Country Follows in Footsteps of U.S. with Selective Free Speech
By Faisal Kutty
May/Jun 25
Canada often lauds itself as a bastion of democracy and free expression. However, recent incidents suggest a troubling trend: advocacy for Palestinian rights is increasingly met with punitive legal action, censorship, and systematic punishment.
The cases of activist Yves Engler and legal scholar Birju Dattani highlight a concerning pattern where dissenting voices challenging pro-Israel narratives face legal harassment, reputational harm, and even criminal prosecution.
Engler, a Montreal-based writer and activist known for his critical stance on Canada’s foreign policy and support for Israel, recently faced legal challenges that raise questions about the criminalization of political speech.
He was charged with harassment and indecent communication after publicly responding to social media posts by pro-Israel commentator Dahlia Kurtz. His critiques, though pointed, were part of public discourse and did not involve direct threats. Despite Kurtz’s option to block Engler on social media, she pursued legal action, potentially setting a precedent that could deter all online debate and/or criticism across Canada.
Compounding the situation, Engler faced additional charges for publicly discussing his arrest. A Montreal police investigator claimed to feel “threatened” by Engler’s commentary on his own case, suggesting an overreach that could stifle legitimate criticism of law enforcement.
Notably, the police had initially closed the case without action. It was only after intervention by Neil G. Oberman, a Conservative Party candidate with a history of opposing pro-Palestinian activism, that charges were pursued. Oberman’s involvement raises concerns about using legal mechanisms from within government offices to target critics of Israel.
“I’ve never met Kurtz. Nor have I messaged or emailed her. Nor have I threatened her. I don’t even follow her on X,” Engler said in a statement on his website. His arrest has been widely condemned as a blatant violation of free speech rights in Canada.
After spending five days in jail following his arrest by Montreal police, Engler was released on bail on Feb. 25. The prosecution sought to impose a gag order preventing him from mentioning Kurtz or discussing the case publicly. However, the judge deemed these conditions overly broad, allowing Engler to continue his advocacy while prohibiting direct tagging of Kurtz on social media. Despite this partial victory, Engler still faces serious criminal charges and the looming possibility of a lengthy trial.
Continuing her legal campaign against pro-Palestine voices, Kurtz recently filed a complaint with the Senate ethics officer against British Columbia Senator Yuen Pau Woo, alleging that he “incited hate, aggression, and violence against [her] online in a public forum on X in a series of posts.” She refers to her legal actions against Engler in this complaint.
Senator Woo previously expressed support for Engler, stating on a post on X, “I support the right of @EnglerYves to voice outrage over genocide in Gaza and to call out those who aid and abet crimes against humanity. The @rcmpgrepolice must explain fully the grounds on which charges are being laid and how these actions do not violate freedom of expression.” This case raises critical questions about the boundaries of free speech and the responsibilities of public officials to protect their constituents from unjust prosecution.
The suppression of pro-Palestinian voices extends beyond criminal prosecutions. Coordinated smear campaigns have also been effective in silencing dissent. This is evident in the case of Birju Dattani who resigned as Canada’s Chief Human Rights Commissioner amid allegations of antisemitism stemming from his past critiques of Israel’s human rights record.
Conservative MP Melissa Lantsman, the Centre for Israel and Jewish Affairs (CIJA), and pundit Ezra Levant led a campaign portraying Dattani as an extremist. An independent investigation commissioned by Justice Minister Arif Virani found no evidence supporting these accusations concluding that Dattani did not harbor antisemitic views and that his expertise on Israel-Palestine could have been beneficial in his role as Canada’s Chief Human Rights Commissioner. Nevertheless, political pressure led to his resignation before these findings could be publicly considered.
Dattani has since filed defamation lawsuits against Lantsman, CIJA, and Levant, challenging the narratives that led to his ousting. His case will test whether professionals can engage in human rights advocacy without facing political repercussions.
Engler and Dattani’s experiences are not isolated. Since Israel’s genocidal onslaught against Gaza began in October of 2023, Canada has seen an escalation in actions against pro-Palestinian speech:
· In November 2023, Calgary police arrested Palestinian-Canadian activist Wesam Khaled for chanting “from the river to the sea, Palestine will be free” at a protest. Although charges were later dropped, the arrest signaled that lawful speech could subject activists to legal scrutiny.
· Academics, journalists, health care workers, and university students critical of Israel’s policies commonly face expulsion, redundancy, blacklisting, and reputational damage. The harm caused by potentially being tarnished as an antisemite has led to widespread self-censorship.
This selective suppression reveals a double standard. While Canadian leaders advocate for free expression globally, they curtail it when it comes to criticism of Israel.
The criminal charges against Engler and the attempted speech restrictions in his bail conditions represent serious violations of free expression. If such prosecutions succeed, they could set a dangerous legal precedent in Canada whereby criticizing a public figure on social media leads to criminal harassment charges and law enforcement penalizes individuals for discussing their own legal cases in public forums.
These actions risk transforming the legal process into a punitive vehicle targeting political dissent. Even if Engler is ultimately acquitted, his arrest, detention, and public legal ordeal serves to intimidate, isolate, and financially burden citizens all across Canada who have the temerity to challenge prevailing state narratives. This environment is expressly designed to deter activists from criticizing government policies, supporting Palestinian rights, or engaging in contentious public discourse.
Engler and Dattani’s cases underscore the fragility of free speech in Canada. Their experiences serve as a warning: challenging powerful narratives can have severe consequences.
This form of repression operates subtly in liberal democracies – not through overt bans, but by making dissent so costly that individuals choose silence.
The pressing question now is: will Canadians defend free speech, or will they allow a system that punishes those who speak truth to power to persist unchecked?
Faisal Kutty, is a lawyer, law professor and regular contributor to The Toronto Star and Newsweek. You can follow him on X @faisalkutty.
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