BC Nurse Loses in Disciplinary Hearing Over Gender Comments

BC Nurse Loses in Disciplinary Hearing Over Gender Comments
Vancouver-area nurse Amy Hamm is pictured in a file photo. Courtesy of Amy Hamm/JCCF
Chandra Philip
Updated:
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A B.C. nurse accused by the provincial nurses’ college of making “discriminatory” comments about gender issues online has lost in a disciplinary hearing that has gone on for nearly three years.

Amy Hamm was accused of making “discriminatory and derogatory statements regarding transgender people” by the British Columbia College of Nurses and Midwives (BCCNM) in connection with comments she made in podcasts, videos, and on social media between 2018 and 2021.

Hearings started in September 2022, with a panel of the Discipline Committee of the BCCNM issuing its final decision on March 13.

Hamm said in a statement to The Epoch Times that was shocked by the ruling.

“I am in disbelief that speaking the truth, and speaking about my opinions on gender ideology and its impact on women, has resulted in my being found guilty of ‘discriminatory and derogatory’ speech,“ she said. ”No woman should be punished for standing up for our rights.”

Hamm has been an outspoken advocate for sex-based rights for women and girls. In September 2020, she co-sponsored a billboard in Vancouver that read, “I [love] JK Rowling,” referring to the British author’s public defence of women’s right to female-only spaces, such as prisons, restrooms, and sporting events.

The billboard prompted complaints from some individuals to the BCCNM, accusing Hamm of being “transphobic” and saying she was unfit to be a nurse.

The matter was referred to the College’s Inquiry Committee for further investigation, which resulted in a lengthy report on Hamm’s tweets, articles, and other online activities. The report led to a charge against Hamm that her statements constituted professional misconduct.

Panel Decision

In its decision released March 13, the panel said it found some of the statements Hamm made online fit the criteria of “unprofessional conduct.”

The panel said the professional misconduct occurred in relation to four cases where Hamm identified herself as a nurse while making “discriminatory and/or derogatory” comments. This included describing herself as a nurse in the biography attached to three articles she had written, and in one podcast.

The panel said Hamm made statements it called “untruthful and unfair as they challenge the existence of transgender women, argue for less constitutional protection for transgender women, and are designed, in part, to elicit fear, contempt and outrage against members of the transgender community.”

Another hearing will be held to determine the penalty. Hamm could face suspension or cancellation of her nursing registration, according to the BCCNM website.

Hamm has the option of appealing the decision to the British Columbia Supreme Court.

The panel did find that not all of Hamm’s statements could be considered “unprofessional conduct.” The decision notes that Hamm’s comments about there being only two sexes was not discriminatory, but it said statements that a man cannot become a woman were discriminatory.

“Stating there are only two sexes is not, in itself, discriminatory or derogatory to transgender people as it does not preclude the possibility of a transgender person transitioning to the opposite sex; rather, it is those statements which foreclose the possibility that a person assigned male at birth can transition to the female sex, or vice versa, that constitute discriminatory exclusion and erasure,” the panel wrote.

‘Disappointed’

The Justice Centre for Constitutional Freedoms (JCCF) which provided legal support for Hamm, said it was disappointed in the decision.
In a statement on the JCCF website, it said the decision will “negatively impact the freedom of expression of regulated professionals” in B.C. and across Canada.

Hamm’s lawyer, Lisa Bildy, said they are reviewing the decision.

“Obviously, we are disappointed that any of Ms. Hamm’s off-duty gender critical advocacy was found to be within the purview of her regulator; however, we are pleased that the vast majority of Ms. Hamm’s commentary was found not to have a sufficient nexus to her profession to attract a disciplinary finding,” she said in a statement on the JCCF website.

In a March 11, 2024, social media post, she called the action against her an “ordeal” saying it was the hardest thing she had ever faced both personally and professionally.

“I’ve been to the brink of insanity and despair many times over; it has steeled me and transformed me in a way that I am grateful for, despite the deep anger and resentment I have for being put through it all. I’ve done my best, and I hope it was good enough,” she wrote in the post.

The BCCNM, which is the largest health profession regulator in western Canada, had previously accused Hamm of making “medically inaccurate” statements but ended up dropping that charge.

Author J.K. Rowling reacted to the news of Hamm’s discipline by responding to her post on March 13, 2025, saying she stood with the Canadian nurse.

“It’s one battle lost, not the whole war. Millions of women stand with you, Amy,” she said in the post.