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Kempling and BC College of Teachers

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The case at bar is one of competing rights and interests. Mr. Kempling has an interest in speaking his mind on the issue of homosexuality and his religious views. This interest is constitutionally protected is ss. 2(a) and (b), and perhaps s. 15, of the Charter. He has another interest in being able to work in his chosen profession; this interest enjoys no direct constitutional protection. On the other side of the ledger, gay, lesbian and bisexual students have a right under s. 15 of the Charter to an education system that is free from discrimination and respectful of their dignity. All students, hetero- or homosexual, enjoy non-constitutional statutory rights to an environment tolerant of a diversity of sexual orientation and one which inculcates these values as the highest moral principles.