| May 26, 2021 - No.
49 There
Is No Such Thing as a Right to Defame Troubling
Expansion of Powers to Subject Teachers' Conscience to Scrutiny
- Enver
Villamizar -
•
Attempts to Get Away with
Defamation in the Name of Opposing
Hate - Mira Katz • Petition
-- Protect Students and Education Workers
There Is
No Such Thing as a Right to Defame -
Enver Villamizar - One
of the programs of the different
provincial governments in Canada has been to limit educators'
professional judgment in various ways
while at the same time increasing the government's ability to decide
what teachers can and cannot say or do in the classroom or outside of
the classroom. This comes at a time that governments are attempting to
impose retrogressive changes to the content of education such as is the
case in Alberta with the new K-6 curriculum or in Ontario with
new Health and Physical Education and Math curriculums. A definite
direction of these governments is to divert from their anti-social
restructuring of the state, and in this case of education, by claiming
that the biggest problem in education is educators and their unions in
order to justify trying to silence them or ignore their expertise.
Thus,
alongside the changes to education there has been a campaign to
demonize and threaten educators for speaking out in general on matters
of concern such as the rights of Indigenous peoples, pipelines or
matters of war and peace.  In
Ontario a recent move involves an attempt to strengthen the ability of
the Ontario College of Teachers (OCT), the professional body that
oversees the teaching profession, to trigger suspensions and
investigate teachers. On November 6, 2020, shortly after the re-start
of schools under the conditions of the pandemic, the OCT added "hateful
remarks and behaviour" as new criteria for professional misconduct,
without public discussion or consultation regarding the significance of
such a change. The specific new grounds for an investigation for
possible professional misconduct are: "Making remarks or engaging in
behaviours that expose any person or class of persons to hatred on the
basis of a prohibited ground of discrimination under Part I of the
Ontario Human Rights Code (HRC)." Part 1 of the HRC says, "Every person
has a right to equal treatment with respect to services, goods and
facilities, without discrimination because of race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation,
gender identity, gender expression, age, marital status, family status
or disability."
The change applies to all members
of Ontario's teaching profession,
including teachers, consultants, vice-principals, principals,
supervisory officers, directors of education, those working in
non-school board positions, College members in private and independent
schools, and those positions requiring a certificate of qualification.
Of particular note is that the new criteria for professional
misconduct explicitly apply to "conduct and/or remarks made to anyone
inside or outside the
classroom, on duty or off, and via electronic
means." (Emphasis
added.) Teachers have always been subject to scrutiny
for their actions "off-duty" so one has to ask what is this about, why
now
and what is the aim? The OCT, at the time of making
this addition to its criteria for
misconduct, claims it is to address racism in education and even
systemic racism. In this way combating racism in education is made all
about sanctioning allegedly racist or hate-filled teachers. Educators,
students, parents and the public in general are very concerned about
the way
that state- organized racism expresses itself in schools. Whether it be
opposition to the permanent placement of police in schools through
School Resource Officer programs, or opposition to the colonial and
empire-building outlook which imbues the curriculum, especially in
social studies, educators are in the front ranks of the fight for
anti-racist
education and often face the active opposition of governments to their
demands for change. So it is concerning that in the name of fighting
hatred and racism the government and institutions under its control
such as the OCT are now making teachers the problem. One has to
consider what this is all about. It is worth noting
that the new grounds for investigation by the OCT
were made public less than a month after the Ford government slipped in
a controversial and highly contested definition of anti-Semitism known
as the International Holocaust Remembrance Alliance (IHRA) Working
Definition of Antisemitism, widely seen as attempting to
conflate criticism of Israel with anti-Semitism.[1]
The government made its unilateral move pre-emptively through an
Order-in-Council just as public hearings were about to begin on a
private Member's bill that would have required debate and a vote in the
legislature to pass the IHRA definition into law.
The Trudeau government carried out a similar move a year earlier,
slipping the definition in quietly with no discussion or debate in
Parliament, simply announcing that it had been made part of its
anti-racism strategy. The Ontario government's
adoption of the definition is very
significant, since making it "official" has opened the door for it
being used to assert that those who oppose the Israeli occupation of
Palestine are anti-Semitic and therefore guilty of promoting hatred
towards those of the Jewish faith. For educators, this then makes them
subject to
arbitrary powers which can remove them from their jobs or use other
means to silence them for their legitimate political views.  Recent
events in Palestine and Israel and the upsurge of resistance to
occupation have led many people, including educators, to take stands
and speak out. Some are now finding themselves the target of witch
hunts by those who have been emboldened by governments' back-door
adoption of the IHRA definition without any public discussion. In this
way people are defamed and then criminalized without even knowing what
new laws and policies they are subject to, let alone afforded due
process.
