Javier Davila, a well-respected and beloved Toronto educator for 16 years, is taking legal action against pro-Israel lobby group, B'nai Brith Canada and its CEO, Michael Mostyn, under the the Ontario Libel and Slander Act to DEFEND HIS REPUTATION. His legal team includes Dimitri Lascaris and Stephen Ellis .


Davila has also filed with the Human Rights Tribunal of Ontario alleging anti-Palestinian discrimination by association and reprisal for making human rights complaints at the Toronto District School Board. 


PLEASE DONATE AND SHARE.


HELP CLEAR DAVILA's NAME AND STAND FOR ALL WHO SUPPORT PALESTINIAN RIGHTS and SELF-DETERMINATION.


 Background:


Javier Davila has been targeted, harassed, publicly villified, suspended, and investigated multiple times for supporting Palestinian human rights. 


The most recent "incident" occurred after he provided educational resources supporting Palestinian human rights through an opt-in mailout as part of his job as an anti-oppression educator. 


Despite being cleared by multiple investigations, Davila is now facing a fourth and fifth investigation into the same matter by the Ontario College of Teachers and the Toronto Police, as a result of new complaints made by B'NAI BRITH after his re-instatement. Davila risks losing his job, teaching license, and livelihood, and has already experienced extreme damage to his personal and professional reputation as an anti-racist educator, as well as severe harm to his mental health and well-being.


DESPITE BEING CLEARED OF ANY WRONGDOING after two extensive investigations by the Toronto District School Board (TDSB), and a review of the materials as part of an additional investigation by the Integrity Commissioner - which included an independent human rights expert - Javier continues to be accused of "antisemitism", "glorifying terrorism", and "justifying the murder of Israelis" among other baseless and extreme accusations.


Pro-Israel lobby groups along with others, continue to engage in a ramped up smear campaign, which includes, according to B'NAI BRITH, legal appeals over denied FOI requests at the TDSB and a formal complaint to the Ontario College of Teachers for "professional misconduct." In B'NAI BRITH's own words, they are "not giving up in its campaign for consequences" against Davila. Months after making a complaint to the Ontario College of Teachers, B'NAI BRITH took it a step further and made a criminal complaint with Toronto Police Services.


We believe public attempts to silence, punish, and defame supporters of Palestinian human rights are rooted in anti-Palestinian racism and have a chilling effect on Palestinian communities, staff, students and all those who support the Palestinian human right to self-determination.


 ENOUGH IS ENOUGH.  


PLEASE DONATE AND SHARE.


HELP CLEAR DAVILA's NAME AND STAND FOR ALL WHO SUPPORT PALESTINIAN RIGHTS and SELF-DETERMINATION.


 We are asking for donations towards legal, administrative, and human rights advocacy costs to fight these baseless and defamatory accusations, and to stand up to the tactics of censorship, punishment, abuse of process, misuse of investigations, libel, slander and defamation used against educators who engage in Palestine solidarity work and stand for Palestinian human rights.


 Some more information:


Here is the original petition in support of Davila that gained 5000 signatures and contributed to his reinstatement without discipline at the school board: <a href="https://tdsbremoteteachersupportgroup.wpcomstaging.com/475-2/"><a href="https://tdsbremoteteachersupportgroup.wpcomstaging.com/475-2/" target="_blank" class="" rel="nofollow noopener noreferrer">https://tdsbremoteteachersupportgroup.wpcomstaging.com/475-2/</a></a> 


More about Davila's work and praxis, including links to the educational, anti-oppressive resources on Palestinian human rights he shared via an opt-in mailout that he continues to be smeared over: <a href="https://xjusticexpeace.medium.com/courageous-conversations-about-israel-palestine-in-schools-5633fe085ad6"><a href="https://xjusticexpeace.medium.com/courageous-conversations-about-israel-palestine-in-schools-5633fe085ad6" target="_blank" class="" rel="nofollow noopener noreferrer">https://xjusticexpeace.medium.com/courageous-conversations-about-israel-palestine-in-schools-5633fe085ad6</a></a> 


About the TDSB investigation, his re-instatement, and the systemic anti-Palestinian racism faced by Palestinian educators, students, and their supporters in the school board:


1. <a href="https://xjusticexpeace.medium.com/reinstated-without-discipline-ec75b503fbeb"><a href="https://xjusticexpeace.medium.com/reinstated-without-discipline-ec75b503fbeb" target="_blank" class="" rel="nofollow noopener noreferrer">https://xjusticexpeace.medium.com/reinstated-without-discipline-ec75b503fbeb</a></a> 


2. <a href="https://www.washingtonpost.com/opinions/2021/06/01/canada-israel-tdsb-javier-davila-cancel-culture-education-moscrop"><a href="https://www.washingtonpost.com/opinions/2021/06/01/canada-israel-tdsb-javier-davila-cancel-culture-education-moscrop" target="_blank" class="" rel="nofollow noopener noreferrer">https://www.washingtonpost.com/opinions/2021/06/01/canada-israel-tdsb-javier-davila-cancel-culture-education-moscrop</a></a> 


