Chris Kempling

Christopher S. M. Kempling is a teacher at a high school in Quesnel, British Columbia, who was suspended without pay for writing, on his own time, letters to the editor of a local newspaper, the Quesnel Cariboo Observer, critical of the British Columbia Teachers' Federation (BCTF). Kempling criticized the BCTF for promoting what he considered to be a pro-LGBT agenda for the school curriculum. Kempling's suspension, upheld by the courts, is an example of how gay rights in Canada have expanded and can conflict with freedom of expression and religious freedom in Canada. "A hard lesson in free speech: B.C. teacher taken to task for airing same-sex marriage views", Calgary Herald, 10 April 2005

The BCTF is the province-wide union that Kempling must be a member of in order to teach in a public school in British Columbia. As such, Kempling was publicly critizing his own union in the letters to the editor. Kempling's original letters, written in the time period 1997 to 2000, objected to the BCTF distributing teaching-aid literatureBCTF's current related website "Homophobia and Heterosexism Action Group" URL accessed on April 21 2006, which discusses their approach to "social justice activism" regarding LGBT issues produced by the "Gay and Lesbian Educators of BC."Gay and Lesbian Educators of BC current website To make his points, he cited various studies that he interprets as showing harm caused by the "homosexual lifestyle".BC Court of Appeal June 13 2005 Decision URL accessed on April 21 2006

Kempling was cited in the Spring of 2001 for professional misconduct by the British Columbia College of Teachers (BCCT), a body that regulates teachers in British Columbia. A year later, the citation was heard by a Hearing Panel of the Disciplinary Committee of the BCCT. The BCCT's position was that a teacher holds a position of trust, confidence and responsibility, and his letters may lead to confidence issues for the teacher and school and disrupt the education system.

Kempling's suspension was completed and he returned to work at the school. Subsequent to the initial letters, Kempling has also expressed his views in a CBC Radio interview, which resulted in a reprimand by the District Principal – Operations.BC Human Rights Tribunal November 14 2005 Decision URL accessed on April 21 2006 He also ran unsuccessfully as the Christian Heritage Party of Canada candidate in the Cariboo—Prince George riding during the Canadian federal election, 2006.

Alleged rights violations

In speeches, on the radio, and in seeking to assert his rights in courts and tribunals, Kempling's main points are that his treatment was a violation of his freedom of expression rights because he wrote the letters on his own time, he was expressing common social conservative opinions, and there were no complaints to the school or the BCCT from the public prior to the disciplinary action. He also said that it was a violation of his religious freedom rights as Kempling's views are based on his Christian beliefs.Letters written by Kempling hosted by the British Columbia Parents and Teachers for Life website. URL accessed on April 21 2006. He has stated that he is not homophobic and has "yet to meet a gay person with whom I do not get along."May 12 2003 Speech made by Kempling to the citizens of Quesnel. URL accessed on April 21 2006.

The Canadian Charter of Rights explicitly protects both the freedom of expression and religious rights as fundamental freedoms. In 1995, the Supreme Court of Canada ruled that "sexual orientation" should be 'read in' to the section covering equality rights.

Kempling appealed to the courts to over-turn his suspension. The Supreme Court of British Columbia and the British Columbia Court of Appeal both upheld the BCCT disciplinary action. The BC Civil Liberties Association and the BC Public School Employers Association both intervened against Kempling in the Court of Appeal case."Civil liberties group tells court teacher `must constrain his public utterances'", Canadian Press, 24 April 2005 The BC Human Rights Tribunal denied his complaint in November, 2005. The Supreme Court of Canada decided in January, 2006, that they will not hear the case at this time."Supreme Court rejects teacher's appeal over homosexuality issue", Calgary Herald, 29 January 2006

In a press release issued after failing to make progress at the Supreme Court of Canada, Kempling stated "It is my intention to keep on fighting by filing a formal complaint with the United Nations Commission on Human Rights. While that won't affect today's court decision, it may embarrass Canada into reviewing its alleged commitment to free speech rights for religious minorities."Christian Heritage Party January 27 2006 Press Release URL accessed on April 21 2006

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Alleged rights violations

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