By Canadian Constitution Foundation ——Bio and Archives--June 21, 2023
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TORONTO: The Canadian Constitution Foundation (CCF) will be appearing as an intervener in Divisional Court Wednesday June 21 in the case Jordan Peterson v College of Psychologists of Ontario. The dispute is over professional penalties imposed on Dr Peterson by the College for public statements Dr Peterson had made on social media. The complaints were made by members of the public, not by any individuals who Dr Peterson had ever treated as a patient.
As an intervener, the CCF will argue that professional regulators may not regulate off-duty conduct unless they can establish a clear nexus between that specific conduct and the legitimate interest of the profession. And where off-duty conduct engages a Charter right, like freedom of expression, regulators have a heightened duty to ensure they have given full effect to the Charter protection.
“People in regulated professions have private lives outside of their
professional roles. Any intrusion on the right of an individual to
participate in public discourse, including through controversial
statements in social media, must be rigorously examined to ensure that a
regulator is not over-stepping its mandate,” said CCF Litigation
Director Christine Van Geyn.
“One of the hallmarks of a vibrant democracy is an open and robust
right to freedom of thought, conscience, and expression. Freedom of
expression underpins most other constitutional rights and allows them to
flourish. It allows citizens to hold those in power to account and to
debate the architecture of our society. Speech, even controversial
speech, has social value. This kind of expression should not merely be
tolerated; it should be protected from unjustified state or regulatory
intrusion. Courts must stand firm against allowing professional
regulators being co-opted by activists using them to punish people who
hold views or ideas they disagree with.”
The CCF is represented in this case by George Avraam, Ahmed Shafey
and Ajanthana Anandarajah of Baker McKenzie LLP. The CCF is grateful for
their hard work and diligence on this case. The hearing will take place
in the summer of 2023.
Members of the public interested in supporting the costs associated with this case can make a tax deductible charitable donation at theCCF.ca/donate/
The Canadian Constitution Foundation (CCF) is a registered charity, independent and non-partisan. We defend the constitutional rights and freedoms of Canadians in the courts of law and public opinion.
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The Canadian Constitution Foundation (CCF) is a registered charity, independent and non-partisan. We defend the constitutional rights and freedoms of Canadians in the courts of law and public opinion.