MUN student protesters plan Charter challenge after charges dismissed

Three Memorial University students, who were arrested and charged with trespassing after occupying a building on the St. John's campus as part of pro-Palestine protests last summer, have had their charges dismissed by a judge.

But the trio say they're asking the Newfoundland and Labrador Supreme Court for a judicial review of what happened, and plan to file a Charter challenge arguing the university violated their right to free expression.

They were arrested in MUN's arts and administration building in July, while demonstrating as part of a nationwide student movement demanding universities divest from companies tied to Israel and provide more support to Palestinian students.

The occupation of the building's lobby started in early June. Eventually, MUN asked the protesters to leave, but their lawyer requested the weekend to respond. Instead of waiting, police showed up on the evening of July 5 to clear them out.

They were charged with trespassing, but on Tuesday — more than eight months later and after consulting the Royal Newfoundland Constabulary and MUN — the Crown decided it was no longer in the public interest to pursue the case.

The Crown made it clear the move was not due to a lack of evidence. 

"These charges never should have been laid. These students never should have been evicted from their university while they were peacefully protesting," said Kyle Rees, the lawyer representing the group of protesters.

Rees said the view is that MUN is a state actor, therefore; the Charter of Rights and Freedoms applies to them.

Precedent set for protest

Sadie Mees, one of the people charged, said she's happy to hear the Crown believes the case is not in the public interest to pursue.

"We feel that Memorial University was in the wrong to use the police against peaceful protesters. And it seems like to some extent the court agrees, which is a good sign," she said.

WATCH | The Crown ruled it was no longer in the public interest to pursue the case: 

MUN protesters want answers after they say their Charter rights were violated

16 hours ago

Duration 1:26

Charges were dropped against three Memorial University student protesters Tuesday in St. John’s. The trio were arrested and charged after occupying a building during a pro-Palestine protest in July.

However, she said she isn't completely satisfied.

"The reason we were protesting in the first place is still occurring. There is still a genocide happening in Palestine and our school is still actively invested in that genocide," she said.

Another member of the group, Devoney Ellis, said it's important to acknowledge the precedent set by MUN's decision to call the police on protesting students.

"Anyone who protests, anyone who's interested in protesting for whatever reason should be concerned about that," said Ellis.

The case was scheduled for a five-day trial, and Mees and Ellis had planned to argue they were exercising their Charter right to free expression when they were arrested.

In a statement, MUN spokesperson Chad Pelley said campus enforcement called police after the students refused to leave.

"It is inaccurate to interpret this incident as Memorial not allowing protests. Memorial fully supports the rights of students to protest on campus," Pelley said in the statement.

He said MUN allowed the students to continue protesting after the charges were laid, adding the university is closed after hours due to safety and security concerns.

Mees said they will protest again.

"We don't believe that our institution should be invested in genocide and war crimes and weapons manufacturing," she said.

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