What kind of a democracy is this in which
governments and their
institutions deliberately shield serious matters relating to the right
to conscience and freedom of speech from public discussion and debate,
then put tools in place behind closed doors to criminalize those whose
stands and opinions they disagree with, in order to label them as
hate-mongers and worse? This is why changes to the
OCT powers for investigation of
misconduct are a serious matter. They give the government and other
political entities a mechanism to silence educators as private citizens
and as professionals and to violate their right to conscience on
matters of grave national and international concern. The Ford
government already
attempted to set up a parent snitch line, encouraging parents to call
to report teachers if they felt they were ignoring a new Health and
Physical Education curriculum it brought in swiftly right after being
elected in 2018. Parents did not bite then. However, the changes to the
OCT powers appear to be a new attempt to paint educators as the
problem in education, and to go further in providing the government and
those emboldened by them the ability to persecute those whose views
they disagree with, and who dare to speak out. It is unacceptable and
should be opposed by all those who stand for the right to conscience
and freedom of speech. Note 1. "Jewish Voices
and Faculty Oppose Adoption of Ill-Conceived Definition," The
Marxist-Leninist Monthly, April 4, 2021.
-
Mira Katz - A serious issue at this time in
Ontario is the use of amorphous
terms like "hate" or "anti-Semitism" to defame and silence people who
speak out against Israel's occupation of Palestine and who advocate for
Palestinian rights. It is also extended to apply more broadly to
matters of war and occupation. Educators in particular are being
targeted,
with the allegation that by opposing Israel's occupation or even
sharing information which clearly opposes occupation in a general
sense, they are spreading "hate" and anti-Semitism. These allegations
are then used to trigger police powers to either suspend educators from
work or prevent them from getting work. In
most cases the charges are not substantiated but the damage is done by
inciting suspicion about them and by trying to make educators reluctant
to stand up for what they believe on all fronts. This is
what defamation is all about: those who have seized control of public
institutions have the power to act as "judge, jury and
executioner." By imposing criteria
for judgement based on personal views and
opinions or views and opinions which accord with those demanded by
self-serving narrow private interests, they are destroying
lives with impunity. The same is taking place wherever notions of
"political correctness" or accusations of
what is called "cultural appropriation" are imposed. First the
individuals are defamed and simultaneously deprived of due
process and even of their livelihoods. Defamation is a
medieval practice which violates fundamental common
law principles which do not permit people to
be "outlawed." To be "outlawed" means the person
is subjected to "civil death." To be deprived of civil rights
means you can be treated as "fair game" -- as animals which
can be shot during one of the King's hunting parties in his "Great
Forests." It must not pass!
 In
a recent example, on May 22 the Toronto
Sun published an editorial by
Sue-Ann Levy that targeted an educator with the Toronto District School
Board who had provided a compilation of resources for teachers to use
for teaching about the Israel/Palestine conflict. It was clearly based
on informing educators about the rights of the Palestinian
people as an occupied people and their experience living under Israeli
occupation. The resources were provided as part of an opt-in
Gender-Based Violence Mailing List run by the educator through which he
provided regular information for teachers.[1]
The compilation included information on the Boycott,
Divestment and Sanctions (BDS) campaign of opposition to the Israeli
occupation. In the article Levy made clear her problem was with the
political views of the educator, stating that their personal Facebook
account contained "pro-Palestinian, anti-Israel posts,” as if
such positions were somehow illegal, or evidence of criminality and
proof that her defamation of the educator was justified. The article
states that "An educator with the Toronto District School Board (TDSB)
is under investigation after he allegedly sent a virulently anti-Israel
manual out to teachers that suggests a documentary and a book about a
terrorist, recommends children's books that characterize Israelis as
thieves and murderers, and gives advice on how to teach students about
the hateful Boycott, Divestment and Sanctions (BDS) movement against
Israel." The TDSB has launched an investigation and
has removed
the educator from their duties while it takes place. A petition was
issued almost immediately in support of the educator in question by
colleagues, showing that such attempts to silence those who speak out
will never be accepted. The petition is reprinted below.  Another
recent case involves the allegation that Dr. Valentina Azarova had her
initial offer of employment revoked by the University of Toronto as a
result of her past work on war crimes by Israel and its violations of
human rights, especially on the question of the building of
settlements. As a result of these actions academics have taken stands
to not participate in events organized at U of T and a number of
organizations have ended their partnership with the university as a way
to support Dr. Azarova and show their opposition to attempts to silence
criticism of the occupation by academics.[2]
Those
who stand for freedom of conscience and against occupation
cannot accept that educators become subject to tests of conscience
about their views on Israel's ongoing occupation, whether in the name
of opposing hatred or anti-Semitism or any other justification. When
educators model what it means to stand up for one's beliefs, to speak
out against injustice and to be leaders in society, it provides the
youth with confidence that they can do the same. Note1. The Mailing List
"includes resources,
event announcements and other news and articles related to gender-based
violence prevention, sexual violence prevention and healthy
relationships using a critical anti-racist, intersectional, and
decolonial framework that call out anti-Semitism and Islamophobia.
