Fired B.C. teacher wins job back after pro-Freedom Convoy presentation

On Jan. 28, 2022, capital of virginia, B.C., instructor Nicole Kowal-Seafoot told a co-worker before a division introduction that, "I might be losing my job today."

More than four years after she lost her job, for a presentation that was in favour of the self-styled "Freedom Convoy," which protested vaccine mandates at the height of the COVID-19 pandemic, a labour arbitrator ruled that the Richmond School District's decision was excessive.

Kowal-Seafoot's presentation to her Grade 6 and 7 students featured a caricature of former prime minister Justin Trudeau with his head on a chicken.

It also featured what labour arbitrator Ken 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.

"Her presentation transgressed the most fundamental obligation not to harm learners," the arbitrator wrote, saying that students were undisputedly emotionally overwhelmed by it.

While Saunders agreed that Kowal-Seafoot "acted with an element of wilful disregard for her obligations" as a teacher, he found that her being fired wasn't justifiable given mitigating factors.

"[Kowal-Seafoot] had a discipline-free employment record. She admitted to her misconduct and apologized," Saunders wrote.

"On balance, I am satisfied that [she] has developed coping tools and that, with the benefit of her insight, she does not present a risk of re-offending," he added.

The B.C. Teachers' Federation grieved Kowal-Seafoot's firing, which was confirmed in June 2024, after school district officials conducted an investigation that concluded in May 2022.

In its letter that ultimately confirmed the teacher's firing, an official wrote that the district didn't have confidence in Kowal-Seafoot's "ability to reliably exercise professional judgment that aligns with district expectations."

Kowal-Seafoot told a hearing that, in the days leading up to the fateful presentation, uncertainty abounded as mask mandates were imposed in classrooms and her husband experienced an adverse reaction following a vaccination.

The teacher said that she felt a divide between unvaccinated and vaccinated people at the time — and that she coached figure skating, a sport she had been unable to return to due to COVID-19 pandemic restrictions.

"Everything felt excessive, and targeting, and any sense of joy that I had in the profession was not there anymore," she testified at the hearing.

"It was a scary, dark time. There were a lot of compounding issues happening and a real lack of humanity," she added.

According to Kowal-Seafoot, the convoy of trucks protesting vaccine mandates "inspired hope" and united a broad swath of people.

She told a school district investigator months afterward that the presentation was motivated by a desire to build on students' understandings of governments and different perspectives on political issues.

But when questioned on whether her presentation — which featured clips from then-Fox News host Tucker Carlson — fit that goal, Kowal-Seafoot apologized.

"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," she told the district investigator.

Saunders found that the presentation was disturbing and could have sent a message to students that their parents had harmed them by complying with the mask mandate or vaccinations.

"Potentially disturbing content is carefully prepared and presented to benefit the learners, not to harm them or to satisfy the educator’s momentary emotional needs," the arbitrator wrote, summarizing a school district official's testimony.

Kowal-Seafoot went on medical leave after the presentation, and attended counselling sessions, telling officials that she would either use approved course materials or consult with other school staff if she had questions over whether a presentation was appropriate.

Saunders ruled that Kowal-Seafoot should be reinstated to her former school, or another school that the union and employer could agree on, and that her discipline be substituted for a suspension covering the years it took for the grievance to be heard.

"In my judgment, the substitution of these measures is an appropriate corrective, disciplinary response given the extreme gravity of her misconduct," the arbitrator concluded.

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