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TORONTO – Canadian Constitution Foundation Counsel Josh Dehaas has written to Victoria Fire Department Chief Daniel Atkinson imploring him to revoke the suspension without pay of firefighter Josh Montgomery for exercising his constitutionally-protected right to freedom of expression by writing a letter to Premier David Eby.

Montgomery’s July 17 letter published by CHEK News raised good-faith concerns about plans to relocate a drug consumption site and homeless hub to a residential neighbourhood not far from where his young daughters play.

Although municipal employees such as Mr. Montgomery have a limited duty of loyalty to their employers, the case law is clear that public employers are legally required to balance that duty with the right to freedom of expression protected under section 2(b) of the Charter.

“Many people believe that government employees leave their free speech rights at the door but that’s not correct,” said Dehaas. “Public sector employees must be careful not to disparage their employers but they have a protected right to speak out on public policy, especially where public safety is at risk.”

The CCF would strongly consider assisting Mr. Montgomery if his suspension is not quickly overturned.

You can read the letter in full here.