These are worrying times for free speech in this country and it is not helped with the persecution of British Columbia nurse Amy Hamm by the province’s College of Nurses and Midwives.
Hamm is the nurse who said sex is binary and also helped pay to put up a sign in Vancouver that declared, “I (heart) J K Rowling.”
For these and similar crimes, Hamm has now been suspended from nursing for a month and ordered to pay the shocking and unjustified sum of $93,639.80 in legal costs.
With its punitive disciplinary
decision
, the college appears to be saying that you can either shut up or suffer what amounts to a $93,000 fine for exercising your right to free speech.
It is a chilling ruling but one that is not surprising given the increasing number of self-important, bloated, authoritarian organizations and professional bodies in Canada that think the Charter right to free speech and free expression is a mere whimsy.
What really irked the college — and the very expensive witnesses they called — was that Hamm sometimes identified as a nurse when she used social media to expand on her mainstream views about sex, gender and women’s safe spaces.
Hamm first got into trouble with the 2020 billboard supporting the Harry Potter author whose gender critical views have also come under fire.
A complaint about the billboard started an investigation by the college’s inquiry committee which resulted in a ridiculous 332-page report about Hamm’s off-duty tweets, articles and other online musings.
Hamm found herself being prosecuted for such things as writing, “trans activists determined to infiltrate or destroy women-only spaces” which is discriminatory, according to the disciplinary panel, because it has “a negative connotation of improper, illegal, aggressive, and destructive conduct.”
Another problematic post read, “Is there anything more embarrassing than straight people going by they/them, getting a dumb haircut, and calling themselves trans and queer?” which is apparently offensive because it “indirectly disparages transgender people.”
The 332-pages morphed into a 20-day disciplinary hearing spread over 19 months. Hamm was eventually
found guilty
of professional misconduct because of four instances where she identified herself as a nurse while apparently making “discriminatory and derogatory” comments.
However, as Hamm pointed out: there was no “direct victim”; complainants were “ideological opponents”; no patients were involved and no trans-identified people came forward to provide evidence of harm.
But none of that mattered. What mattered was only the “likelihood that trans-identified people would find her statements to be discriminatory and derogatory.”
Thus Hamm was punished, not for any harm, but the risk of harm.
It was similar reasoning that saw Christian singer Sean Feucht
banned
from so many Canadian venues — for safety reasons which were never detailed.
Again, the same rationale — security issues — saw the Toronto International Film Festival
pull
the documentary
The Road Between Us: The Ultimate Rescue
about one family’s experience in Israel on October 7, 2023. (TIFF has now reversed course.)
These things are happening, not because we have turned into a nation of “wee timorous beasties,” but because too many organizations have aggregated to themselves the power to decide what is acceptable or not for Canadians to watch, read and hear.
The Hamm case is even more disconcerting when you consider the lengths a professional body will go to in terms of energy, resources, money and punishment dished out, to enforce its own particular censorious ideology.
Hamm, a nurse for 13 years with an unblemished record, was terminated by Vancouver Coastal Health without severance after the guilty decision. She has not found another nursing job, writes some opinion columns (including for National Post) and is a single mother who receives no child support.
Still, the disciplinary panel considered $93,000 in legal costs was not punitive.
Who are they kidding?
As noted by Hamm during the hearing, “a significant penalty would convey to professionals that they should not speak up on controversial matters based on conscience.”
Part of the costs included $38,197.80 to pay for one of the College’s experts, Dr. Greta Bauer, a professor of epidemiology and biostatistics at Western University, and the Sex and Gender Science Chair for the Canadian Institute of Health Information.
It was this very expensive witnesses (whose fee was cut from $63,663 to $38k) who enlightened the college with profound insights that included: it was proper to call mothers “birthing people” because inclusivity was so important; who disagreed “that there are only two sexes” and that “humans cannot change their sex,” and who thought that Hamm was frivolous for saying, “I don’t think it’s possible for women to defend their legal rights, or even the definition of womanhood if anybody can say they’re a woman and it will be so.”
Yet Hamm was only saying years ago what others, including the United Nations, are saying now.
In a stunning report last month, Reem Alsalem, the UN special rapporteur on violence against women and girls, wrote a full-throated defence of biological sex.
The “erosion of women and sex specific language, the conflation of sex, gender and gender identity” was weakening protection for mothers, women and girls, she
wrote
. The legal definition of a women was in danger of being erased, she said.
In punishing Hamm, the panel accepted she was sincere in her beliefs.
“The Panel accepts that the Respondent’s statements were motivated by her genuine belief that recognition of the rights of transgender women harms the sex-based rights of cisgender women and children.”
But in the end, the tyrannical overlords at the college wanted their pound of flesh and were not concerned with Hamm’s motivation, her Charter-protected rights, that she was off duty when she posted online, or that she never actually harmed one single person.
In Canada, you are guaranteed the right to free speech, but it might cost you $93,000 for saying it.
National Post