Alberta’s defense of professional freedom of expression is a service to all Canadians

Contents of the article

This week, Alberta did the rest of the country a solid favor by offering to pioneer a method to rein in professional regulators turned political.

On Wednesday videoPrime Minister Daniel Smith and Justice Minister Mickey Emery announced government audit in 67 regulated professional bodies covering 118 professions, which, depending on the results of the review, will inspire the government to develop future legislation to protect their freedom of expression. In an interview Thursday, Emery said new legislation could be introduced in the fall of 2025.

Contents of the article

“(Regulators) need to make sure our doctors are providing the best care they can provide. They need to make sure that our lawyers provide competent and qualified legal advice,” the minister explained. This work, however, does not extend to regulating “freedom of speech, the ability to express political or social views on important events or public issues that have little or nothing to do with” professional competence.

This is a test of national significance because regulators everywhere have overstepped their bounds. While the job of law societies, doctoral colleges, professional engineering associations, etc. is to ensure a certain standard of performance, some of these regulatory bodies have added social justice to their role: some have added progressive policies to their continuing education. demands, while others have taken it upon themselves to regulate the political speeches that members make in their spare time.

Most of the professions examined in the survey—surveyors, water well drillers, and loggers, for example—probably did not experience their regulators falling into moralizing that was unrelated to their work. But for those who have made it, change requires leadership at the government level.

Contents of the article

Contents of the article

This is because, although many regulated professions are self-governing independent of government, they receive this privilege. from the government. The task is delegated down. Thus, when professional regulators use their powers to trample on the freedom of expression of their members, going well beyond the enforcement of core competencies, the government must ultimately bring them back into line.

The most notable case of “mission creep” in the country is that of the College of Psychologists of Ontario, which in 2022 investigated psychologist Jordan Peterson for his online behavior and then ordered him to undergo media training (though, can’t find a willing media trainer).

Among Peterson’s sins: link to a city councilor they/them call a “horrible, self-righteous moralizer”; the misgendering of a Canadian actor who now identifies as transgender; referring to former Prime Minister’s staff member Gerald Butts as a “joke”; and Joe Rogan’s podcast provides critical commentary on the COVID-19 response.

Of course, his words were harsh, but were they worth the sanctions? The college seemed to think so, arguing that they posed a danger to society and undermined the profession. By calling out the rhetoric for security reasons and correcting political speech that appeared to criticize leftist sacred cows, the regulator showed it had lost its way.

Contents of the article

All of this has had a chilling effect, and Alberta’s Justice Minister has taken note. Emery told me he was particularly concerned about “the countless professionals who have said they are keeping quiet… to avoid facing repercussions from these regulators.” This issue has been constantly raised since he took office.

In Alberta, these battles were a little less visible. The Law Society, for example, adopted a rule in 2020 that allows it to set “specific continuing professional development requirements” for its members – and suspend those who do not meet them. It was immediately used for the overarching political mission of reconciliation that became fashionable when the Truth and Reconciliation Commission published its calls to action.

Thus, lawyers in Alberta were required to take an Indigenous “cultural competency” course filled with instructions for values. Some of their number organized to have the rule repealed in 2023 (Indigenous education is important, one said, but it should not be forced), but they ultimately failed: 75 percent of voting members support rule.

Contents of the article

The Law Society also prosecuted former (Conservative) justice secretary Tyler Shandro following politically charged complaints about his conduct as a Cabinet minister; he was in the end cleared offenses earlier this year, but the process has been difficult. This ordeal was avoided in 2018 by the previous justice minister, who faced a professional complaint after commenting on the case. However, she was on the NDP team; law society never referred the case for hearing.

Meanwhile, in medicine, the doctors’ regulator decided in 2022 dedicate commitment to combating racism and discrimination, which in practice often means improving the treatment of groups considered disadvantaged in order to level the scales of social justice. Regulator of Social Workers awaits its members are “committed to advocating for changes in policy and legislation to improve social conditions to meet basic human needs and promote social justice. “Regulator of psychologists formally requires its members “take reasonable steps to become aware of current and historical injustices suffered by Indigenous peoples before providing services.”

Contents of the article

While it’s one thing to expect everyone to receive proper help, it’s another to rant about “current injustices” that are largely a matter of personal opinion.

An additional problem in all of this, Amery said, is that people who have never interacted with professionals in their work can often file a complaint about their behavior and initiate the disciplinary process.

The main disadvantage of such a comprehensive review is time. If Alberta wanted to act quickly, it could put forward legislation within weeks to protect workers’ free speech in areas of concern. With such a broad review, the bill, if passed, may be a year away.

The upside to this careful analysis is that Alberta can pioneer an approach to regulating professions that respects freedom of thought and expression, providing other provinces with a template bill to hastily work on.

Ameri said professionals with specific complaints can “contact their ministries and raise these issues with the assurance that these matters will remain confidential and that correspondence will be taken seriously.” Let’s hope that for the sake of freedom of speech throughout the country they will do so.

National Post

Contents of the article