Alberta Reviewing Regulatory Bodies, Considering Legislation to Protect Free Speech

Alberta Justice Minister Mickey Amery and Premier Danielle Smith during the swearing in of her cabinet, in Edmonton on June 9, 2023. Jason Franson/The Canadian Press

Alberta Premier Danielle Smith has announced a review of professional regulatory bodies to determine if they’re hindering members’ freedom of expression.

Smith and Justice Minister Mickey Amery announced the review in an Oct. 23 video post to the X platform, saying professionals should be free to express their personal opinions.

“Professional colleges and other regulating bodies have been exerting their authority far beyond their legitimate mandate by attempting to regulate the personal beliefs and political opinions of the doctors, lawyers, psychologists, and other professionals,” Smith said.

“What a doctor or lawyer believes or says about politics or religion is not a reflection of their competency to practice medicine or law.”

Smith also said the province will consider legislation to govern regulatory bodies.

“We will bring legislative changes next year to ensure that professional regulatory bodies are limited to regulating their members’ professional competence and conduct, and not for speech,” she said in the video.

The review will look at whether regulatory bodies are going too far in monitoring members, Amery said.

“There are some troubling trends that we’re seeing around the world where several governments and governing bodies believe it is appropriate for them to determine what is true and what is misinformation and to restrict the speech of those who disagree with them,” he said in the video.

Amery mentioned the case of Canadian psychologist Jordan Peterson, who has been required to take a social media training program on professionalism in making public statements after the College of Psychologists and Behaviour Analysts of Ontario (CPBAO) said he was guilty of professional misconduct over social media posts he made. If he does not comply with the training, Peterson could lose his licence in Ontario.

The minister also mentioned the case of a Saskatchewan nurse who was fined $26,000 by the Saskatchewan Registered Nurses Association (SRNA). The organization accused her of professional misconduct over social media posts questioning the care her grandfather received at a long-term care facility in that province.

“Eventually, that decision was overturned,” Amery said, “but she had to fight all the way to the Court of Appeal to do so.”

Alberta’s Law Society told The Epoch Times it supports the review.

“We believe this is an important conversation and look forward to participating in the review and engaging with the government and legal stakeholders through the consultation,” chief executive officer and executive director Elizabeth Osler said in an email.

The society is encouraging members to participate through the online survey, she said.

“As the regulator of the legal profession, our duty is to uphold and protect the public interest in the delivery of legal services and we are optimistic this will be reflected in the outcome of this process.”

The College of Physicians and Surgeons of Alberta (CPSA) said the issue requires balance. 

“CPSA supports the Government of Alberta’s stance that professionals should retain their right to free speech in the expression of personal opinions, however as the Premier pointed out, the public interest requires balance when such views intersect with professional practice in a way that crosses certain boundaries established by the profession’s practice standards,” CPSA registrar and CEO Dr. Scott McLeod said in an email to The Epoch Times. 

He said the CPSA looks forward to collaborating on legislation that balances public safety and individual freedoms.

The engagement process will include 11 ministries that will gather information and feedback from regulatory bodies and other groups, according to an Oct. 23 Alberta government news release.