Content: Two years after the onset of the Israel-Hamas conflict, concerns about free speech among Canadian workers remain significant. During the war, several individuals faced repercussions for expressing criticism of Israel on social media. A paramedic was fired, a teacher was placed on extended leave, and a medical resident had their training suspended. All claimed their punishments violated their Charter rights to freedom of expression.

Free-speech advocates and legal experts largely support these claims, arguing that the actions taken against these individuals are unjust. However, pro-Israel organizations and groups monitoring antisemitism contend that employers have the right to enforce workplace policies. As a fragile ceasefire holds in Gaza, advocates warn that a chilling effect on public discourse regarding the conflict, particularly criticisms of Israel, is likely to continue.

James L. Turk, director of the Centre for Freedom of Expression at Toronto Metropolitan University, expressed skepticism about any change in the current climate. "I think there'll be a strong opposition to any of those kinds of expressions as there were before. So, I'm not sure how much is going to change. I'm not optimistic at all," he said.

In June, York Region paramedic Katherine Grzejszczak was terminated after commenting on a union Facebook post that called for a demonstration against Israel amid military strikes. She argued that the right to protest should be respected in Canada. "But sadly, I think the events of the last two years and the way people have been persecuted, including loss of employment, shows that we actually don't have those freedoms," she stated. Grzejszczak's case is currently under arbitration. She clarified that her criticism was directed at a state, not at individuals of the Jewish faith.

The conflict escalated on October 7, 2023, when Hamas militants attacked Israel, resulting in significant casualties on both sides. Israel's military response in Gaza has reportedly led to over 69,000 Palestinian deaths, according to local health officials. A UN commission recently concluded that Israel's actions could be classified as genocide, a claim Israel has dismissed as biased.

In Ottawa, Yipeng Ge faced suspension from his medical residency at the University of Ottawa for social media posts labeling Israel as a "settler" colonial and "apartheid" state. Ge was reinstated after an investigation found no unprofessional conduct. However, he resigned, citing the university's refusal to acknowledge anti-Palestinian racism and its lack of an apology. Ge has since filed a human rights complaint against the institution. He recounted his experiences as a volunteer medic in Gaza, stating, "I saw children that were just skin and bones, that were forcibly starved because of the Israeli blockade on the Gaza Strip. Israel is committing a genocide against Palestinians in Gaza. Just because that is uncomfortable for some people, it's not an excuse to not talk about it or confront it."

A teacher from the Toronto District School Board, who requested anonymity due to fear of retaliation, reported being investigated and suspended for a critical social media post about Israel. They described the experience as isolating and anxiety-inducing, stating, "The impact is that it makes myself and other teachers afraid to speak about anything that we could see as unjust."

The TDSB has not disclosed the number of teachers disciplined or the outcomes of investigations. A report from the UN's special rapporteur on freedom of opinion and expression highlighted a global crisis regarding free speech, particularly in the context of the Israel-Hamas conflict.

In the U.S., the previous administration threatened to cut funding to universities over rising antisemitism, a move critics argue aimed to silence dissent against Israeli policies. In Canada, the extent of penalties faced by individuals expressing opinions on the Gaza conflict remains unclear. Advocates note that while Charter rights are generally upheld, a pervasive culture of fear exists.

Turk noted, "One of the effects of the polarization around Israel is it does have a chilling effect on lots of people. Lots of people just will not express a view because they don't want to get attacked. And there's some supporters of Israel who feel they'll be attacked. I mean, it really is polarized in our society and so, as with many other polarizing issues, a lot of people just get silent."

Richard Robertson, director of research and advocacy at B'nai Brith Canada, stated that while his organization did not influence the disciplinary actions against Grzejszczak and Ge, it supports them. He emphasized that freedoms are not absolute and that expressing geopolitical views does not exempt individuals from professional responsibilities. Robertson also reported a significant increase in antisemitic incidents in 2024 compared to previous years.

In November 2023, four employees at a restaurant were fired for supporting a pro-Palestinian protest while on duty. Robertson noted that many professionals have faced consequences for expressing support for Israel or condemning Hamas, although specific examples were not provided.

Legal experts have weighed in on the issue, with Nancy M. Shapiro stating that while Charter rights protect against government overreach, they do not grant immunity in private workplaces. Employers are obligated to maintain safe and harassment-free environments, which may necessitate disciplinary actions against employees who engage in discriminatory behavior.

Jackie Esmonde, a labor lawyer, argued that while employers can enforce policies to prevent harassment, they must act reasonably. She criticized the notion that criticizing Israel could breach a code of conduct, calling it a misuse of professionalism to silence dissent. Many workers continue to speak out despite potential repercussions, often citing support from international organizations.

Anaïs Bussières McNicoll, director of the Canadian Civil Liberties Association's fundamental freedoms program, emphasized the importance of allowing individuals to express their opinions, even if they are unpopular. Richard Moon, an emeritus law professor, noted that Canadian hate speech laws are narrowly defined, indicating that criticism of a state's actions does not constitute hate speech.

As the discourse surrounding the Israel-Hamas conflict continues, the implications for free speech in Canada remain a pressing concern for many workers and advocates alike.