Class Action Lawsuit Filed Against McMaster University, Student Union on Behalf of Jewish Students

A building at McMaster University in Hamilton, Ont., in a file photo. Alwin Lee/Shutterstock

A class action lawsuit has been filed against McMaster University and the school’s student union on behalf of Jewish students and alumni.

“Jewish students at McMaster University have suffered psychological turmoil due to faculty praising the October 7th attacks in Israel and exposure to antisemitic rhetoric at rallies on campus,” said a news release issued by The Lawfare Project.

The Lawfare Project (LP) is an organization that uses legal action to protect the civil and human rights of Jewish people.

LP filed the $77 million lawsuit along with Diamond and Diamond Lawyers.

They noted that a vigil by Jewish student groups was recently moved to a secret location due to safety concerns. Additionally, the release says that a teaching assistant “supported the public display of a swastika outside Canada’s Parliament Hill.”

“The occurrences in question have exacerbated existing antisemitic sentiments on the campus, an issue that has persisted for several years,” LP said.

McMaster’s student union is also accused of supporting The Boycott, Divestment, and Sanctions (BDS) group in 2015, and supporting its on-campus operations.

“Canada’s Prime Minister, Justin Trudeau, has referred to the BDS movement as, ‘antisemitic and contrary to Canadian values.’” the release said.

“Behavior that encourages hatred, violence, discrimination or interferes with the educational atmosphere, as stated in the ‘Code of Students Rights and Responsibilities,’ reflects a breach in the University’s responsibility,” Sandra Zisckind, managing partner of Diamond and Diamond Lawyers, said in the release.

She noted that Section 319 of the Criminal Code includes “the intentional promotion of anti-Semitism” as a criminal offense.

McMaster University said that it condemns “all forms of hatred.”

“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,” read a statement emailed to The Epoch Times.

McMaster said it has not yet been served with the claim and cannot comment on legal action.

“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.”

The Epoch Times reached out to the student union but did not hear back by publication time.

LP said that the plaintiffs wanted compensation and remedies for “the ongoing and historical discrimination, harassment, and physical abuse” that Jewish students at McMaster experience.

“Unfortunately, the hatred toward the Jewish community, which dramatically increased after October 7, continues to be prevalent on college and university campuses, including McMaster,” said Brooke Goldstein, founder and executive director of The Lawfare Project.

“This lawsuit seeks to establish and enforce effective, and enduring measures to guarantee a safe, supportive and tolerant educational setting for all students, irrespective of their race, religion, or ethnicity.”

Anti-Semitism in Canadian Universities

The lawsuit follows a similar complaint against York University and its student union regarding the treatment of Jewish students on campus.

That court action, announced in October 2023, was brought on behalf of current students, alumni, and attendees from 1998–2021, a Diamond and Diamond news release said.

The action seeks $15 million in compensation for what the lawyers say is a failure by the university and the union to address anti-Semitic incidents, violating its own non-discrimination policies. It also says that staff were provided “insufficient” training on handling harassment.

In November 2023, the law firm filed similar actions against three other universities: Toronto Metropolitan University, Queens University, and The University of British Columbia.

The plaintiffs are seeking $15 million in the cases.

The Centre for Israel and Jewish Affairs (CIJA) made a national appeal just before Christmas to find people willing to be plaintiffs in civil court actions against anti-Jewish activities at Canadian Universities.

It was the “huge spike” in anti-Semitism in Canada, following the Oct. 7 attack by Hamas terrorists against Israel, that prompted CIJA to start its “Legal Rapid Response Team” to address “Jew-hatred” in schools and universities.

“Simply put, administrators have failed to address Jew hatred in our educational institutions. Universities and schools have, all too often, failed to keep our students safe,” Nanette Rosen and Mark Freiman, co-chairs of the legal task force, said in the appeal.

CIJA says that plaintiffs will be represented pro bono in legal proceedings.

Issac Teo contributed to this report.