Alta. government to defend professionals disciplined over freedom of expression

The Smith government says it's coming to the defence of Albertans and its regulated professionals who have had their freedom of expression limited and forced into training beyond the scope of their practice.

On Wednesday, the province announced it is looking at making legislative changes to ensure professional regulatory bodies are limited to focusing on the professional competence and behaviour of their members.

In a statement, Premier Danielle Smith said freedom of expression is a fundamental right in a democratic society.

"Organizations that regulate professionals must strike a balance that upholds competence and ethics without restricting members' rights and freedoms and we are working to ensure that balance is met," Smith said.

• Sign up for breaking news alerts from CTV News, right at your fingertips
• The information you need to know, sent directly to you: Download the CTV News App

Mickey Amery, Alberta's minister of justice, said the changes come after the government was contacted by professionals who were facing disciplinary action over "expressing personal beliefs."

"This situation could result in self-censorship and infringe on their ability to speak and express opinions freely," he said.

"We are initiating this review to ensure members' rights and freedoms are protected.”

The review will include input from 11 ministries that deal with regulated professions and will incorporate input from professional regulatory bodies, regulated professionals and other organizations.

"These groups will be invited to share their views on whether regulatory oversight goes beyond professional competence and ethics in areas such as freedom of expression and opinion, training not related to professional competence, vexatious and bad faith complaints, third-party complaints and protection for those holding other roles in addition to their role as a regulated professional," officials said.

There are 118 professions and trades in Alberta, which are governed by 67 different regulatory bodies.

Some professions may be excluded from the review if:

• They are not self-regulating;
• Regulation for the profession is not yet in force;
• There is no regulatory body or means to handle public complaints or disciplinary action against any member; and
• There is little or no regulatory role beyond certification.

CTV News reached out to the College of Physicians and Surgeons of Alberta (CPSA) and the Law Society of Alberta for comment on this announcement.

The CPSA said it supports the province's opinion that professionals should have the right to free speech in their 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," said Dr. Scott McLeod, CPSA registrar and CEO, in a statement.

"We look forward to collaborating with the government and our regulatory peers to develop effective legislation that balances public safety with the protection of individual freedoms."

The Law Society of Alberta provided a statement from its CEO and executive director:

"As one of Alberta's professional regulatory bodies, 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," said Elizabeth J. Osler, KC.

"We encourage all members of Alberta’s legal community to fully participate in this conversation through the online survey.

"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."