Veteran teacher was dismissed after classroom discussion
Jim McMurtry taught in British Columbia public schools for nearly 30 years and also served in senior educational leadership roles internationally. Throughout his career, he was never the subject of disciplinary action.
That changed on May 31, 2021, while working as a substitute teacher in a Grade 12 calculus class. Following a school announcement concerning the reported discovery of unmarked graves at the former Kamloops Indian Residential School, Mr. McMurtry led a classroom discussion with his students.
During the discussion, he raised questions about historical facts, the terminology being used before any investigation had been completed, and other documented causes of death at residential schools. School administrators removed him from the classroom that day, suspended him the following day, and terminated his employment for cause in February 2023.
Union declined to pursue dismissal grievance
Following his dismissal, the British Columbia Teachers’ Federation filed a grievance on Mr. McMurtry’s behalf but ultimately declined to take the matter to arbitration.
Mr. McMurtry challenged that decision before the British Columbia Labour Relations Board, arguing that his union had failed to fairly represent him. The Board upheld the union’s decision not to proceed.
Judicial review raised broader Charter questions
Lawyers funded by the Justice Centre filed a petition for judicial review in the Supreme Court of British Columbia on Mr. McMurtry’s behalf.
The petition argues that because the Labour Relations Code gives unions exclusive control over the grievance process, government employees may be prevented from obtaining a remedy for alleged violations of their Charter rights when a union declines to advance a grievance.
The petition asks the Court to recognize that a union’s duty of fair representation must include consideration of the Charter rights at stake when deciding whether to proceed with a grievance.
Constitutional lawyer Hatim Kheir said, “This case raises an important constitutional question affecting thousands of unionized government employees across Canada. For our constitutional rights to be meaningful, we must also be able to obtain a remedy. Under the status quo, Canadians who work for government institutions may be thwarted in seeking relief for violations of their rights if their unions decide not to take the case.”
Teacher sought to restore constitutional protections
Mr. McMurtry said, “I was removed from teaching for speaking truthfully about residential schools, but in this David and Goliath fight against powerful institutions, I needed legal support and am deeply grateful to the Justice Centre for coming to the aid of a teacher buffeted by winds of intolerance.”
Matter ongoing
The judicial review remains before the Supreme Court of British Columbia. The parties are to obtain the Labour Relations Board’s record of proceedings and exchange affidavits before the matter is scheduled for hearing.
