A Jewish law professor has lost her attempt to challenge Toronto Metropolitan University’s (TMU) decision regarding an open letter signed by students. The letter, which was released shortly after the Hamas attacks on October 7, 2023, was criticized by Sarah Morgenthau, who argued that it condoned violence against Jews and denied Israel's right to exist.

Morgenthau took her case to Ontario’s Superior Court of Justice after an external review, led by retired judge Michael MacDonald, concluded that the students should not face disciplinary action. The court's three-judge panel noted that Morgenthau viewed the letter as antisemitic. The letter was authored by a group called the Abolitionist Organizing Collective and characterized Israel as an "apartheid state" while also referring to Hamas's actions as "recent war crimes."

The letter called for TMU's administration to demand that the Canadian government take specific actions, including an immediate ceasefire. It also described Palestinian resistance as a "fundamentally just" means of survival. Morgenthau expressed concern that the letter incited violent rhetoric against the Jewish community, particularly because the signatories were law students.

In a decision dated September 4, Justice Karen Jensen stated that it was not appropriate for the court to intervene in TMU's resolution process, which aimed to address the concerns of the entire university community. Jensen emphasized that the external review process was aligned with TMU’s values and its approach to conflict resolution.

Morgenthau, who was an adjunct professor at TMU’s Lincoln Alexander School of Law, filed a formal complaint under the university’s Student Code of Non-Academic Conduct and the Discrimination and Harassment Prevention Policy after the letter was circulated. Following the complaint, TMU appointed MacDonald to conduct an independent review of the letter and related events.

MacDonald released his findings in late May 2024, stating that none of the students involved had breached the Student Code of Conduct. He acknowledged that while the letter was troubling and offensive to many, the students' participation was a valid exercise of free expression. MacDonald highlighted that the principles of freedom of expression allow students to engage in advocacy, noting that the standard for such expression is not perfection.