Civil Liberties Victory at Toronto’s York University
by Barry Weisleder

Following a storm of protest and a favourable court ruling, York University in Toronto's north end reinstated a student who had been suspended and banned from campus for three years allegedly for using a megaphone at a political rally. Daniel Freeman-Maloy is a 22-year-old political science student of Jewish heritage who speaks out for Palestinian rights in the face of a well-organized Zionist presence.

He also raised the ire of officials by publicizing the unfair labour practices of Henry Wu, a member of the York U. Board of Governors, who also happens to own the Metropolitan Hotel in downtown Toronto, where Dan addressed a rally organized by rank–and-file hotel workers protesting discriminatory treatment and hazardous chemicals on the job.

In July, Dan went to Ontario Superior Court to challenge the unprecedented suspension ordered by York U. President Lorna Marsden back in April. When Justice Gloria Epstein ruled that a judicial review of the suspension could proceed in spite of the university's efforts to block it, the York U. president offered to hear the appeal at an internal tribunal. But Freeman-Maloy rejected that offer, stating that such a tribunal would not be fair. The court agreed, causing Marsden to rescind the suspension and ban—hoping to cut her losses.

The university tried to save face by issuing a public statement asserting that it's actions had already made the point that York will enforce its code of conduct. Nonetheless, the administration did back down in the face of widespread criticism by mainstream press editorials and by numerous civil liberties, student, faculty and community groups—including Socialist Action, which hosted a public forum on July 16 that was addressed by Freeman-Maloy.

The York University Senate, its highest academic body, even passed a resolution earlier this year, urging Marsden to rescind her decision. Vowing it's not over yet, Freeman-Maloy announced a lawsuit against Marsden on July 21.

"Although the specific expulsion has been rescinded, President Marsden has made no indication that she plans on stopping her attempts to repeal student rights to vigorously press for social change on campus," Freeman-Maloy told the Toronto Star. "Both legally and politically, I think a variety of actions should be taken around that."

He is seeking damages for a lost summer job at the school newspaper, as well as punitive damages against the president to ensure future students don't fall prey to arbitrary decisions by the school executive.

"Lorna Marsden has said she's rescinding her decision with respect to him in allowing him back on campus," said Freeman-Maloy's lawyer, Peter Rosenthal.

"She has not acknowledged that she has no power to do (any of) this. Therefore all other students are still facing this possible threat. That kind of arbitrary, unilateral action should be something a university president should not do. And we will launch a civil action in order to do that.”

Dan Freeman-Maloy will be back at school in September, continuing the fight for recognition of Palestinian self-determination, for workers' rights, and for freedom of speech and assembly at York University. Apparently, resistance is still fertile.