SASKATCHEWAN COURT OF APPEAL REVERSES SUSPENSION OF NURSE

The Saskatchewan Court of Appeal confirmed the free speech rights of William Whatcott, an anti-abortion nurse, who was disciplined for two counts of professional misconduct for picketing in front of Planned Parenthood Regina. The Court allowed his appeal and quashed the penalty imposed by the licensing agency.

“Although the objective of Whatcott’s discipline was found to be “pressing and substantial”, the Court concluded that the decision to discipline Whatcott was not rationally connected to the objective of upholding public respect for the standing and status of licensed practical nurses. These findings could therefore not be upheld.

Intervening in the case, CCLA Special Counsel Andrew Lokan argued that Whatcott should not have been disciplined for airing his views. He argued that phrases such as “harmful to the best interests of the public” and “tends to harm the standing of the profession,” in the agency’s code of conduct, should not readily be interpreted to apply to expressions of personal opinion, particularly ones unconnected to the speaker’s professional life and on matters of morality.

While such professional bodies do have some power to regulate off-duty conduct of members, Lokan argued that the further the expression is removed from the member’s professional capacity, the harder it should be to justify limiting the expression. The agency has applied for leave to appeal to the Supreme Court of Canada. [Whatcott v. Sask. Assn. of Licensed Practical Nurses]