A Statement from ALCCA's Chair on the Expanded Charges in the TMU Case
- ALCCA Staff
- Apr 21
- 2 min read
Updated: Apr 22
On November 5, 2025, masked intruders incited by TMU's Students for Justice in Palestine attacked an off-campus meeting held by TMU’s Students Supporting Israel (SSI). Toronto Police initially laid multiple charges of obstructing or assaulting police officers as well as several forcible entry and unlawful assembly charges. They indicated that the investigation was ongoing.
At the time, I publicly urged the police to consider additional charges, including wearing disguise while participating in an unlawful assembly and public incitement of hatred.
Last Friday, the police laid a new Information (the charging document) refining and augmenting the charges against four accused. In addition to charges of forcible entry (against all four) and obstructing police (against two accused), the accused now face the following charges:
Public incitement of hatred against Israelis (two accused)
Unlawful assembly while wearing a mask or disguise (four accused)
Participating in a riot while wearing a mask or disguise (four accused)
Mischief by damaging property and assault (one accused)
Mischief in interfering with the lawful use of the premises and with everyone lawfully within the premises (four accused)
This is an encouraging development for several reasons. First, Israelis are an "identifiable group" (a section of the public distinguished by national origin) under the Criminal Code. All too frequently we have witnessed a failure to recognize that incitement or wilful promotion of hatred directed against Israelis generally is a crime that must be recognized as such.
Second, participants in an unlawful assembly or riot often wear masks or disguises to facilitate criminality and avoid their identification by police. That is why it is important to lay mask or disguise offences, with enhanced penalties available on conviction when an investigation successfully identifies perpetrators.
Third, an unlawful assembly becomes a riot when it leads to a tumultuous disturbance of the peace. Participating in a riot represents a more serious offence warranted in the circumstances alleged here. This may represent the first time such charges have been laid in the recent past.
Finally, there are multiple forms of criminal mischief. The most common involves damaging property. However, mischief may also involve interference with the lawful use, enjoyment, or operation of property, typically underutilized in addressing unlawful protests, demonstrations, and occupations.
Here, the charge reflects a critically important acknowledgement that no one was entitled, through violence or otherwise, to prevent a lawful meeting of SSI students and their guests. Too often, we see "ends-justifies-the-means" rhetoric to justify illegal conduct targeting our community.
ALCCA's training of police and prosecutors across the country reinforces all these points, while distinguishing between protected speech, assembly and association and criminality.
Mark Sandler
ALCCA Chair
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