These
resources use a power analysis and
support critical thinking and action on transforming conditions that
enable harm and creating ones that promote healing, care, dignity and
liberation. These resources aim to support 2SLGBTQ+ youth with multiple
identities and belonging to BLACK, INDIGENOUS, RACIALIZED and DISABLED
communities. They are in support of Indigenous
sovereignty, Indigenous self-determination and LAND BACK."
2. Other
examples include: In
2016 Nadia Shoufani, a teacher at St. Catherine of Siena
Separate School in Mississauga, was suspended pending further
investigation after she spoke at a rally in support of the Palestinian
people. The incident was referred to the Ontario College of Teachers
for investigation and review after groups such as B'nai Brith and
Canadian Jewish
Advocacy went all out to try and punish Shoufani for her statements and
for being outspoken. For example, speaking on behalf of Canadian Jewish
Advocacy, Berl Nadler, Co-Chair of the Centre for Israel and Jewish
Affairs (CIJA) in the GTA stated, "We applaud the Dufferin-Peel
Catholic District School Board for taking decisive action by
suspending Shoufani. We are appreciative that [Mississauga] Mayor
Crombie and other officials have been sensitive to our concerns and
responsive in this serious matter. It is disturbing to think that
someone who is entrusted with the responsibilities of a teacher would
be among the leading voices at a toxic, anti-Semitic event like Al-Quds
Day." "We have already
filed a complaint with the Ontario College
of Teachers, and will be following up to urge the College to take
meaningful action in this case," added Joel Reitman, Co-Chair of CIJA
in the GTA. "We are particularly concerned that a teacher with a record
of such extreme activism would be in a position to transmit her noxious
worldview in the classroom, and are hopeful that the College will take
steps to mitigate this risk." In
response to the complaint Liz Stuart, president of the
Ontario English Catholic Teachers' Association, the union representing
Shoufani, said, "A teacher should never have to worry that their
professional reputation will be attacked in an effort to prevent them
from exercising their right to free expression [...] Ms.
Shoufani was expressing
herself as a private citizen." (Emphasis added.)
In 2007 a teacher in the TDSB was subjected to a
witch hunt
after a national media campaign was launched against him because he had
put forward a motion for his provincial union to endorse the BDS
movement. His school board was pressured into investigating him, while
no accusations were ever formally presented to the teacher. He was
moved out of the school to teach from home while a formal investigation
proceeded. The investigation involved interviewing his students to try
and see if he had been "promoting hate" in the classroom. After the
Board turned up nothing to substantiate their fishing expedition,
students defended the teacher and even started a petition to have him
brought back.
To Director Falconer, Interim Director
of Education, TDSB  We, the
undersigned, are writing in support of Javier Davila, an
educator in the Toronto District School Board who was recently targeted
by Postmedia Columnist Sue Ann Levy. Levy has a longstanding track
record of Islamophobia and has been censured from the NewsMedia Council
of Canada for a "serious breach of journalistic standards
for accuracy in reporting." The same newspaper within the same 24 hours
has insisted that criticizing Israel is not anti-Semitic in and of
itself.
Her article was aimed to publicly discredit
and vilify Mr.Davila for
sending out carefully curated educator resources on Israel and
Palestine. These resources have been reviewed by multiple
organizations, experienced educators, Human Rights and legal experts
who have all concluded they are legitimate, anti-oppressive resources.
There are no
instances of anti-Semitic content within the resources (from May 16th,
and May 19th). The resources are consistent with the TDSB's commitment
to equity, anti-oppression, anti-racism, Indigenous education, and
on-going mission to decolonize our schools. They are also consistent
with Mr.Davila's professional duty to uphold the principles of the
OCT, and to principles of equity consistent with the Vision for
Learning directed by the TDSB. Hence the hypocrisy,
and intent behind this article is highly
questionable, and should not have been the basis for any punitive
action or investigation from the TDSB towards Mr.Davila. It
is important to state that through his position as a Student
Equity Program Advisor, Mr.Davila has consistently shared invaluable
resources with educators through an opt-in mailout list. The GBVP
mailout has been active for 12-years and supported countless educators
in: - Using a critical anti-racist, intersectional,
and decolonial framework that calls out antisemitism and Islamophobia; -
Using a power analysis and supporting critical thinking and action on
transforming conditions that enable harm in order to support learners
in creating ones that promote healing, care, dignity and liberation; -
Aiming to
support 2SLGBTQ+ youth with multiple intersecting identities and who
belong to BLACK, INDIGENOUS, RACIALIZED and DISABLED communities. They
also support Indigenous sovereignty, Indigenous self-determination and
LAND BACK movements. This resource has been
received by a diverse group of educators,
including Jewish educators who have expressed enthusiasm at the nuance
and clarity demonstrated in the resources. The TDSB has already taken
an institutional stance on decolonization, as well as all forms of
racism and oppression including anti-Black racism, anti-Asian racism,
anti-Indigenous racism, antisemitism, and Islamophobia.
