A
Montreal high-school teacher was fired last Thursday, June
14th, after showing his class the violent crime
committed and filmed by Luka Magnotta, which had
leaked onto the internet. On June 4th, the teacher, who
worked at Cavelier-de-Lasalle high-school, was urged by his
grade-ten students to show the video. After holding a class vote,
which was unanimously in favour of watching it, he showed the video
and subsequently engaged the class in a one-hour discussion. Once
the vice-principal was informed later that day of what had
transpired, the teacher was immediately suspended with pay.
La Commission Scolaire Marguerite Bourgeoys (CSMB) engaged in a
thorough investigation, taking into account the seriousness of the
action, the impact on the students involved, the human factor, as
well as the standards mandated by the teachers' collective
agreements. According to article
5-7.02 of the collective bargaining agreement between the
teachers' union and the school board,
"a teacher's contract may only be resiliated for one or
more of the following reasons: incapacity, negligence in performing
their duties, insubordination, misconduct or immorality".
In the case at hand, the CSMB felt that the teacher's
actions were inappropriate and offensive, meriting
dismissal.
Now it is up to the teacher and the union to decide whether to
file for grievance. It seems that the students would likely support
such a decision based on their actions over the course of the past
week. Last Thursday, fifteen students took part in a demonstration
in an effort to moderate the severity of the punishment and show
their support for the teacher. As well, a Facebook page was created
for him.
The CSMB's decision raises an interesting debate: in light
of the easy accessibility of the video, should a teacher be
dismissed for showing a video that his students would nonetheless
watch at home?
Interestingly, the
Montreal Police Department claimed that it is possible for the
teacher to face legal consequences for showing the video,
potentially being charged with "offences tending to corrupt
morals" in the Criminal Code.
In collaboration with Zachary Frenkiel, student at Norton
Rose Canada LLP
About Fraser Milner Casgrain LLP (FMC)
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A discussion on a recent decision of the Federal Court of Appeal, which confirms that the central question is, whether the person is performing the services as his own business, on his own account.
Back in July 2012, we covered "PVYW v Comcare" (No 2), [2012] FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales.
Bill 168, the 2010 amendments to the Occupational Health and Safety Act recognized the importance of maintaining workplaces free from violence and harassment and required employers to develop and implement workplace violence and harassment policies.
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