Sixteen months after her arrest in a nighttime raid on her dwelling, Toronto faculty trainer Suzanne Narain sat in a packed courtroom, anxiously ready for a decide handy down her destiny.
Fees in opposition to Narain and two others have been withdrawn on Thursday in a courtroom bursting with supporters, at what was anticipated to be the conclusion of the instances in opposition to 11 activists accused within the vandalism of a downtown Indigo bookstore in November 2023.
And though Choose Vincenzo Rondinelli reserved his judgment for 2 of the group who pleaded responsible Thursday, it appears doubtless that this large-scale investigation involving greater than 70 law enforcement officials and 10 nighttime raids is not going to obtain a single registered felony conviction.
“We’re saying it’s a victory for us,” Narain tells World Information in an unique interview.
“They invaded our properties, destroyed our lives and spent tens of millions of {dollars} to do that. And there hasn’t been one conviction. Simply to silence organizers talking out in opposition to Palestine. And none of us are silent,” Narain says.
Suzanne Narain, one of many ‘Indigo 11’ accused within the vandalism of a downtown Toronto bookstore, had her costs withdrawn on Thursday.
Ashleigh Stewart
Supporters flooded the courtroom Thursday, lots of them carrying keffiyehs, an emblem of Palestinian tradition and resistance, in assist of a gaggle of professors, academics and activists who’ve turn into collectively often known as “the Indigo 11.”
The group confronted costs of mischief, conspiracy and felony harassment in relation to the Nov. 10, 2023, vandalism of an Indigo bookstore in downtown Toronto, during which pink paint was splashed throughout the storefront and posters of Jewish CEO Heather Reisman’s face, above the caption “funding genocide,” have been glued to the home windows, weeks into the Israel-Hamas battle.
Reisman’s HESEG Basis supplies tuition to former lone troopers who serve within the Israel Protection Forces.
Police labelled the incident a “hate-motivated mischief investigation,” whereas Jewish advocacy teams referred to as the act antisemitic, as hate crimes in opposition to Jews spiked throughout the nation. The incident turned a flashpoint for native tensions amid the Israel-Hamas battle, as the road between hate crime and bonafide protest turned more durable to outline.
In accordance with Toronto police, there have been 488 demonstrations associated to the battle within the Center East since Oct. 7. These resulted in 94 arrests — 10 of them associated to hate crimes.
However a number of of the Indigo 11 argue this isn’t the identical factor; that protests shouldn’t be criminalized. Additionally they argue that the police investigation has been heavy-handed, that raiding their properties in the midst of the evening with out warning has left lots of them traumatized and subjected to abuse and demise threats.
However the Jewish neighborhood says the police’s failure to register a felony conviction in opposition to any of the Indigo 11 undermines public confidence in authorities.
“By sending the sign that our courts take these acts of hate calmly, this determination dangers emboldening extremists and inspiring additional law-breaking,” says Michelle Inventory with the Centre for Israel and Jewish Affairs.
Others level to the police response for example of “overreach” and an inclination to guage pro-Palestinian protests extra harshly.
“There’s a giant distinction between hate speech and protesting in opposition to the IDF’s actions in Gaza,” says Bruce Ryder, a professor at York College’s Osgoode Corridor Regulation Faculty.
“And it’s actually unlucky that the police didn’t appear to point out any appreciation of the sensitivity and nuance required to make the excellence between legitimate political speech and hate speech.”
Because the case now reaches its conclusion, seven of the accused have had their costs withdrawn and 4 have pleaded responsible. Two of these responsible pleas have obtained absolute discharges, and the opposite two are more likely to be granted the identical.
As authorities proceed to grapple with easy methods to deal with protests within the wake of Oct. 7, how did this case go so unsuitable?
‘I felt it essential to act’
Toronto police say they’ve made 220 arrests and laid 604 costs for hate crimes because the battle broke out not together with demonstrations. Antisemitic hate crimes made up 46.9 per cent of all hate crimes in 2025.
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In January, a Toronto man was charged with 29 crimes, together with advocating genocide and inciting hate, after he allegedly spent eight months posting on-line to encourage assaults on the Jewish neighborhood in assist of Palestinians.
These actions have been labelled hate-motivated offences. The Indigo 11 argue their case shouldn’t be the identical factor.
World Information sat down with two members of the group, Narain and Sharmeen Khan, forward of their courtroom look on Thursday. As their bail situations disallowed them from associating with one another, Narain needed to go away earlier than Khan arrived. Each Khan and Narain later had their costs withdrawn.
Activist Sharmeen Khan says postering is a type of protest and shouldn’t be criminalized.
Ashleigh Stewart
After 16 months of silence, they needed to lastly try to clear their names. Nevertheless, as a result of every was anticipating their costs to be withdrawn, they closed ranks as quickly as they have been questioned about Nov. 10.
“There have been posters put up with a satirical message and washable pink paint,” says Narain, a former TDSB faculty trainer who’s presently below investigation by the Ontario School of Lecturers as a result of her arrest.
“I believe that’s the message. Who was there, who did it, whose costs received dropped…that doesn’t matter as a lot.”
What is evident, from the Crown’s abstract of info, is that at about 4 a.m., at the least 4 of the accused, who entered responsible pleas, visited Indigo and caught up about 50 posters, and a number of other of them poured pink paint over the window. It brought about about $9,000 price of injury, the Crown mentioned.
