City of Toronto Withdraws Discrimination Allegation Against Foodbenders, Concedes Failure
FOR IMMEDIATE RELEASE
April 3, 2023
Today, the City of Toronto has withdrawn its discrimination appeal against Foodbenders, an eatery that served up both meals and solidarity with the Palestinian cause. In submissions before a judge of the Ontario Criminal Court, the City conceded that it had failed to show that Foodbenders engaged in discrimination against two Jewish customers when the eatery’s owner expressed support for Palestinian rights.
“It is an absolute disgrace that the Crown allowed this allegation to proceed to trial. There was clearly no case there, but that didn’t seem to matter to them." said Stephen Ellis, lawyer for Foodbenders. “With developments today, the City’s vindictive campaign against Foodbenders is finally over.”
The City of Toronto brought charges against Foodbenders in the summer of 2020 alleging that Gordon Arbess, a local doctor, was discriminated against due to Foodbenders’ support of Palestinian rights. On November 15, 2021, a provincial offences trial court ruled that Foodbenders had not contravened anti-discrimination provisions of the Municipal Code.
Ms. Hawkins has been the victim of harassment, vandalism, physical threats and defamation by pro-Israel organizations since she began to openly show support to the Palestinian people in November 2019. Pro-Israel organizations continue campaigning against Foodbenders on other fronts, including two baseless complaints that remain before the Human Rights Tribunal of Ontario.
“Pro-Israel groups pushed hard to concoct a discrimination scenario at the restaurant. Thankfully, it did not succeed,” said Kimberly Hawkins, owner of Foodbenders. “The campaigns against me began because I support human rights for Palestinians and for no other reason.”
Lawyers with the newly formed Legal Centre for Palestine (“LCP”) have been assisting Foodbenders in its campaign for free speech on Palestine since the summer of 2020.
For more information contact Stephen Ellis at 647 869 7651
To better understand the background to this case, consider reading this legal analysis by the Centre.
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