Letter to Premier Ford, Doug Downey, Attorney General, and others from Jeff S.Steinberg re weekly Anti-Israel protest at Bathurst and Sheppard in Toronto

Dear Premier Doug Ford,

Hon. Doug Downey, Minister of the Attorney General

Hon. Michael S. Kerzner, Minister of the Solicitor General,

Councillor James Pasternak, York Centre College

Re: Bathurst/Sheppard-Bathurst Manor-Demonstrations

I am a long time resident of Bathurst Manor. I grew up there, raised a family there and have recently retired while still living there.

I am a father of two, a regulatory lawyer (recently retired) and a Jew. My synagogue is several blocks from where I live.

I write to express my concern regarding the erosion of civil society, which has manifested itself in my own backyard in the most palpable and egregious manner.

As you know, following October 7 2023, the Jewish community of Toronto, often accompanied by well-wishers from the broader community, joined us in a rally at the corner of Bathurst/Sheppard every Sunday in support of the release of innocent men, women, children and babies at the hands of a jihadi/terrorist group, being held in tunnels in Gaza. This was not a political demonstration in support of Israel government policy. Rather, it was a rally cry in support of the release of innocent hostages, period.

As you further know, our rally led to a group, often substantial in numbers and very loud and aggressive in demeanour, standing across the intersection from where we stood, chanting blood libels and slogans meant to intimidate and provoke. Many of these individuals were masked, which added to the level of intimidation and inciting behaviour they brought to bear.

Following the release of the hostages, dead and alive, our group disbanded. Nevertheless, members of the jihadi/terrorist supporting group remained in place on Sundays at the same intersection. They escalated their previous behaviour by starting to march through the residential side streets of Bathurst Manor and some streets on the south side of Sheppard Ave. W. These streets house the B'nai B'rith Building and the Lodzer Centre synagogue. Needless to say, such conduct provoked fear, intimidation and consternation on the part of neighbourhood residents, including myself.

Our group started up again knowing this was happening. We stood proudly and defiantly opposed to what has become of our neighbourhood, including not only the arterial heart of perhaps all Jewish Canada (Bathurst and Sheppard intersection) but a historic Jewish enclave, populated with Jewish religious, cultural, educational and social institutions.

Two Sundays ago, I stood with our group and Bathurst and Sheppard. Despite the police advising that they would bar access or entry to residential side streets, the jihadi/terrorist sympathizer mob marched westbound along Sheppard Ave W attempting to enter side streets in utter disregard of the prior police announcement. The police, to their credit, barred entry to side streets by forming standing barricades. At Wilson Heights Blvd, this unruly mob crossed to the south side of Sheppard and continued the same exercise marching eastbound back toward the intersection of Bathurst/Sheppard.

It should be noted that this mob marched past a Mikveh, two Jewish seniors residences, a Jewish day school and my very own synagogue. Clearly, they were marching through a Jewish neighbourhood. They may not have been one street north or south of Sheppard Ave W, but it would be disingenuous to assert that this is not a neighbourhood, let alone a Jewish neighbourhood.

It should also be noted that the intersection of Bathurst/Sheppard itself is lined with large apartment buildings, the residents of which, Jewish or not (and presumably many are Jewish) are subject weekly to the same conduct, which the police have now deemed unacceptable to take place on side streets. Apartment dwellers are being singled out for lesser protection than homeowners.

With respect, the intersection of Bathurst and Sheppard is a Jewish enclave. As is Sheppard Ave W with all the Jewish institutions I enumerated above. Any distinction between the intersection of Bathurst and Sheppard and along Sheppard Ave W, on the one hand, and the side streets off of Sheppard Ave W, on the other, constitutes an artificial and unprincipled distinction.

It should be understood that if the mob stood in front of Darchei Noam synagogue, they would be in contravention of the City of Toronto "bubble zone" bylaw. However, as the mob marched by and did not stop per se, the bylaw was presumably not contravened. I ask you if this is a reasonable distinction that you as legislators wish to make in your Ontario.

The solution is not to download responsibility on our community, which is literally under attack and assault, to make this nightmare go away. The solution is also not to ask our community to remain subject to this clearly intolerable state of affairs that I honestly do not believe any other community would be expected to remain subject to.

The police take the position that the mob has a right to protest and under that guise, are "blowing through" their budget while providing what appears to be guided escort to an unruly mob of jihadi sympathizers. I understand that from their perspective, they are keeping the peace. There is an element of truth to that assertion. However, a guided escort to an unruly mob through a Jewish enclave would now appear to be the new normal in Ontario. From another perspective, this is bringing the administration of justice and policing into disrepute.

What can be done? From our community's perspective, the Mayor and Toronto City Council are missing in action. The police will not act.

In my respectful submission you as provincial legislators can act where the City of Toronto and the police have failed to act.

You can pass a law restricting political demonstrations in the City of Toronto (or throughout the Province) to designated sites such as local city halls, embassies, Queens Park, etc.

Assuming for the sake of argument that a mob has a Charter right of association and freedom of expression, my retort is that Charter rights are subject under S.1 to reasonable limits prescribed by law that are demonstrably justified in a free and democratic society.

Surely it is not in the interests of civil society to allow the importation of sectarian strife into ethnic enclaves (and under police escort to boot). I ask you, what if my synagogue was releasing children from a Sunday Hebrew school event and the children were exiting as the mob was passing by (circumventing the bubble zone bylaw on the basis they were moving as opposed to standing till) What if they choose in the future to march past Sheppard Ave W on the Sabbath as our synagogue congregants are exiting the building? This is not the kind of behaviour Ontario should tolerate as synagogues are being shot up. Allowing these marches to continue past our institutions sends the wrong message. And with potentially deadly repercussions as the situation escalates. Our community and all Ontarians deserve better than this. This is not my Ontario and it is not yours.

You have the power to act. It is a grave responsibility to be used wisely and judiciously. This is one such incident where there is a severe need to balance individual and societal interests.

Respectfully, such a law restricting political demonstrations to specific venues would not constitute legislative overreach. Jihadi/terrorist sympathizers would still be free to associate and express themselves, just not in my backyard, or yours. Queens Park, City Hall, etc, suffice and would enable and permit full expression to the above Charter rights, which are neither absolute nor unqualified.

Of course, such a law would be challenged in the Courts. You must be prepared to instruct your lawyers to defend the law.

Should the courts strike the law down, it will be your decision whether or not to invoke the notwithstanding clause, which, subject to a pending decision of the Supreme Court of Canada, remains yours to invoke in the name of parliamentary supremacy.

At the end of the day, I ask you to pretend you are Jewish. Pretend you live in Bathurst Manor. Ask yourself how you would feel at what you see unravelling before your own eyes in your own neighbourhood in terms of the degradation of civil society where Jihadi sympathizers march in your neighbourhood (along Sheppard Ave W) under police escort, as your children and fellow congregants, seniors, school children are exposed to the rabble, the noise, and the hate.

I ask you to also consider the floodgates. If the importation of sectarian strife is allowed to flourish in Ontario, be soberingly forewarned that other agitators in other communities will take their cue and feel free to copy the very behaviour that the City and Province have failed to date to proscribe in our backyard.

Finally, view the situation through the lens of who you are, legislators, who want to see maintained and flourishing a tolerant, inclusive, peaceable civil society. That is not the status quo in Ontario today. Civil society is eroding. You must find the voice and the courage to act to stop further descent.

I would be only too happy to meet with any or all of you to further discuss this urgent and important matter. The time for action is overdue.

Respectfully,

J. S.

North York