Exceptionalizing its stance on Palestine sends a conflicting message to
educators, students and our school communities. Rather, to target
educators for denouncing ethnic cleansing and settler colonialism in
the global South takes a radical political position which harms many
students,
educators, and community members within the TDSB who have experienced
similar violence. We urge you to be consistent in
your application of decolonizing
principles. Israel, much like Canada, is a settler colonial state with
the distinction of the intergenerational trauma on both sides of this
issue. The TDSB's genuine commitment to decolonization of our schools
in Canada requires international solidarity and opposition to all forms
of imperialism and colonialism or it suffers from appearing hollow.
The TDSB has a moral and professional responsibility to
support and
defend Mr.Davila and educators like him who demonstrate a commitment to
decolonization. This is a nuanced conversation, and as anti-oppressive
educators, we have a responsibility to ask for intentionality and care
in having these discussions, in ways that are
trauma-sensitive, name power dynamics, and call out antisemitism and
Islamophobia. We cannot merely ignore this issue, and to do so is to be
complicit in the violence itself. Instead the
TDSB's response has served to legitimize an intensely
right-wing journalist, by providing institutional credibility behind
her baseless claims. The fact that the TDSB's response to Sue Ann Levy
included mention of confidential employer-employee processes without
even informing Mr.Davila himself further demonstrates an
institutional abdication of responsibility and good-faith. By doing so,
the TDSB is creating a platform to permit the abuse of educators like
Mr.Davila from known right-wing hate groups. This stands in
contradiction with the TDSB's own policies to create safe schools for
all, and its on-going commitment to "maintaining a learning and working
environment which actively promotes and supports human rights."
Any disciplinary action that may be considered against TDSB
employees like Mr.Davila will constitute an attempt to silence,
intimidate, and increase vulnerability for those who have remained
steadfast in their commitment to fulfilling the TDSB's mandate of
equity, anti-oppression, Indigenous education, and the decolonization
of our schools,
outlined in the Equity Policy and Multi Year Strategic Plan. It also
sets a precedent of demonstrating that the equity praxis of the TDSB is
limited to simply talking the talk, while never actually walking the
walk. This is unacceptable, and needs to be addressed immediately.
We call on the TDSB to: - Not deign to
respond to the incredibly biased reporting or
messaging of known hate-groups or individuals affiliated with such
groups; - Fulfill its moral and professional
responsibility to support
Mr.Davila and other educators who demonstrate a commitment to
anti-racism, anti-oppression and decolonization, and publicly denounce
attempts at censorship by: Not
surveilling the social media of anti-oppressive educators; Understanding that the identities
and lived experiences of
anti-oppressive educators inform their activism and need to speak out
against institutional violence; Extending tangible support to
educators who are harassed for their anti-oppressive work within the
TDSB; Challenging
the toxic culture of silence around many equity issues,
especially Israel and Palestine which prevents ALL TDSB educators from
engaging in this work confidently; - Release a
statement condemning Israel's illegal occupation and
colonization of Palestine. This precedent has already been established
within the TDSB, and demonstrated through efforts to respond to
anti-Black racism and anti-Asian racism within education through public
statements that stress an institutional position on the issue;
- Follow through with its stated commitment to "build capacity
among
leaders to facilitate learning in human rights, equity and
anti-oppression" by developing scholarship, educational resources, and
training on Palestine -- and, more broadly, settler-colonialism and
imperialism in the global South by including organizations that have
consistently
demonstrated a commitment to Human Rights and integrity such as
Independent Jewish Voices (IJV), Teachers 4 Palestine (T4P), Palestine
House, and Jewish Voice for Peace. Standing for
justice is never easy, but we urge the TDSB to remember
the words of Desmond Tutu, "If you are neutral in situations of
injustice, you have chosen the side of the oppressor." In this
instance, it's painfully apparent that the TDSB has proven through its
actions to be siding with harm, violence, censorship and oppression. We
urge
you to do the right thing as the world watches. To
sign the petition or view the list of signatories click
here.
(To
access articles individually click on the black headline.) PDF
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