York College doctoral scholar Stuart Schussler pleaded responsible to his position in shopping for the provides at Residence Depot. Immigration lawyer Macdonald Scott, who additionally pleaded responsible, advised the courtroom, “This was a time that I felt it essential to act.” Each now await sentencing on April 10.
Within the days following, police arrested one of many group, Nisha Toomey, and located a chat thread on the messaging app Sign, during which a number of of the accused mentioned committing the vandalism.
This shaped the premise for a slew of nighttime raids, involving battering rams in some instances, on 10 activists’ homes. Toomey later pleaded responsible and obtained an absolute discharge.
In accordance with paperwork from the group’s attorneys, Narain was solely part of the Sign chat group for eight hours. Khan says the group was shaped to debate “three days of motion for Palestine,” however the listing of 10 arrestees was “bizarre or incomplete” and she or he doesn’t know the way police collated it.
Most of the accused have been concerned with the advocacy group No One Is Unlawful Toronto. Narain and Khan say they didn’t know the entire arrestees effectively. They imagine the one actual connection was that they have been all protesters.
There have been additionally a number of errors within the arrests, in line with their attorneys. They are saying police broke down the door of an deal with one accused hadn’t lived in for years and gadgets exterior the parameters of police warrants have been searched. Many say police didn’t announce themselves at their door. A number of of the group say their Constitution rights have been violated.
Khan, who works for CUPE Native 3903, says she was awoken at about 5 a.m. to police in her bed room, some in plain garments.
“I believed there have been burglars, or as if they have been the gang members who discovered the unsuitable home,” Khan says.
“My neighbor referred to as the police on the police, pondering this was some type of break in. I used to be simply scared. I simply mentioned ‘please don’t damage me’.”
Khan says police took images of pages out of a private diary from 2022. Narain says her accomplice’s automobile was searched, which police didn’t have a warrant for. Narain says police watched her go to the bathroom, and needed to “ask them for privateness to wipe myself.”
After police launched their names and costs in an announcement, Narain and Khan say they have been subjected to a vicious backlash, together with racist and sexist messages and emails and derogatory feedback about their appearances.
“I used to be distraught. It actually broke my coronary heart. You already know, I simply thought, ‘Wow, that is every thing I’m in opposition to.’ And also you’re saying that that is who I’m, ?” Narain says.
Attorneys additionally alleged police misconduct after the warrant for Toomey’s arrest, obtained by World Information, confirmed evening arrest was disallowed and different requests for gadgets to be searched have been crossed out or had restrictions imposed on them. A number of requests have been crossed out as “too obscure” and one other was scratched as a “potential Constitution breach.”
Nevertheless, when police arrested the remaining 10 accused, it was with an evening warrant granted from a unique justice of the peace, with out restrictions. Attorneys say police had an obligation to reveal prior warrant restrictions. The group additionally argued that police ignored particular timelines the warrant dictated for searches for Toomey’s telephone, which, they are saying, helped them arrest the remaining 10 individuals.
Toronto police wouldn’t reply any questions in relation to the nighttime raids, allegations from the accused, the listing of arrestees or concerning the warrants.
‘Legal behaviour…has penalties’
There was no cheering from assembled supporters of the so-called ‘Indigo 11’ as costs have been withdrawn in opposition to Narain and two others on Thursday. As a substitute, it was a muted shuffle out of the courtroom chambers after Choose Rondinelli reserved judgement in two of the instances — Scott’s and Schussler’s — for sentencing, which was anticipated to be handed down on the identical day. A deliberate triumphant press convention was scaled again.
Khan mentioned the bookstore defacement ought to by no means have been thought of a criminal offense, and that it was a “complete misrepresentation” that Reisman was focused particularly for being Jewish, that they have been protesting in opposition to HESEG.
Each Narain and Khan acknowledged that the ordeal wouldn’t cease them from protesting. They have been additionally contemplating launching authorized motion in opposition to the police.
“I don’t discover postering an act of vandalism, it’s a type of protest speech and free speech,” Khan says.
“It’s not public or non-public property vandalism or harm [if] an organization is engaged in practices which can be harming individuals.”
Toronto police, nevertheless, disagree. Taking Thursday’s listening to and responsible pleas as a triumph, spokesperson Stephanie Sayer mentioned: “Acts of vandalism and focused intimidation aren’t protected types of expression; they’re felony offences which have actual and lasting impacts on our communities.”
“As we speak’s consequence sends a transparent message: felony behaviour—no matter motive—has penalties.”
Professor Ryder, nevertheless, believes the courtroom’s determination is acceptable — that vandalism ought to be rightly thought of a criminal offense, however the nighttime raids and slew of felony costs have been a transparent instance of “police overreach.”
“The police response from the outset appeared disproportionate provided that what we’re coping with is the suitable to protest. And vandalism…ought to be the topic of mischief costs, but additionally the police ought to present some restraint provided that the protesters are exercising their proper to interact in political expression on one of the essential problems with our time,” Ryder says.
He says pro-Palestinian protests in Canada, and within the Western world, have been usually handled in an analogous manner, which must be rigorously thought of.
“We have to assume very rigorously about why is it that we’re seeing such heavy-handed police responses to pro-Palestinian protest,” he mentioned, “and what can we do to make sure that our establishments are approaching these points in a extra balanced and nuanced manner.”
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