For the reasons that follow, I would allow the appeal and set
aside the order below.
 The appellant is a lawyer. He was member of the New York
State Bar from 1992 to 2016, and has been a member of the Law
Society of Ontario since 2004. At the end of 2015, the appellant
retired from private practice to further pursue independent journalism, provide pro bono legal services in human rights matters
and engage in other activities.
 The appellant is an advocate for human rights. He publicly
criticizes a range of states and governments for human rights violations, including Saudi Arabia, Egypt, the United States, Canada
and Israel. The appellant advocates for Palestinian rights, and
has criticized certain actions taken by Israel.
 The respondent, B’nai Brith Canada, is an independent,
charitable organization involved in human rights and advocacy
initiatives. It describes itself as the primary grassroots voice for
the Canadian Jewish community. It is dedicated to combating
anti-Semitism and racism. The respondent intervenes in courts
on issues that it views as important to Canadians, and it publishes
articles, press releases and studies on topics that it views as being
of interest to the Canadian public.
 In the 2015 federal election, the appellant ran as a candidate for the Green Party of Canada. Despite not securing a seat in
Parliament, in early 2016, the appellant was invited by the Green
Party’s leader, Elizabeth May, to become the justice critic in her
shadow cabinet. He took on this role in March 2016.
 In April and May of 2016, the appellant visited Israel to
meet with and interview Eritrean refugees connected to a legal
case (otherwise unrelated to this appeal). During his visit, the
appellant met with Mr. Muhammad Alayan, a lawyer and author
in East Jerusalem who wanted to discuss a human rights matter.
On April 30, 2016, the two met in the lobby of the appellant’s
hotel for two hours. During their interaction, Mr. Alayan told
appellant the following:
— One of his children, Bahaa Alayan, had been a political activist
in East Jerusalem.
— To draw attention to the plight of Palestinians, Bahaa and
fellow activists formed the largest ever human reading chain
around the walls of Jerusalem’s Old City.
— After the peaceful reading chain, Bahaa had been repeatedly
questioned and harassed by Israeli intelligence officials.