Last week, author and critic of the Israeli genocide against Palestinians, Yves Engler, was arrested in Montréal on charges of harassment and “indecent communication.” Engler has since been released, though the charges against him remain.
The arrest of Engler, a father of two young children whose career has been spent dutifully critiquing Canadian foreign policy, is just the latest sign that the Canadian government is continuing to turn the full force of the state against the Palestine solidarity movement, no matter how brazen and no matter the cost.
Arrested without breaking the law
The charges against Engler stem not from threats made, or even speeches delivered, but from his replies to alt-right media personality Dahlia Kurtz on X (formerly Twitter). Kurtz, who has come out in support of mass deportations, neo-Nazi groups, and Israel’s genocide of Palestinians, never blocked Engler on the platform. Engler states that he never messaged Kurtz on any other platform or using any other means. These social media posts are the only communications produced by either party at this time, the strongest of which simply notes that Kurtz is a racist who “supports killing Palestinian children,” without any threat attached to it.
Dissenting social media comments may not be pleasant, and in some instances they can run afoul of X’s terms of use. However, these differ greatly from criminal harassment.
In 2016, Gregory Alan Elliott was found not guilty of harassing two prominent internet feminists after sending barrages of Tweets personally insulting them and referencing personal details of their lives and places they frequented. The judge in the case wrote that the two women were certainly harassed by Elliott, but that a legal conviction requires other elements, including (but not limited to) an intent to cause harm or violent/sexual content.
Even if Kurtz does not like seeing Engler’s comments (which could easily be remedied by using the “Block” function), there is very little to suggest that anything Engler posted on social media rises anywhere near the standard set in Elliott or elsewhere in Canadian jurisprudence. By and large, arrests and charges that are made involving social media posts in Canada include credible death threats made against politicians—far more than just personal criticism.
Silence through intimidation
This is the most recent development in a broader trend of police action against pro-Palestine activism. The Canadian police have arrested—and dropped charges—on Palestinian activists before. Engler was arrested at the behest and pressure of Conservative leaders—just like the Indigo eleven, who protested against Indigo CEO Heather Reisman’s contributions to IDF veterans by throwing paint at one of her bookstores.
In Toronto, the Toronto Police Hate Crimes Unit has grown considerably to deal with what they consider “hate crimes,” which according to their 2023 report includes “anti-Israeli” activity. In Montréal, police violence continues against Palestine solidarity demonstrations. In Vancouver, the crackdown against Samidoun has turned into a federal labelling of the Palestine prisoner solidarity organization as a “terrorist organization.”
The midnight raids against the Indigo protesters for ostensible vandalism—far beyond what is necessary for a minor charge—were a sign that the police are more interested in intimidation than law. This trend is continuing with Engler.
We keep us safe
The Palestine solidarity movement does not have the capacity to fight back against the police right now. Our demonstrations are still active, but have steadily grown smaller since October 2023. The University of Toronto encampment was able to prevent a police response for the entire summer of 2024 thanks to diligent organizing and community support. In particular, the presence of the labour movement at an emergency rally on a day that the police were scheduled to dismantle the encampment was able to postpone imminent police involvement. This example shows what is possible when we build broad support among workers for Palestine. When we are many, the police know they have to tread carefully. When we are few, the police feel free to bring down the hammer.
The court’s attempts to silence Engler—one of his proposed bail conditions was that he could not discuss his case—are another sign that the police know that the charges against him are weak. They want to stop the facts of the case from reaching the broader public beyond the left. They understand that the more people learn about Engler’s arrest, the worse the backlash will be. The police swooped in now because of pressure from Conservatives and because they thought they could get away with it without a strong Palestine solidarity movement breathing down their necks.
As the genocide in Gaza disappears from the mainstream news cycle, it is all of our responsibility to keep bringing others into the movement for Palestinian liberation. Mass organizing is the only way to become large enough to shape the terms of the debate in the eyes of the public—and keep the police at bay.
For more on Yves Engler’s arrest and charges, please visit his website: https://yvesengler.com/.
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