Kempling v. College of Teachers – a justifiable restraint of speech
The B.C. Court of Appeal has ruled in a unanimous decision that the College of Teachers was justified in disciplining Quesnel high school teacher and student counselor for anti-homosexual statements he made in letters published in the local newspaper. Mr. Kempling had argued that the College unjustifiably violated his rights of free speech by disciplining him for off duty public comments. The Court found that two of his statements in particular “demonstrated that Mr. Kempling is committed to fulfilling his public and professional duties in an intolerant and discriminatory manner.” In its decision, the Court adopted the BCCLA argument (www.bccla.org/othercontent/04kemplingappeal.pdf) that free speech for teachers is limited by their professional duty to ensure a discrimination free environment. The Association was represented by Elliott Myers, Q.C. of Bull Housser Tupper.
Audit of Police Complaints Process

B.C. Solicitor General Rich Coleman has appointed retired Alberta provincial court judge Ben Casson to audit the Vancouver Police Department’s internal investigation procedures as well as other departments in the province. This appointment comes on the heels of B.C. Police Complaint Commissioner Dirk Ryneveld, Q.C. recommending that such an audit take place as part of his response to Vancouver Chief Constable Jamie Graham’s decision regarding police complaints made by PIVOT about Vancouver police officers.

The BCCLA has been urging a province wide audit of the internal investigation process for almost two years (www.bccla.org/othercontent/05auditproposal.htm). We have been appointed to sit on an advisory committee to Mr. Casson, and we will take steps to ensure that the audit will yield empirically valid results that can be the basis for any legislative change.
Security Certificates/Day Without Torture
On June 8, 2005, the BCCLA engaged in a public protest in 24 Hours Without Torture.  The protest featured our newly minted Board member, Tom Sandborn, hooded and shackled in a mock-up jail cell.  The event attracted significant media attention to the cause of Security Certificate reform and the case of Mahar Arar, the Syrian-born Canadian who was deported by the US to face torture, apparently with the complicity of Canadian officials.  Special thanks to all the volunteers who contributed to making the event a success, including Chris Pollon, Spencer Herbert, Calvin Woida, Rachel Watson, Joe Paulin, Mary McDonald, Conrad Hadland, Tim Christie, Alan Rowan and Murray Mollard. 
No-Fly Lists

The Association recently held a press conference to denounce the development of a no-fly list for Canada.  The U.S. no-fly list system requires plane passengers to be vetted against watchlists with people who are flagged being either denied boarding or subjected to increased levels of scrutiny before being allowed to board.  The U.S. system is so notoriously fallible that it has not resulted in the apprehension of a single terrorist, but has managed to flag tens of thousands of innocent travelers, most famously several members of the U.S. Senate and Congress.  In addition to the ludicrous rates of “false positives”, the system has also been soundly criticized for reliance on racial, religious and political profiling.  

The U.S. has recently threatened to impose its no-fly list on Canadian domestic flights that cross over into U.S. airspace (which is most Canadian flights).  We are concerned that the Minister of Transport is going to oppose this measure by promising to speed the development of our own no-fly list system.  We have called on the government to hold national-wide public consultations about this issue and other matters that have been negotiated behind closes doors as part of the “Smart Border Declaration” (www.bccla.org/othercontent.05nofly.html).
Vancouver Police Agree to Post their Regulation and Procedure Manual

At the urging of the BCCLA, the VPD agreed to post their Regulation and Procedure Manual on their website.  The Association has consistently maintained that the Vancouver Police Department should be proactive in giving the public access to important policy documents like their Regulation and Procedures Manual. 

We received a copy of that manual after an excruciatingly long process under the Freedom of Information and Protection of Privacy Act but our plans to provide broader access to the manual were stymied by VPD claims that the manual is subject to copyright protection.  So, we are very pleased that the VPD has agreed to post the manual on its website.  We applaud the department for taking a leadership role in proactive access and we are in the process of the making the same request of other police departments.  

Fundraiser Wanted

The Association is hiring a fundraiser to help ensure the long-term financial stability of the BCCLA.  If you are a qualified, high-calibre fundraiser looking for work or know someone who is, please contact the BCCLA office at 604-687-3013 or check the website at www.bccla.org for details.