3. <a href="https://www.thestar.com/opinion/star-columnists/2021/06/23/all-of-us-are-very-afraid-tdsb-staffers-describe-culture-of-fear-after-board-suspends-a-student-equity-adviser-who-shared-resources-on-palestinian-human-rights.html"><a href="https://www.thestar.com/opinion/star-columnists/2021/06/23/all-of-us-are-very-afraid-tdsb-staffers-describe-culture-of-fear-after-board-suspends-a-student-equity-adviser-who-shared-resources-on-palestinian-human-rights.html" target="_blank" class="" rel="nofollow noopener noreferrer">https://www.thestar.com/opinion/star-columnists/2021/06/23/all-of-us-are-very-afraid-tdsb-staffers-describe-culture-of-fear-after-board-suspends-a-student-equity-adviser-who-shared-resources-on-palestinian-human-rights.html</a></a> 


4. <a href="https://www.thestar.com/opinion/star-columnists/2021/07/19/tdsb-reinstates-student-equity-adviser-who-shared-resources-on-palestinian-human-rights.html"><a href="https://www.thestar.com/opinion/star-columnists/2021/07/19/tdsb-reinstates-student-equity-adviser-who-shared-resources-on-palestinian-human-rights.html" target="_blank" class="" rel="nofollow noopener noreferrer">https://www.thestar.com/opinion/star-columnists/2021/07/19/tdsb-reinstates-student-equity-adviser-who-shared-resources-on-palestinian-human-rights.html</a></a> 


5. <a href="https://breachmedia.ca/the-toronto-district-school-boards-real-scandal-is-anti-palestinian-racism/"><a href="https://breachmedia.ca/the-toronto-district-school-boards-real-scandal-is-anti-palestinian-racism/" target="_blank" class="" rel="nofollow noopener noreferrer">https://breachmedia.ca/the-toronto-district-school-boards-real-scandal-is-anti-palestinian-racism/</a></a> 


6. <a href="https://www.yeseverything.ca/blog/under-investigation-anti-palestinian-racism-at-the-toronto-district-school-board"><a href="https://www.yeseverything.ca/blog/under-investigation-anti-palestinian-racism-at-the-toronto-district-school-board" target="_blank" class="" rel="nofollow noopener noreferrer">https://www.yeseverything.ca/blog/under-investigation-anti-palestinian-racism-at-the-toronto-district-school-board</a> </a>


7. <a href="https://electronicintifada.net/blogs/nora-barrows-friedman/canadian-teacher-sues-israel-lobby-group"><a href="https://electronicintifada.net/blogs/nora-barrows-friedman/canadian-teacher-sues-israel-lobby-group" target="_blank" class="" rel="nofollow noopener noreferrer">https://electronicintifada.net/blogs/nora-barrows-friedman/canadian-teacher-sues-israel-lobby-group</a></a> 


 


UPDATE (Integrity Commissioner's Report): <a href="https://pub-tdsb.escribemeetings.com/FileStream.ashx?DocumentId=9877"><a href="https://pub-tdsb.escribemeetings.com/FileStream.ashx?DocumentId=9877" target="_blank" class="" rel="nofollow noopener noreferrer">https://pub-tdsb.escribemeetings.com/FileStream.ashx?DocumentId=9877</a></a> 


Recently,<a href="https://pub-tdsb.escribemeetings.com/FileStream.ashx?DocumentId=9877" target="_blank" rel="noreferrer noopener">a public report</a> by the TDSB's Office of the Integrity Commissioner (November 17, 2021), which included findings by an independent human rights legal expert, concluded that a Trustee (who tweeted that Davila's educational, anti-oppressive resources were "virulently anti-Israel and even antisemitic" and "that some of this material justifies suicide bombings and other forms of terrorism" ): "fundamentally mischaracterized materials which were intended to, and do for the most part: (1) center the voices of marginalized Palestinians (particularly those of Palestinian children) as well as Muslims more broadly, and (2) assist educators in understanding and discussing the Palestinian struggle for self-determination and human rights in a manner that provides thoughtful guidance on how one might critique the Israeli government and army without perpetuating anti-Semitism." (Report , p. 30 Emphasis added).


The report finds the trustee's comments violated the TDSB's Human Rights policies and procedures and the Ontario Human Rights Code. The report finds that the trustee's comments engaged in anti-Muslim and anti-Palestinian discrimination, and recommends the trustee's censure. 


After unprecedented political interference, trustees present at a December 8, 2021 board meeting voted to reject to the findings and recommendations of the independent report, a decision that was viewed by many as a blatant disregard of what was intended to be an "independent, transparent, and accountable process." The vote was also seen by many as contrary to the Ontario Human Rights Commission's (OHRC) November 1, 2021 <a href="https://www.ohrc.on.ca/en/news_centre/ohrc-submission-ministry-education-consultation-strengthening-accountability-school-board-trustees" target="_blank" rel="noreferrer noopener">submission to the Ministry of Education</a> requiring that trustee conduct upholds and respects human rights and requiring boards to strengthen the integrity of complaint and investigation processes. 


<a href="https://www.ohrc.on.ca/en/news_centre/ohrc-submission-ministry-education-consultation-strengthening-accountability-school-board-trustees" target="_blank" rel="noreferrer noopener">In this submission the OHRC</a>  has said : "Boards and their trustees must take steps to prevent and respond appropriately to violations of the Code or they may be held “liable” and face monetary penalties or other orders from a tribunal or court."


 


More to come...


 


Follow Javier Davila on Twitter: @XjusticeXpeace

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