of “Whose campus? Our campus!” as well as participating in a chant of “Racists off campus." Saravanamuttu was fined $150 and both he and Zimmerman were given an official reprimand and human rights training. Jewish groups applauded the ruling and called for Saravanamuttu to resign as president of the York Federation of 学生 (YFS). Saravanamuttu refused to resign and served his full term as YFS President.
Saravanamuttu later defended his conduct, stating that "I decided to stand up against racism and I think it's absurd that I was fined by the University for saying 'racists off campus.'" subsequently received financial and moral support from the York University Black Students Alliance, whose President, Odion Osegyefo, stated "We are not going to stand by while a member of our community is fined for standing up against racism. When members of our community stand up against racism, we stand beside them."
In February 2010, the campus group the Christians United for Israel (CUFI) and My Canada applied to use university space to host the Imagine With Us coalition event consisting of pro-Israel speakers. The University replied that the event could only proceed under certain conditions (which ultimately led to the event's cancellation when the organizers declined to comply with the terms):
These conditions drew criticism because they were not imposed on the organizers of Israel Apartheid Week which was being held on campus the same month. In response, Rob Kilfoyle, director of security at York, told the Jewish Tribune that it insisted on the more stringent requirements on pro-Israel groups “due to the participation of individuals who they claim invite the animus of anti-Israel campus agitators.” When asked why similar demands were not made of the organizers of Israel Apartheid Week events, Kilfoyle stated that even though the organizers of those events will not be paying for their own security, university personnel will be present “to monitor the activities.”
Criticism
York's decision drew sharp criticism from David Frum who wrote in the National Post that "Since the anti-Israel people might use violence, the speech of the pro-Israel people must be limited. On the other hand, since the pro-Israel people do not use violence, the speech of the anti-Israel people can proceed without restraint." A York University spokesman subsequently told Frum that "all student groups that request university space" must meet "precisely same requirements" but that while the “process” and the “protocols” that were the same, a “needs-based assessment” of each particular case is necessary. Frum subsequently criticized the "utterly arbitrary ad hoc decision-making of a fathomlessly cowardly university administration." Frank Dimant, CEO of B'nai Brith Canada also sharply criticized York's justification, arguing that "York’s continued appeasement of anti-Israel agitators at the expense of Zionist Christians and Jews is unacceptable.”
Prof. Ed Morgan of the University of Toronto criticized York, citing a 1992 ruling by the U.S. Supreme Court that struck down a county government's increased fee for police protection for a controversial speaker because "speech cannot be financially burdened, any more than it can be punished or banned, simply because it might offend a hostile mob." Regarding the situation at York, Morgan wrote that "It's bad enough that there are "hostile mobs" on our campuses; making others pay for that hostility only rubs salt in our wounded freedoms." Prof. Howard C. Tenenbaum, also of the University of Toronto, wrote that York "has lost all stature as an academic institution whose remit is to provide for full academic discourse, freedom from hatred on campus and freedom of speech, unless of course that freedom only includes unabashed hatred for the State of Israel." David Murrell of the University of New Brunswick wrote that "Everyone has a supposed right to free speech at York University -- so long as groups can afford to pay security against leftist intimidation."
Response from York
In a letter to the editor in the National Post, Patrick J. Monahan, York University's Provost and VP Academic, denied that Pro-Israel groups were subject to more stringent conditions and that "the procedures applied in this instance were precisely the same as those applied to any event involving high profile and controversial speakers... In this case, it was determined -- in consultation with the host student group... that added security would be necessary." Consequently, Christians United for Israel (CUFI) agreed to hire two Toronto Police officers and two additional York Security, and that the cost of Toronto Police Services is always paid by the group that requires their attendance. Monahan further stated that CUFI initially agreed to cover the cost but subsequently stated that its sponsors had refused to provide any funds for security. The university then proposed several changes to the event and that "the decision not to proceed was CUFI's alone." Monahan further rejected Frum's allegations that Pro-Israel groups were treated unfairly, and argued that "the university applied a fair procedure designed to provide and maintain a safe environment balanced against what a university must provide in the terms of debate, free speech and hard-held views."
Response from Organizers
Michael Mostyn, the National Director of public affairs for B'nai Brith Canada responded by suggesting that Monahan was being disengenious in his letter. Mostyn wrote that on the morning the "Imagine with Us" event was support to occur, the organizers were effectively given an ultimatum from the University that unless they provided funds for York security and regular police officers, the event would have to be cancelled. When the students stated that they would not provide these funds, the university then reiterated that the event would be cancelled. Thus, Mostyn argued that "The cancellation, therefore, was a de-facto decision by York University, not the students."
Mostyn criticized York Unversity for its handling of the situation, pointing out that while Imagine with Us was considered a security risk due to anti-Israel protesters, Israeli Apartheid Week was not because similar disruptions were not expected from Pro-Israel groups. Mostyn further argued that: "There should be no attempt to frame this debate as one of freedom of speech on campus. If anything, York has shut down free speech on campus, not enhanced it."