McMaster University faces class action lawsuit alleging 'relentlessly menacing' antisemitism

A proposed class-action lawsuit has been filed on behalf of Jewish students at McMaster University, alleging the post-secondary institution in Hamilton has subjected them to systemic discrimination and antisemitism. 

A statement of claim was filed Wednesday in a Toronto Superior Court by Diamond and Diamond Lawyers on behalf of an anonymous student referred to as "John Doe," who lives in the Toronto area, and all Jewish students who currently attend McMaster or graduated in the last two years, it says.

The proposed class action is seeking $77 million in damages from McMaster and co-defendant McMaster Students Union. 

The allegations have not been tested in court. Class-action lawsuits must be certified by a judge before they can proceed. 

"Jewish students have been and are increasingly subjected to a relentlessly menacing and hostile anti-Jewish learning and social environment," the statement of claim says. 

"They must traverse classrooms and campus grounds infused with anti-Jewish words, acts and images." 

The lawsuit alleges McMaster is "well aware of this historic problem" that denies Jewish students the ability to participate in educational and social experiences on campus, but has turned "a blind eye."

While multiple people have come forward, the "most appropriate" plaintiff is selected to represent the group, said Diamond and Diamond lawyer Sandra Zisckind. In this case, the proposed representative plaintiff's identity is protected as the lawsuit says he fears physical intimidation and other forms of retaliation.

McMaster University said in a statement it hasn't yet been served the claim and cannot speak about the specific allegations outside the court process, but defended itself. 

"Fostering an environment that is safe and inclusive for all members of the McMaster community has always been and continues to be a critical priority for the university, which condemns all forms of hatred," said the statement. 

"While we cannot comment on the specifics of a legal action outside the court process, McMaster is steadfast in its commitment to providing a safe and welcoming environment where our community members feel a sense of belonging."

McMaster Students Union President Jovan Popovic said the group also hasn't been notified and didn't comment further. 

Israeli-Hamas war has heightened antisemitism: lawsuit

Antisemitism has "worsened palpably" since Oct. 7, 2023, when the war began between Hamas and Israel, says the statement of claim. 

On that day, Hamas militants attacked Israel, killing 1,200 people, mostly Israeli civilians, and taking about 240 hostages. In response, Israel invaded Gaza, and has killed more than 22,300 Palestinians, according to Gaza's Hamas-run Health Ministry. 

Since then, many pro-Israeli and pro-Palestinian demonstrations have been held across Canada, exposing divisions between communities. Both Jewish and Muslim people in Canada have spoken out about experiencing an increase in antisemitism and Islamophobia, including students at secondary and post-secondary levels.

Among the specific allegations, the statement of claim says at rallies held at McMaster, students were "praising Hamas' actions and calling for more violence against the Jewish community."

Jewish students have also been subjected to chants and calls for "death to Jews" and "Israelis must go" and fear wearing religious symbols will trigger "acts of aggression" from others on campus, the statement of claim says.

It also alleges some faculty and staff have made "hate-filled statements" and others have stood "idly by" when students have made antisemitic comments during classroom discussions.

Posters showing Israeli hostages that were put up around campus were "repeatedly ripped down by hostile students," while in one instance a crowd cheered them on, the statement of claims says. The university did not condemn those actions, the lawsuit says. 

The lawsuit also alleges a McMaster teaching assistant made problematic statements comparing Zionism to Nazism on social media, along with other controversial comments, contributing to a "hostile and unsafe environment" for Jewish students. 

The plaintiffs are represented by Canadian lawyers with Diamond and Diamond as well as The Lawfare Project's Brooke Goldstein, based in New York. The Lawfare Project provides pro bono legal services to protect the rights of Jewish people.

The Lawfare Project has filed a similar lawsuit against Carnegie Mellon University in Pittsburgh, said Goldstein.

In recent months, the team of lawyers has done the same against Canadian post-secondary institutions, including the University of British Columbia, York University, Toronto Metropolitan University and Queen's University.

Zisckind, the plaintiff lawyer who is based in Toronto, said the allegations levelled at McMaster are not unique and "there's little to no discipline or action taken" by any of the universities they're suing against staff or students who express antisemitic views.