Alberta introduces ‘Peterson law’ restricting regulatory colleges from punishing professionals for ‘expressive conduct’

The Alberta government is introducing legislation to restrict professional regulatory bodies from disciplining members for what they say outside of working hours.Bill 13, also known as the Regulated Professions Neutrality Act, would ensure that the College of Physicians and Surgeons of Alberta (CPSA) and other professional regulators will no longer be allowed to punish their members for “expressive off-duty conduct.” Exceptions would be made in cases of “expressive off-duty conduct” that involve physical threats of violence, criminal convictions, boundary violations and inappropriate sexual conduct.“This is common sense legislation that would recognize that everyone should have the right to express their personal views freely,” Alberta Premier Danielle Smith said at a press conference on Thursday. “No professional should fear losing their license, their reputation or their livelihood because of a personal opinion, a social media post, an interview or open dialogue outside of working hours.”In addition, regulatory bodies will no longer be allowed to impose mandatory training on cultural competency, unconscious bias, DEI (diversity, equity and inclusion) or anything unrelated to competency or ethics.Smith nicknamed the bill as “the Peterson law” in reference to the case of controversial psychology professor Jordan Peterson, who was ordered by the College of Psychologists of Ontario to undergo social media training in 2022 after receiving complaints over a series of tweets alleged to be “transphobic, sexist, racist and . . . not in keeping with any clinical understanding of mental health.” In addition, Smith read two messages she received from doctors who said they’ve faced undue punishment from the CPSA over their political beliefs. One doctor told the premier he had lost his hospital privileges and been required to take a $5,000 over his stance on Bill 9, which invokes the notwithstanding clause for three bills impacting transgender people. Another doctor, according to Smith, said he was ordered by the CPSA to undergo mentoring and believes the college is “persecuting” him for “raising concerns with their ideology.”“These are the stories that we hear. I don't think that we have anyone feeling shy about criticizing us as a government,” Smith said.Justice Minister Mickey Amery also noted that education or training that address “political, historical, social, or cultural issues” will be permitted under the act if it is “directly related to professional competence or ethics.”However, it remains unclear where the lines will be drawn on what kind of training will be considered “directly related to professional competence or ethics.” Many professions incorporate equity, anti-racism, truth and reconciliation and other cultural issues as a core part of their competency and ethics. When asked how the legislation will determine whether a piece of cultural training exceeds what is allowed in the act, Amery said the decision-making process on that issue will “lie within the regulators themselves” and “perhaps with the courts.”Meanwhile, the opposition Alberta NDP says the premier has “gone too far” with this legislation.“Essentially what it says is that people should be able to say all kinds of vile, inappropriate, incorrect things outside their professional work,” NDP justice critic Irfan Sabir said in a Global News story. “(Smith) is bringing in this legislation essentially signalling to her base—extreme right-wing fringe people—to say whatever wild inappropriate thing they want without any accountability.”

Alberta introduces ‘Peterson law’ restricting regulatory colleges from punishing professionals for ‘expressive conduct’

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