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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The post Canada Silences Voices of Conscience  appeared first on Islamic Horizons.

By Suhail Hashim

May/June 2023

The dawn of Covid-19 vaccines opened new challenges. Countries had to decide how to distribute it equitably among their various populations. The need to recruit more skilled health care workers became more relevant than ever, as they were needed to administer the vaccines. 

Canada swiftly prioritized its vulnerable populations — the elderly and health care workers. There was also a push to prioritize First Nations communities.

For one who has always been inquisitive about the diverse communities of places where I have lived and visited, as well as their histories and cultures, being a health care professional enabled me to learn so much about them from my clients and patients. 

During summer 2022, I worked with the Covid-19 Vaccine Resource Team of Weeneebayko Area Health Authority (WAHA), which provides health care services to remote communities in northern Ontario living along the eastern James Bay and Hudson Bay coasts. Most of these regions’ residents share the Cree lineage.

The “First Nations,” which is preferred over “Indian” in Canada, is used interchangeably with “Aboriginal,” “Indigenous” and “Native.” Prior to contact with Europeans, estimates suggest that North America contained 1.2 to 2.6 million First Nations’ people. The Europeans not only reaped riches by establishing trading posts like the Hudson Bay Company, but also by stealing tribal lands via deceptive treaties. They also tried to erase Indigenous traditions and cultures by coercing Indigenous children to become Catholics by setting up brutal residential schools and other systems. Regardless of this dark history, I was excited about my upcoming firsthand experience with the First Nations. 

My first stop from Toronto Airport is in Timmins, a city that meets nature. Like all small Ontario cities, it has a proper infrastructure, roads and other amenities. Multiple Indigenous reserves are located around Timmins, and some notice boards are in their native language — Cree. 

From Timmins, the first stop made by aircraft is Moosonee. Small airports in these remote towns just have the essentials like a runway, a check-in counter and a toilet. There are no security checks to board flights, and sometimes no boarding passes are given to passengers. Adjacent to Moosonee, across the Moose River, is a tiny island called Moose Factory. These are the last towns where one can still connect via the mobile networks available to us in Southern Ontario. To access networks in remote northern towns, one has to purchase a SIM card from the local operators, which are usually hard to find and expensive. 

There are daily weekday flights from Moosonee Airport to even remoter towns along the James Bay coast: Fort Albany First Nation, Kashechewan First Nation, Attawapiskat First Nation and Peawanuck First Nation. One flight usually takes passengers to all these locations and returns the same day. 

The Indigenous reserves in these remote parts have no roads, which means that only trucks, vans, SUVs and similar heavy vehicles are found there. Some of the residents use buggies. Most of them speak English, but there are elders who only understand Cree. The Northern College has branches in each town. I visited and spent some time at the branch in Moosonee, whose college magazine is appropriately titled “The Feather.” This prominent symbol in Indigenous culture represents power, wisdom, high honor, trust, strength and freedom. It’s often seen in this region’s administrative offices and people’s houses, as well as on bracelets and other art forms. 

For Indigenous communities, land and animals are very important. There are land-based healing programs like walking together — a symbol of the holistic approach to healing in Cree culture. Otherwise known as “Pimi Pici Wak,” this 10-day program seeks to help those with substance abuse and other mental health challenges by encouraging them to find power in the sense of community and connect with nature’s resources. 

One main grocery store, Northern, serves as these towns’ main market. Prices are at least two or three times higher than they are in the Greater Toronto Area. One can also see how less healthy options like chips and cookies are priced lower than natural produce. Surprisingly, prices of alcoholic beverages at the government-run Liquor Control Board of Ontario outlet in Moosonee are more affordable than fresh produce. 

A resident of a senior living home told me of how before the colonizers came, the Indigenous tradition was to help those in need. “One has to share what they have with others and that’s how you keep yourself mentally sane. When the settlers came to this land, they not only stole our resources, but took away more priced traditions like these,” he said. There are stories of continuing drug abuse and addictions, and parents of children who complain about the individuals who supply illegal drugs, but no respite has been provided. 

The Nishnawbe Aski Police Service, which serves this region’s First Nation communities, cannot act against such drug offenders due to the bureaucracy’s politics and lack of strong evidence. 

The roughly 2,000-member Attawapiskat First Nation has recently been in the news for their mountain of troubles. In 2016, the Attawapiskat Council declared a state of emergency due to the increase in suicides attempts. In 2012, then-chief Theresa Spence went on a six-week-long hunger strike to call attention to Canada’s treatment of the First Nations.

Attawapiskat is also known for its housing and water crises and the government’s ongoing neglect of establishing safe educational facilities for its students. A house contains up to 10 family members. After Covid hit, it became extremely difficult for the public health team to ask residents to self-isolate when an individual showed symptoms or tested positive. 

When my team visited in July 2022, we were asked not to drink tap water (even after boiling) or to bathe or shower for more than 10 minutes, for the water was contaminated with harmful chemicals like trihalomethanes (THMs). The town had only two water plants, from which we were expected to collect water for drinking and cooking. 

In 2007, the young local activist Shannen Koostachin launched an “Education is a Human Right” campaign to lobby the government for better educational facilities for First Nation youth. Shannen died in a car accident in 2010, but her dream lives on — in 2014 a new elementary school opened.

To the north of Attawapiskat, close to Polar Bear Provincial Park, is the Peawanuck First Nation; the northernmost town served by WAHA. With a population of close to 300, it doesn’t have a hospital, only a nursing station/health center run by two community nurses who can arrange teleconferencing with doctors or airlifting if needed. 

This community had to relocate due to a flood. There is a sense of pride and determination among its residents — which I felt was missing in the other communities. Also, relative to other remote communities, addictions and substance abuse are significantly lower. The distant northern location and sense of determination might have contributed to this.

While flying between Indigenous reserves, usually at a lower altitude than commercial planes, I pondered on these small communities living among the wildlife and wilderness, on the river meeting the sea or the lake meeting the river. I thought about how they thrived and are still thriving with their attachment to the nature and animals of these lands. 

Every time my flight prepares to land in Toronto and I see how blessed we are with well-developed roads, tall structures and other amenities, I am reminded of these remote Indigenous communities weighed down with a lot of public health crises and other challenges. There is a heightened need to teach our younger generations to learn and connect with this land’s First Nations. Mere recognition of the Indigenous communities and land acknowledgments before an official program is nothing but a meager effort.

Suhail Hashim, a Registered Nurse currently working at Toronto Western Hospital, is also a public health professional. He has worked with various public health projects in Ontario, Canada and Southern California.

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