Daphne Bramham: A fight within the conservative family over which rights trump others – Vancouver Sun

Breadcrumb Trail Links

Michael Kennedy, a gay libertarian, is suing the Justice Centre for Constitutional Freedoms for breeching its own stated vision and values.

Author of the article:

Michael Kennedy was a 22, an idealistic, gay libertarian when he went to work for the nascent Justice Centre for Constitutional Freedoms.

This advertisement has not loaded yet, but your article continues below.

Now, hes suing the centre in a novel case, arguing that when an employer does something contrary to an organizations mission and values, it breaks its contract with employees and amounts to constructive dismissal.

The Justice Centre denies Kennedys claims in the lawsuit he filed in Albertas Court of Queens Bench in September.

Its a case without precedent in Canada, according to his lawyer Kathryn Marshall. Thats largely because unlike in the United States there are few think tanks, advocacy groups and other organizations with an ideological mission.

In fact, it was that scarcity that attracted Kennedy to the Justice Centre in 2011 as it was being formed.

He had just completed an internship in the Koch Associates program and a part-time contract at the Foundation for Individual Rights and Education Washington, D.C. protecting free speech on university campuses.

This advertisement has not loaded yet, but your article continues below.

I fell in love with that work and wanted the Justice Centre to be doing that same work, he said. Thats what my vision was and, in the early days (at the Calgary-based Justice Centre), it was our pet issue.

Kennedys sexual orientation was not a secret.

The JCCF founder and president, John Carpay, asked him about it before he hired him.

I was offended to be asked. I had had a taste of conservative movements homophobia but I was disappointed that it came up in the context of a job application, said Kennedy. But I was fresh out of college and desperate to get a job.

Even though by 2011, the Justice Centre had already taken on a case widely seen as anti-LGBTQ, Kennedy said his philosophy aligned with its vision of individual rights taking precedence over collective rights.

This advertisement has not loaded yet, but your article continues below.

It intervened that year at the Supreme Court of Canada, defending Bill Whatcotts right to distribute anti-gay pamphlets. The court disagreed, upheld the tribunals ban and called it hate speech.

Four years later, it lost again at the Supreme Court when it argued that Trinity Western University should not be denied a law school even though students are required to pledge to abstain from sex outside of heterosexual marriages.

Speaking at a Rebel Media event in November 2018, Carpay said the way to defeat totalitarianism was to think about the common characteristics:It doesnt matter whether its a hammer and sickle for communism or whether its the swastika for Nazi Germany or whether its a rainbow flag. The underlying thing is a hostility to individual freedoms.

This advertisement has not loaded yet, but your article continues below.

It was a PR disaster. Kennedy said that, as communications director, hed had nothing to do with it. Still, Carpay asked him to resign.

By September 2019, Kennedy had had enough. He resigned after the JCCF decided to represent the Buffone family at the Ontario Human Rights Tribunal, who believe their daughter was discriminated against on the basis of sex, gender and gender identity. While explaining gender fluidity in class, a teacher is alleged to have said that there are no such things as boys and girls.

According to Kennedys statement of claim, it wasnt just that it was getting directly involved in the kind of tribunal that Carpay had previously called kangaroo courts.

It was also the JCCFs argument.

Kennedys claim says that when he expressed his concern about it feeding into a growing public perception that the Justice Centres Charter-oriented mission is a faade to justify attacking the LGBTQ community, Carpay justified taking the case saying it is a (perhaps the) majorissue of our time.

This advertisement has not loaded yet, but your article continues below.

Kennedy told me, The day I found out about it (JCCF taking the case), I was sick to my stomach. I realized I cant work here any more. I dont believe in the mission.

JCCFs statement of defence offers a different view. When told that it was taking the Buffone case, Kennedy responded: Understood. Ill stand by.

Its defence statement acknowledges Kennedy had expressed his opinion that getting involved in the human rights complaint process was contrary to its mandate.

But it said that at no time did he suggest that if JCCF continued its involvement in human rights processes that Kennedy would consider it constructive dismissal.

This case isnt only potentially precedent-setting in terms of employment law. At the heart of it is the schism within the conservative/libertarian movement between those who believe LGBTQ people are protected by freedom of expression, association and equality and those who believe those rights must protect religious groups, organizations and others to freely express, say and act on what they believe.

This advertisement has not loaded yet, but your article continues below.

Kennedy put it more pointedly when we spoke.

Do libertarians and conservatives oppose gender identity affirmation because nobody should be compelled to say things they dont believe or because they dont like transgender people?

And, do they believe in free speech as fundamental to protecting liberal democracy or because they want to protect homophobes, racists and bigots?

Since COVID-19, the Justice Centre has focused less on LGBTQ fights in favour of raising interesting constitutional questions while defending individuals right to not wear masks or to not get vaccinated.

But Carpay dealt his organization a substantial blow last summer.

He admitted in July that hed hired a private detective to spy on Manitobas chief justice and health officials to see whether they were breaching the provinces COVID restrictions. He took a leave of absence.

Carpay was back by September trying to rebuild trust in the brand when Kennedy filed his lawsuit and claim for $470,800.

This case wont make the renewal any easier.

dbramham@postmedia.com

Twitter: @bramham_daphne

This advertisement has not loaded yet, but your article continues below.

Sign up to receive daily headline news from the Vancouver Sun, a division of Postmedia Network Inc.

A welcome email is on its way. If you don't see it, please check your junk folder.

The next issue of Vancouver Sun Headline News will soon be in your inbox.

We encountered an issue signing you up. Please try again

Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Comments may take up to an hour for moderation before appearing on the site. We ask you to keep your comments relevant and respectful. We have enabled email notificationsyou will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Visit our Community Guidelines for more information and details on how to adjust your email settings.

See the original post here:
Daphne Bramham: A fight within the conservative family over which rights trump others - Vancouver Sun