Several activists have launched legal action against the University of Calgary, members of the Calgary Police Service and the City of Calgary over the dispersal of pro-Palestinian protesters on the U of C campus two years ago.
The nine plaintiffs, who say they were injured during the May 9, 2024 incident, are claiming their charter rights were violated when officers in riot gear employed batons, pepper spray and stun grenades to force them from a green space in front of the MacEwan Student Centre.
They had been protesting what they called the U of C’s complicity in Israel’s assault on Gaza that’s still ongoing and has killed nearly 73,000 Palestinians, according to recent news reports. That assault followed Hamas’ attack on southern Israel on Oct. 7, 2023, that resulted in the deaths of nearly 1,200 Israelis.
By the time of the police action just after 11 p.m., many of the original 150 demonstrators had left, but about 20 of them formed a line in front of officers while other activists and journalists milled around behind them.
A statement of claim names as defendants several police officers, including unidentified ones dubbed John Doe, allegedly involved in actions that resulted in injuries or misconduct, as well as then-police chief Mark Neufeld.
Former Calgary police chief Mark Neufeld is among those named in a lawsuit launched due to action taken at a pro-Palestinian protest at the University of Calgary on May 9, 2024.
Calgary police intervention described as excessive
It describes the police deployment as an excessive use of force against a peaceful encampment protest organized by U of C students, alumni, faculty, students’ parents, and others to denounce Israel’s military action against the Palestinian people and to demand the U of C’s divestment from complicit corporations, the lawsuit says.
“Later, in the evening of May 9, 2024, the CPS used unnecessary and unreasonable force against the plaintiffs in dispersing the encampment. The plaintiffs suffered various injuries as a result, including concussions, bruises, and abrasions.”
It also says police knew the activists had dismantled their encampment and were preparing to leave when police attacked them.
It goes on to say then-chief Neufeld was liable for the officers’ actions and publicly stated nobody was injured during the incident, “which he knew was false,” and wrongly claimed protesters were dispersed due to violent provocation.
“While unknown students threw two plastic water bottles at CPS officers, they did so after CPS officers advanced and hit tents with batons (earlier in the evening),” says the statement.
“The CPS did not advance on the encampment in response to any water bottles.”
Protests at the University of Calgary ended with a number of arrests in Calgary on Thursday, May 9, 2024.
The defendants knew or should have known they were in violation of the Charter of Rights and Freedoms and their actions were also meant to intimidate the activists and others from mounting future protests, says the statement.
In their statement of claim, the plaintiffs are seeking an admission that their charter rights were violated and are seeking damages of $331,173, as well as legal costs.
At the time, U of C president Ed McAuley wrote in a letter that protests and rallies are allowed on campus, but overnight demonstrations and temporary encampments are not allowed due to the risk of violence they present.
In Edmonton, University of Alberta president Bill Flanagan said in a statement that city police were asked to assist in enforcing a trespass notice because the encampment “put the university community’s safety at risk.“
Protests at the University of Calgary from May 9, 2024.
University of Calgary to ‘respond as appropriate’
In an email, the U of C said it “will review any statement of claim received through the courts and respond as appropriate.”
The Calgary Police Service said it couldn’t comment since the law enforcement agency hadn’t been formally served the statement of claim as of Friday.
University officials said they didn’t direct the actual police action on protesters when it occurred after 11 p.m. on May 9, 2024. Police said the activists were given ample warning to leave and that they were throwing projectiles at officers.
A report on the incident released in December 2024 by consulting firm MNP found the U of C to be “measured, deliberate and informed” amid a complex and challenging situation.
The Alberta Serious Incident Response Team concluded “serious” injuries from the incident couldn’t be verified.
Premier Danielle Smith expressed support for police officers’ removal of the protesters.
None of the plaintiffs’ accusations have been proven in court.
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