A former B.C. high school teacher is fighting back after losing his career for questioning the Tkʼemlúps te Secwépemc First Nation’s claim that 215 unmarked graves had been discovered at their former Kamloops Indian Residential School. Five years later, those claims remain unsubstantiated and excavation has never occurred.

Lawyers funded by the Justice Centre for Constitutional Freedoms (JCCF) have filed a petition for judicial review of a Labour Relations Board decision that upheld the B.C. Teachers' Federation's refusal to take McMurtry's grievance to arbitration. According to the JCCF, the case raises broader constitutional questions about whether unionized government employees can effectively seek a remedy for alleged Charter violations when their union declines to pursue their case.

This isn’t just about me.@JCCFCanada is fighting for all workers who have lost their right to freedom of expression. https://t.co/IdZLoYyvZv

— Jim McMurtry (@JimMcMurtry01) July 28, 2026

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Rebel News first broke McMurtry's story in 2022 after the veteran educator of 30 years revealed he had been marched out of a Grade 12 calculus classroom in Abbotsford’s W.J. Mouat Secondary back in May 31, 2021.

While substituting that day, McMurtry discussed the then-recent announcement that the remains of 215 children had been discovered in an apple orchard on the grounds of the former Kamloops Indian Residential School. As a history teacher, he sought to calm students' concerns, encouraging them not to jump to conclusions of mass murder without considering the historical context, including the leading causes of death during the operation of residential schools, such as tuberculosis and other diseases.

McMurty was later escorted out of the classroom that same day as though he had committed a crime and suspended the following day. Nearly two years of disciplinary proceedings later, McMurtry was terminated for cause by the Abbotsford School District in February 2023.

"It was hard when I was walked out of teaching," he said. "My wife was no longer able to work because of cancer, so both of us were without salaries,” McMurtry told Rebel News following the latest court filing. 

Despite the financial and health hardships, McMurtry says giving up was never an option. "My wife and I considered moving away from Vancouver to bring down our mortgage, but our children and grandchildren are here, and I knew that it was important to take a stand and not run away," he said.

"People said that fighting my employer would be the hill I died on, but better that than begging my way back into teaching and living on my knees like a slave."

The JCCF says the petition also has implications beyond McMurtry's own case.

"This case raises an important constitutional question affecting thousands of unionized government employees across Canada," said constitutional lawyer Hatim Kheir.

"For our constitutional rights to be meaningful, we must also be able to obtain a remedy. Under the status quo, Canadians who work for government institutions may be thwarted in seeking relief for violations of their rights if their unions decide not to take the case."

McMurtry believes many teachers feel unable to openly discuss politically sensitive subjects in today's classrooms.

"My message to teachers who feel they have to stay quiet about certain facts and opinions in school is to find safe ways to push back," he told Rebel News. "Teachers are models for students. We have to show them that the goal of education is to think better not compliance."

WATCH: B.C. teacher Jim McMurtry explains why land acknowledgments in public schools could be negatively impacting Canada’s diverse classrooms.

FULL REPORT by @DreaHumphrey: https://t.co/soONFt6k4Q pic.twitter.com/uhV6BRngCv

— Drea Humphrey (@DreaHumphrey) January 4, 2023

In announcing the court challenge, the JCCF also shared McMurtry's thoughts on why he believes the case matters.

"I was removed from teaching for speaking truthfully about residential schools, but in this David and Goliath fight against powerful institutions, I needed legal support and am deeply grateful to the Justice Centre for coming to the aid of a teacher buffeted by winds of intolerance," he said.

McMurtry hopes the court challenge will not only vindicate his own case but strengthen constitutional protections for others who may find themselves in similar circumstances.

"The Charter is a paper tiger," he told Rebel News. "People cannot exercise their rights and freedoms without having extra money. Organizations like the JCCF make justice a possibility."

The next step in the proceedings is for the parties to obtain the Labour Relations Board's record of proceedings, exchange affidavits and prepare for a hearing before the Supreme Court of British Columbia.