I am writing to implore you to revoke the reported one-day suspension without pay of firefighter Josh Montgomery for exercising his constitutionally-protected right to freedom of expression in his July 17 letter to Premier David Eby.1 Montgomery’s letter raised good-faith concerns about plans to relocate a drug consumption site and homeless hub to a “quiet family-oriented residential neighbourhood. [...] Montgomery have a limited duty of loyalty to their employers, public employers such as the Victoria Fire Department are legally required to balance that duty with the right to freedom of expression protected under section 2(b) of the Charter. [...] Chief Justice Dickson said that our democratic system is “deeply rooted in, and thrives on, free and robust public discussion of public issues” and as such “all members of society should be permitted, indeed encouraged, to participate in that discussion.”3 Chief Justice Dickson explained that while public servants cannot engage in “sustained and highly visible attacks on major Government policies,. [...] The Alberta Court of Appeal applied the Supreme Court’s guidance in Fraser to overturn the reprimand of a social services employee who sent a letter that was critical of changes to provincial policy to a member of the opposition.7 The British Columbia Court of Appeal considered Fraser when overturning school board directives that prevented teachers from discussing political issues such class sizes. [...] Justice Barrington-Foote wrote:” Nurses, doctors, lawyers and other professionals are also sisters and brothers, and sons and daughters They are dancers and athletes, coaches and bloggers, and community and political volunteers.
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- Counsel Canadian Constitution Foundation Suite 215 6025 12 Street SE Calgary AB T2H 2K1 1
- Chief Daniel Atkinson Victoria Fire Department 1025 Johnson Street Victoria BC V8V 0G7 1
- August 16 2024 1
- Sent via e-mail from jdehaastheccf.ca to vfdvictoria.ca 1
- Dear Chief Atkinson 1
- I am counsel with the Canadian Constitution Foundation the CCF a national non-partisan charity that defends the rights and freedoms of Canadians through public education communication and litigation. 1
- Chief Justice Dickson offered a number of examples of speech that public employees may engage in without violating their duty of loyalty 1
- Counsel Canadian Constitution Foundation Suite 215 6025 12 Street SE Calgary AB T2H 2K1 2
- These examples all support the conclusion that Mr. Montgomery had a right to express his views publicly. 2
- Other case law from appeals courts also supports this conclusion. 2
- The same general principle applies to firefighters who are not just employees but parents and citizens. 2
- The CCF would strongly consider assisting Mr. Montgomery if his suspension is not quickly overturned. 2
- Sincerely 2
- Josh Dehaas Counsel the CCF 647-385-6064 2