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B.C. Court Upholds SFU Faculty Association’s Gaza, Divestment Resolutions

The judge pointed to a broad mandate supported by a record of unchallenged political statements.

Overview

  • Justice Francesca Marzari dismissed the petition on Sept. 2, ruling the Simon Fraser University Faculty Association acted within its stated purposes.
  • The court found the association’s purposes are broadly worded rather than confined to the university campus or region, as petitioners claimed.
  • The contested resolutions condemned Israel’s actions in Gaza and urged divestment from arms manufacturers after vigorous debate among members.
  • Petitioning members argued political positions should be expressed individually, not through the association, but the court rejected that view.
  • The ruling noted prior unchallenged political resolutions by the association, including on the Pinochet regime, Soviet abuses, the Trans Mountain pipeline, and climate change.