A petition for judicial review has been filed on behalf of a former high school teacher who says he was wrongfully fired in relation to a classroom discussion in Abbotsford about residential schools.
The Justice Centre for Constitutional Freedoms stated in a press release on Tuesday (July 28) that the petition is asking the Supreme Court of B.C. to review a decision of the Labour Relations Board (LRB) after Jim McMurtry’s union – the B.C Teachers’ Federation – declined to challenge his 2021 dismissal.
The LRB failed to consider McMurtry’s right to freedom of expression under the Canadian Charter of Rights and Freedoms, the Justice Centre states.
The petition states that McMurtry, who began teaching almost 40 years ago, was working as a substitute teacher at an Abbotsford school on May 31, 2021 when the principal made a school-wide announcement about unmarked graves having been discovered at the Kamloops Residential School.
“The announcement gave condolences and asked staff to talk with students if they wished to discuss the matter,” the court documents state.
“In response to the announcement, Mr. McMurtry believed that he had been tasked with facilitating an in-class discussion on the matter.”
The petition states that during the discussion that ensued, McMurtry sought to clarify who ran residential schools in B.C. between 1883 and 1996 and asked the students to consider whether the term “mass murder” should be used when no investigation had yet been completed.
“He also spoke about other historical causes of death among students in residential schools, including disease, fire, accidents and, in some cases, neglect,” the petition states.
“Mr. McMurtry agreed with students that forced cultural assimilation took place at residential schools, and that that was a crime.
“Mr. McMurtry then attempted to end the discussion on a positive note, calling students’ attention to the fact that in 1865, the child mortality rate was one-third; today it is 1.4 per cent. He then invited them to not be complacent but work towards a better world.”
The documents indicate that, later that day, McMurtry was walked out of the classroom by school administrators. The following day, he was suspended pending an investigation.
He was then terminated on Feb. 23, 2023.
The court petition states McMurtry was fired not only for the comments made to students during the discussion about residential schools, but also based on allegations that he had committed other acts of misconduct.
The allegations included that he failed to follow COVID-19 safety protocols, made a disrespectful comment to the school principal and disclosed to others that he was under investigation. McMurtry disputes the accusations.
The BCTF later declined to take McMurtry’s dismissal grievance to arbitration, and the LRB upheld the decision.
The press release from the Justice Centre states that McMurtry is now asking 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.”
McMurtry said he 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,” he said.
The matter has not yet been scheduled for a hearing.
The Abbotsford News has reached out to the Abbotsford school district for comment.