cover image: Josh Dehaas

Josh Dehaas

16 Aug 2024

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.

Authors

Joshua Dehaas

Pages
2
Published in
Canada

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