Hearings for a Charter challenge led by pro-Palestinian protesters who were arrested at a sit-in downtown Montreal began this week in what a lawyer says will be a pivotal case for freedom to protest in Quebec.
Montreal police arrested 44 people who were protesting inside of a Scotiabank branch on Sherbrooke Street to demand the bank divest from Israeli weapons manufacturer Elbit Systems Ltd. in April 2024. The protesters claimed Scotiabank was “aiding and abetting war crimes, crimes against humanity and genocide” of people in Gaza.
Charges were later dropped for 30 people who agreed to either do community service or pay a fine.
Barbara Bedont, a lawyer representing the protesters leading the Charter challenge, says her clients were unlawfully detained and police did not read them their rights.
She says police violated the protesters’ right to protest, peaceful assembly and freedom of expression, as well as their detention rights.
“They weren’t even treated with dignity. They were detained for many, many hours and they were not allowed to go to the toilet. They weren’t allowed to drink water. So this is not the way that we should treat peaceful demonstrators,” said Bedont.
Footage of the sit-in was shown at the Montreal municipal court on Tuesday. The protesters were seen sitting on the floor, throwing flyers around the bank’s lobby and chanting slogans. Within minutes, the bank manager and security asked clients in the room to leave before locking the door and calling police.
Protesters were then arrested en masse at the scene.
The sit-in was part of a wider day of action from pro-Palestinian activists around the world.
The bank faced criticism for the investment, including high-profile protests at the Giller Prize it used to sponsor, because of Elbit’s role in supplying military equipment for the war in Gaza.
While the Charter challenge is ongoing, dates for trial on the mischief charges have not yet been set. However, the Crown was allowed to present its arguments during the first week of 15 days of hearings.
The proceedings started on Monday, where footage of a journalist being arrested was shown.
The Crown then called Luciano Barufa, a manager at the targeted Scotiabank branch, to testify on Tuesday. He answered basic questions about the layout of the offices and authenticated the video footage before the court recessed for lunch.
Bedont then cross-examined Barufa, who admitted he did not follow Scotiabank’s policy on handling protesters when he locked them inside and called the police without first asking the demonstrators to leave the premises.
He confirmed the protesters did not threaten people inside the bank and did not damage property. He said they only sat on the floor while singing and chanting loudly.
Bedont said she is concerned that the Crown chose to press mischief charges when “it’s pretty clear that they did not commit any crime.” She added that sit-ins are not illegal.
Harar Hall, one of the protesters who was arrested, believes they and their fellow protesters were treated harshly because of their political views.
“We would not have faced this treatment from the police, from the bank, from institutions, if we were not pro-Palestinian protesters,” said Hall.
Regulatory filings show that Scotiabank’s 1832 Asset Management has sold its remaining holdings in Elbit Systems.
Felix Bradley, who was also arrested at the sit-in, says it “goes to show that they actually agree with the reason for our sit-in.”
“We feel that it’s ironic, to say the least, that we are still being criminally charged for that sit-in,” Bradley added. “We really want to draw attention to this so that more Canadians can be informed and then that more Canadians can exercise their right to protest.”
Bedont said her clients have been stressed as the legal proceedings have gone on for two years. They have had to put plans on hold, including travel and job applications, while also dealing with the legal costs.
The Crown and the City of Montreal declined to comment as the legal proceedings are ongoing.
Montreal police did not respond to a request for comment.
This report by The Canadian Press was first published April 14, 2026.
— With files from Charlotte Glorieux
By Erika Morris | Copyright 2026, The Canadian Press. All rights reserved.