VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have filed a petition for judicial review in the Supreme Court of British Columbia on behalf of former high school teacher Jim McMurtry. The petition asks the Court to review a Labour Relations Board decision after Mr. McMurtry’s union declined to challenge his dismissal, arguing that the Board failed to consider his Charter right to freedom of expression.
Mr. 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, when he led a classroom discussion after a school announcement concerning the reported discovery of unmarked graves at the former Kamloops Indian Residential School.
During the class discussion, Mr. McMurtry raised questions about historical facts, the terminology being used before any investigation had been completed, and other causes of death documented at residential schools. School administrators removed him from the classroom that day, suspended him the following day, and in February 2023 terminated his employment for cause.
The British Columbia Teachers’ Federation declined to take Mr. McMurtry’s dismissal grievance to arbitration. After the Labour Relations Board upheld that decision, lawyers funded by the Justice Centre filed a petition for judicial review in the Supreme Court of British Columbia.
The petition argues that because the Labour Relations Code gives unions exclusive control over the grievance process, a government employee may be prevented from obtaining a remedy for an alleged violation of Charter rights if the union declines to advance the case. Mr. McMurtry 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.
“This case raises an important constitutional question affecting thousands of unionized government employees across Canada,” said constitutional lawyer Hatim Kheir.
He continued, “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.”
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.”
The next step in the proceeding is for the parties to obtain the Labour Relations Board’s record of proceedings and exchange affidavits before the matter is scheduled for hearing.
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
