The Alberta government has introduced a legislative proposal that could set a national precedent for protecting freedom of expression among licensed professionals. Bill 13, the Regulated Professions Neutrality Act, aims to safeguard the personal speech and thought of thousands of Albertans working in fields like law, medicine, accounting, and education.
A Growing Trend of Regulatory Overreach
Advocates for the bill point to a concerning pattern across Canada where professional regulatory bodies have increasingly sought to police the off-duty, personal expressions of their members. This includes commentary on politics, culture, or religion that is unrelated to their professional practice or competence.
The most prominent case involves Dr. Jordan Peterson, the clinical psychologist who faced disciplinary proceedings from the Ontario College of Psychologists. The complaints stemmed from his social media posts on topics like climate change, the trucker convoy, and gender theory. Despite a legal challenge, the disciplinary action was upheld.
Peterson's situation is not isolated. Other documented instances include a physician cautioned for comments on theology within her Greek Orthodox church, a Saskatchewan nurse disciplined for Facebook posts about her grandfather's end-of-life care, and a former Alberta solicitor general investigated by the law society over a neighbourly dispute.
Core Provisions of Alberta's Proposed Law
Bill 13 seeks to draw a clear legal boundary around the authority of professional regulators. Based on recommendations from a report by the Macdonald-Laurier Institute titled "The New Censorship: Regulatory Creep, professional regulators, and growing limits on freedom of expression," the legislation would restrict when a regulator can discipline a member for personal expression.
Under the proposed act, discipline for speech outside of professional practice would only be permissible in specific, serious circumstances. These include:
- Threats of violence.
- Misuse of a professional position to cause harm.
- Criminal convictions.
- Sexual misconduct or exploitation.
- Inappropriate communications with minors.
Private political speech, controversial opinions, and social commentary would be explicitly protected. The bill reinforces that Canadians in regulated professions retain their constitutionally protected right to free speech and do not forfeit it when they enter their workplace.
A Call for National Adoption
Proponents argue that the primary role of a professional regulator is to ensure technical competence and ethical practice within the client-professional relationship—such as preventing a lawyer from mishandling trust funds or a doctor from harming a patient. Monitoring personal social media for unpopular views falls outside this mandate, they contend.
The passage of Bill 13 in Alberta is seen as a critical test case. If successful, it could provide a model for other provinces to emulate, creating a consistent standard across Canada that prevents what critics call "regulatory creep" into the private lives and thoughts of professionals. The debate highlights the ongoing tension between professional oversight and fundamental Charter rights in an increasingly complex digital and social landscape.
