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Tuesday, May 4, 2010

Turning the Other Cheek

It is probably safe to say that not many Canadians can quote any or all the Canadian Charter of Rights and Freedoms. Many just assume that we have rights under the law, but other than a clumsy attempt at quoting an American Bill of Rights as provided by Hollywood, in a drunken stupor before a uniform holding a tube to blow in, many are ignorant of this important piece of Canadian legislation.

We all want to live in Canada and do so in the pursuit of prosperity, and freedom from fear, discrimination and loathing. In fact, not a day goes by when we step out the door and head off to work, that many subconsciously are on the vigil ready to defend ourselves from opposing viewpoints, lifestyles and opinions. For the most part, we do live in a country where we are free from judgment by our neighbours, employers and fellow workers. Yet, we still hear about fellow Canadians not enjoying the freedoms and rights that we are so blithely ignorant of.

I am a believer in the separation of church and state, however our Charter of Rights and Freedoms very much agree with principals found in biblical teachings as spelled out in the Bible. Those such as love your neighbours, feed your enemies and judge not or you shall be judged, and of course when struck, turn the other cheek. All teachings that fundamentally point to the more legal groundings found in law.

Yet, last week in Vancouver the Little Flower Academy, a Catholic High School for Girls, found themselves in a position where they asked a music teacher to stay home and complete her assignments away from the school, effectively dismissing the teacher. Lisa Reimer, who hadn't disclosed to the school prior to her commencing employment that she is a homosexual agreed to respect the Catholic schools faith. It was reported that Lisa was granted three weeks leave as a result of her partner giving birth to a child. While on leave, the school decided to address the situation and have Lisa stay home in fear that she would share her experiences with the students. “Its not like a mob of people showed up demanding things be done. We're just conducting ourselves within the tenets of the Catholic faith,” was the comment from the chairman of the school boards directors.

Our Charter clearly spells out that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination. Our fundamental freedoms state that we have freedom of conscience and religion; freedom of thought, belief, opinion and expression; freedom of peaceful assembly; and freedom of association.

Freedoms are wonderful when they are protecting you but when we have opposing beliefs and lifestyles the Charter can be conflicting. In the schools position they can claim that they are acting in accordance with the freedom of religious beliefs. Those beliefs being that the Catholic church does not condone homosexuality so they are enforcing their stance on Reimer. In Reimer's case, her lifestyle is also protected under the Charter, and it can be effectively argued that her personal choices are not privy to the policies of her employer, and as long as she separates the two, no conflict should arise.

The real interesting development in this matter is that Reimer has chosen to turn the other cheek, and has stated that she will “let this unfold” and not launch a humans rights complaint against the school.

The situation Lisa Reimer finds herself in is one good example of what our Charter of Rights and Freedoms was designed to prevent in Canada. The persecution from an employer where the lifestyle of the employee is in opposition with the lifestyle choices of the employer. The real question would be, is whether the employee is doing a good and proper job, or was there a performance reason for dismissing the teacher. Because if that was the reason for this action, one would expect the school to show cause for dismissal.

Similar occurrences outside of Canada in relation to homosexuals on the school systems have also occurred in the last year. In Mississippi a Ceara Sturgis' photograph was excluded from the school year book because she wanted her grad picture taken in a tuxedo.  In the same state, a school district called off the senior prom when it was learned that two lesbian students were planning to come to the dance escorting each other.

For the majority, homosexuality is a hard pill to swallow and in the cases where a perception arises that their lifestyle will adversely influence others around them, those in authority such as managers, and administrators need to understand the fundamental rights afforded each person living in this country. In the case of the Little Flower Academy in Vancouver, I believe the proper action would have been to allow her to return after her leave and teach. Because nowhere in the school responses was their any indication that Reimer could not teach music or was not doing her job. It will be interesting to watch this institution’s response to Reimer ‘turning the other cheek.’  

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