McMaster University, students union slapped with $77-million lawsuit over antisemitism on campus

It marks the latest in a string of similar lawsuits brought against Canadian post-secondary institutions since the Israel-Hamas war began Oct. 7.

Along with McMaster, Toronto firm Diamond and Diamond has sued York University, Toronto Metropolitan University, Concordia University and the University of British Columbia in actions that total roughly $300 million.

“The antisemitism on campuses and lack of protection for Jewish students has been systemic in the (education) system for a very, very long time, and we’re now targeting individual universities one at a time,” said Sandra Zisckind, a partner at Diamond and Diamond, who’s filed the suits alongside a Jewish civil rights group called the Lawfare Project.

None of the allegations in the claim against McMaster have been proven in court, and a judge still has to approve the class action before it can proceed.

In a statement, McMaster said it hadn’t yet been served with the action, but is aware of it. The university added that it condemns all forms of hatred and that fostering a safe, inclusive environment for its students remains a critical priority.

“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,” university spokesperson Wade Hemsworth said via email.

McMaster’s student union declined to comment.

The plaintiffs in the lawsuit include all Jewish students currently enrolled at Mac or those who have graduated from the school within the past two years.

While typically class actions contain the name of a single plaintiff who represents the broader group, in this case that person has chosen to be anonymous due to fears of being targeted, said Zisckind.

“Our plaintiffs have been so terrorized and abused on campus they’ve asked to be anonymized so that they’re not further targeted,” she said over a call late Friday.

In its statement of claim, Diamond and Diamond alleges McMaster has turned “a blind eye” to Jewish students who’ve been subjected to a “relentlessly menacing and hostile anti-Jewish learning environment” since Oct. 7.

The claim takes particular aim at recent on-campus incidents.

That includes a vigil organized by Jewish student groups that was allegedly removed in secret for safety reasons; anti-Israeli rallies where students were heard allegedly chanting “death to Jews” and “Israelis must go”; and posters containing photos of Israeli hostages around campus being “repeatedly ripped down by hostile students,” the claim says.

The claim further contends McMaster failed to condemn a teaching assistant who allegedly supported a swastika outside Parliament Hill and compared Zionism to Nazism in multiple controversial posts to social media.

While the action is seeking $77 million in damages, Zisckind said the claim is not about the money but instead an effort to hold institutions to account.

“It’s about McMaster adhering to the policies and procedures that have been in place for a long time, but now don’t seem to apply to Jewish students.”