An Ontario court has ruled against psychologist and author Jordan Peterson, upholding a regulatory body’s previous order that he undergo social media training.
Mr. Peterson, who is a professor emeritus in the University of Toronto Psychology department, was ordered by the College of Psychologists of Ontario (CPO) in November 2022 to undergo a coaching program on professionalism in public statements following a series of online comments by Mr. Peterson it saw as controversial.
“So the Ontario Court of Appeal ruled that the CPO can pursue their prosecution. If you think that you have a right to free speech in Canada. You’re delusional,” Mr. Peterson said on platform X, formerly known as Twitter, following the ruling.
“I will make every aspect of this public, and we will see what happens when utter transparency is the rule. Bring it on.”
The college’s complaints committee concluded Mr. Peterson’s statements in question—which were directed at a plus-sized model, transgender actor Elliot Page, and several politicians—may be “degrading” to the profession and could amount to professional misconduct. A failure to comply could have meant the loss of Mr. Peterson’s licence and ability to practice in Ontario.
In January, Mr. Peterson said his critics had “weaponized the College of Psychologists’ disciplinary process for political reasons,” and that the college wanted to send him to a “re-education camp.”
Mr. Peterson subsequently filed for a judicial review in June, with his lawyers arguing his political commentary is not under the college’s purview, the college did not give enough weight to his right to free speech in their decision, and that the comments were taken out of context.
But the Ontario Divisional Court dismissed his application, ruling that the college’s decision falls within its mandate to regulate the profession in the public interest, and does not impact Mr. Peterson’s freedom of expression.
Writing for the court, Justice Paul Schabas said that Mr. Peterson “cannot speak as a member of a regulated profession without taking responsibility for the risk of harm that flows from him speaking in that trusted capacity.”
Mr. Peterson rose to fame among social conservatives through his YouTube lectures, his successful self-help book, “12 Rules for Life: An Antidote to Chaos,” and his opposition to the Liberal government’s Bill C-16, which added the protection of gender identity and expression to the Human Rights Code and Criminal Code.
Mr. Peterson’s Twitter account was temporarily suspended for his comments on Elliot Page, but it was reinstated by Elon Musk after he purchased the social media platform in 2022.
‘Chilling Effect’
Following the decision, the Canadian Constitutional Foundation (CCF) said in a statement it was “disappointed” with the decision, saying it could have a “chilling effect on people in other regulated professions, like doctors, lawyers, teachers and accountants.”“Professionals should not have to soft-pedal their speech for fear that activists will weaponize regulatory bodies so that unpopular speech is penalized, even when there is no connection between that speech and the profession,” said CCF Litigation Director Christine Van Geyn in the release.
The CCF said the comments Mr. Peterson made did not relate to the practice of psychology and the related complaints were not made by any individuals that Mr. Peterson had ever treated as a patient. The foundation said while Mr. Peterson’s statements were “controversial and inflammatory” there was no evidence that any of the people he made comments about were harmed, or were the source of the complaints.
“We hope that Dr. Peterson will appeal this result, which will have long lasting impacts beyond his case. The right to freedom of expression must be given more weight than the court gave it here, and the mere assertion of risk of harm is not enough,” said Ms. Van Geyn.
