Canadians celebrating or justifying the assassination of American conservative activist Charlie Kirk online run the risk of being fired by their employers, Toronto employment lawyer Howard Levitt warns.
“Don’t. That’s my advice. Don’t do things where you’re going to create embarrassment for your employer. It’s going to be inconsistent with your job, and that’s going to bring public disrepute to you and to your employer,” Levitt, owner of Levitt LLP, said to The Hub. “And if you do, you’re going to risk being fired for cause.”
A few high-profile cases of Canadians celebrating or justifying Kirk’s assassination are already resulting in investigations and forced leave or suspension.
In one case, a Toronto District School Board (TDSB) teacher allegedly showed a video of the grisly shooting while expounding to grade 5 and 6 students on how Kirk deserved to be killed for his views.
In a letter, the school principal told parents the incident was “extremely troubling and unacceptable.” The teacher is now suspended, and an investigation is underway.
In another case, University of Toronto religious studies and political science professor Ruth Marshall was put on administrative leave after incendiary posts, including one that stated, “Shooting is honestly too good for so many of you fascist [expletive].”
Levitt believes some of these cases will likely end up with them returning to their jobs.
“Well, [the bar] for cause is so high, but it’s certainly cause for at least a significant suspension, maybe even for a school year for the [TDSB] teacher,” he said.
“And if it’s someone in a managerial position, or a public-facing position, or a position they represent the goodwill of the employer, it could well be cause for dismissal,” Levitt added.
Even in cases of university professors like Marshall, with tenure, they aren’t completely immune from termination for public comments.
“Tenure gives a level of protection which is rather akin to what a unionised employee generally enjoys. But it’s not absolute,” Levitt said. “Now, if it’s different, if the professor of 35 years has a discipline-free record, it’s highly unlikely one outburst is going to [result in termination].”
Manitoba’s Families Minister Nahanni Fontaine shared a post last Thursday on her Instagram page that stated in part: “Charlie Kirk was a racist, xenophobic, transphobic, islamophobic, sexist, white nationalist mouthpiece who made millions of dollars inciting hatred…I extend absolutely no empathy.”
So far, Manitoba Premier Wab Kinew has stood by his minister, despite calls for her firing.
In the U.S., conservative activists have been creating lists of social media posts and contacting employers to get people behind leftwing accounts celebrating Kirk’s assassination fired. On Monday, U.S. Vice President JD Vance appeared on the Charlie Kirk Show podcast and called for Americans to “call them out, call their employer.”
“The most shocking thing is that the people who spoke out that way believed they wouldn’t get fired. I think they were all surprised, which means they’ve been living entirely within a bubble in which they thought other people would agree with that,” American political commentator and cartoonist Scott Adams observed.
The political polarization present in the reactions to Kirk’s murder appears to reflect a recent polling report by the Wall Street Journal, showing that younger generations are much more open to political violence being justified, including 44 percent of Gen Z.
Levitt has noticed an uptick in workplace terminations from social media use, including political posts.
“I don’t believe in suppressing free speech…but if it’s going to be something that’s horrific, like applauding a murder…let alone someone with a wife and children…I recommend keeping your detestable comments to yourself, or you’re going to be at risk of losing your job.”
Graeme Gordon is The Hub's Senior Editor and Podcast Producer. He has worked as a journalist contributing to a variety of publications, including CBC,…
