Canadian pluralism will fail if the law is not equally enforced

Several explanations are often offered, none fully satisfactory. Some allege ideological sympathy within institutions themselves; others point to political caution, fear of reputational harm, or simple bureaucratic inertia. Public claims of antisemitism within the TPS, which have been circulated by activists and former officers, are serious and should not be dismissed lightly. But they also remain contested and difficult to verify. Whether or not such claims are accurate is, in a sense, beside the point. What matters is not the inner convictions of individual officers, but the pattern of institutional failure that has emerged. After more than two years of repeated incidents targeting Jewish schools, synagogues, and neighbourhoods, it is implausible that no clear internal position has been formed within the TPS about how to handle the protests. Given the prevalence of attacks on Jewish schools, synagogues, and neighbourhoods over the last 28 months, it’s hardly credible that the matter of an institutional position vis-à-vis the protests hasn’t come up for repeated discussion, and decisions about how to handle these incidents haven’t been made. Seemingly, the decision has been to stand down. We can’t know for certain whether this enforcement failure stems from ideological sympathy, political calculation, fear of being labeled Islamophobic, resource constraints, or simple institutional incompetence. What is clear is that the TPS in particular has evinced a complete lack of institutional willingness to act. What we do know is that the failure is real, repeated, and eroding public trust in the rule of law. As always, the problem becomes clearer when the double standards at play are laid bare. Would truckers blocking the 401 receive coffee deliveries? Would counter-protesters targeting Muslim neighbourhoods, or anti-immigration activists targeting Sikh communities be told their conduct is “hurtful but not criminal”? Would charges against those disrupting a literary prize for Palestinian voices be routinely withdrawn?1The question isn’t hypothetical—we have answers from recent history. The Freedom Convoy faced financial asset freezing, arrests, and sustained prosecution. While pro-Palestinian protests have regularly used loudspeakers to blare their often literal support for Hamas, Antifa activists were recently—and rightfully—told to shut off music in accordance with noise bylaws. The enforcement gap isn’t about the law being unclear, it’s about the law being applied differently. This crisis is a stress test that Canadian pluralism is failing. The implicit bargain of Canadian postmodern multiculturalism promised that you can bring your differences to Canada in exchange for submitting to common civic rules. When institutions refuse to enforce those rules, the bargain collapses. What to do about it Here are a few concrete prescriptions: First, Jewish community organizations or other groups with a relevant mandate should file a request under the Freedom of Information Act demanding TPS disclose all operational directives, Crown legal advice, and internal communications regarding protest policing since October 7, 2023. If the “standoff approach” exists, let’s see it in writing. If Crown prosecutors have advised that blockading Yonge and Bloor for protests isn’t criminal conduct, let’s see their reasoning. Second, the principle of police operational independence exists to prevent political interference in individual cases. It was never meant to prevent democratic oversight of policing patterns. Provincial and municipal governments should issue clear policy directives about enforcement priorities and acceptable conduct at protests. If police say they need clearer direction, give it to them in writing and make it public. Finally, Chief Demkiw mentioned $42 million spent on policing these protests. The public is thus owed transparent reporting on costs versus outcomes. If millions are spent “managing” protests that face no consequences (and in fact have led to arrests of peaceful counter-protestors like Ezra Levant and MLA Dominic Cardy), taxpayers deserve to know they’re funding theatre rather than enforcement.