A teacher in Richmond, B.C., has been reinstated to her position after being fired in 2024 over a classroom presentation supportive of the trucker “Freedom Convoy” that included a cartoon mocking former Prime Minister Justin Trudeau.
Nicole Kowal-Seafoot was fired as a result of a presentation she gave to Grade 6 and 7 students in 2022 that featured a cartoon of Trudeau with his head on a chicken while carrying a syringe next to a child with a mask chained to its face.
In his April 24 decision, labour arbitrator Ken Saunders said although Kowal-Seafoot’s presentation broke “the most fundamental obligation not to harm learners” and upset students, she had apologized in the months after the incident, had developed coping tools to manage stress and anxiety issues, and “does not present a risk of re-offending.”
“For all these reasons, I conclude that dismissal falls on the side of an excessive response in the circumstances,” Saunders wrote, in the arbitration decision issued under B.C.’s Labour Relations Code.
Medical Leave and Dismissal
Kowal-Seafoot went on medical leave from her teaching duties in January 2022 following the presentation in question, while the school district carried out an internal investigation.
In interviews with school district investigators in early April 2022, Kowal-Seafoot apologized and said she had let her beliefs “get in the way” of her teaching role, according to the arbitration ruling.
“I did harm, confuse children. I let my political and ideological beliefs get in the way of my duty of care. It was a big lapse in judgment,” she said.
“I think in this situation the content was controversial, and upon reflection, I can see how it did not fit the curricular circumstances. And my employer’s vision, mission, values, nor the well-being of my students.”
Following completion of the investigation in May 2022, district staff met with Kowal-Seafoot to discuss her future in the job and recommended she be terminated, according to the arbitration ruling.
Kowal-Seafoot remained on extended sick leave between May 2022 and June 2024, at least some of which was paid, while receiving treatment for anxiety and depression before being medically cleared in June 2024 and formally dismissed from her teaching position with the school district.
The B.C. Teachers’ Federation issued a labour challenge on behalf of Kowal-Seafoot following her dismissal in June 2024.
In the decision to formally terminate Kowal-Seafoot, the district said she could no longer be relied upon to “reliably exercise professional judgement that aligns with district expectations.”
Presentation
Kowal-Seafoot’s presentation featuring a cartoon of Trudeau also included a number of photos and videos opposing pandemic restrictions and vaccine mandates, including clips of American commentator Tucker Carlson and images opposing the Trudeau government’s COVID-19 policies.
It also featured what Saunders described as a “proportionately large, demonic figure holding a syringe,” which Kowal-Seafoot testified was supposed to represent the government, as well as an image of a child with a mask chained to their face.
Saunders wrote that some students had been “emotionally overwhelmed” by the presentation, which he said could also be seen as telling kids their parents had hurt them if they complied with mask mandates or supported them in receiving COVID-19 vaccinations.
The ruling also noted that Kowal-Seafoot began crying during the class and said the trucker Freedom Convoy had brought her hope “for the first time in two years.”
Reinstatement
The labour arbitration hearing was held in late November last year and included testimony from Kowal-Seafoot, who said her mental health was damaged during the pandemic due to social isolation, masking requirements, disagreements about vaccination, and social distancing rules that stopped her from being able to continue in her role as a figure skating coach.
She also said her husband had suffered an adverse reaction to a COVID vaccination he received, further increasing her stress.
“Everything felt excessive, and targeting, and any sense of joy that I had in the profession was not there anymore,” Kowal-Seafoot testified. “It was a scary, dark time. There were a lot of compounding issues happening and a real lack of humanity.”
In his ruling, Saunders noted these mitigating circumstances, while also observing that Kowal-Seafoot had no previous issues with her job performance and was remorseful for what she had done.
He ordered that Kowal-Seafoot be reinstated to her job within two weeks of April 24 and have her time away from work be recategorized as a suspension. The ruling noted Kowal-Seafoot had spent much of the time she was away on paid medical leave before being formally fired in June 2024.
Friends Read Free
Copy
Facebook
Tweet
