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Free expression trial of Amy Hamm nears its end

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is providing lawyers for British Columbia nurse Amy Hamm, whose disciplinary hearings will conclude on March 18-19, 2024. Oral arguments, beginning at 10:00 a.m. PT, will conclude the hearing before the three-person Disciplinary Committee of the British Columbia College of Nurses and Midwives in Vancouver. Lawyers will also answer any questions the panel may have following the submissions. The public is invited to view the proceedings online.

The prosecution of Amy Hamm over the off-duty expression of her opinions dates back to September 2020, when she co-sponsored a billboard featuring the words, “I ♥ JK Rowling” – a reference to the famous British author who, in 2019, came to the defense of a British woman whose employment contract was terminated after expressing “gender critical views.”

Two complaints by members of the public to the College about Ms. Hamm’s involvement with the billboard led to an investigation. That resulted in a 332-page report on Ms. Hamm’s activities, including a collection of her tweets, podcast transcripts and articles she had authored on the topic of gender identity and its conflict with women’s rights and the safeguarding of children.

The charge against Ms. Hamm reads, “Between approximately July 2018 and March 2021, you made discriminatory and derogatory statements regarding transgender people, while identifying yourself as a nurse or nurse educator. These statements were made across various online platforms, including but not limited to, podcasts, videos, published writings and social media.” The hearing began on September 21, 2022, and the panel heard 20 days of testimony, including approximately five days of challenges to the expert evidence provided by Ms. Hamm.

Much of the hearings to date has concentrated on the qualification, testimony and questioning of expert witnesses for both sides. The College presented as experts Dr. Elizabeth Saewyc and Dr. Greta Bauer, who argued that statements made by J. K. Rowling were “transphobic” and, by extension, so were Ms. Hamm’s. In Ms. Hamm’s defense, her legal team presented experts Dr. James Cantor, Dr. Kathleen Stock and Dr. Linda Blade.

As stated in their February 19, 2024, written submissions to the Committee, Ms. Hamm’s lawyers argue that:

  1. There is no evidence of breach of standards or bylaws, nor a case for a finding of unprofessional conduct;
  2. Her statements do not have a sufficient nexus to her status as a nurse to warrant regulatory interference;
  3. Her speech is reasonable and scientifically supportable;
  4. There is social value to her speech;
  5. Her advocacy is conducted in good faith, including to affect political change;
  6. She believes in the truth of her statements;
  7. There is no evidence of “discrimination” or “harm;”
  8. The infringement of her Charter right to freedom of expression, belief and opinion cannot be justified on a proportionate balancing against the objectives of the College.”

Lisa Bildy, lawyer for Amy Hamm, stated, “A key issue in this case is whether professionals can express criticism of gender identity ideology or other political issues in the public square without being subject to regulatory discipline. We argue that the College has allowed itself and its disciplinary process to become participants in a public and political controversy on which it should not be taking a side. The College should enforce high standards of performance for nurses and midwives when caring for their patients, and otherwise refrain from taking sides on political, cultural and moral issues that are debated in the public square. The College has lost its way.”

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Alberta Sheriffs Branch

Crown appeal against acquitted peaceful protestor Evan Blackman back in court June 19

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a hearing date for Evan Blackman’s summary conviction appeal has been set for June 19, 2024. The hearing will take place at the Ontario Superior Court of Justice in Ottawa.

The Crown’s evidence against Blackman at his trial consisted of a 14-minute drone video, with no sound, and the testimony of one officer from the scene. For nine minutes of that video, Blackman is seen as part of a group of protestors standing across from a line of police officers on Rideau Street in downtown Ottawa. Blackman is shown de-escalating the situation by holding other protestors back and putting his hand up to stop them from confronting the officers. He is then seen kneeling in front of police for the five minutes prior to his arrest. At one point, while on his knees, he takes off his hat, puts his hands on his chest, and starts singing Canada’s national anthem.

The Ottawa Crown Attorney’s Office is appealing Blackman’s acquittal on charges of mischief and obstructing the police relating to his participation in the Freedom Convoy protests, specifically on February 18, 2022, the day police conducted an “enforcement action” – clearing Ottawa city streets following the invocation of the Emergencies Act by the federal government four days prior.

Blackman was acquitted after a one-day trial on October 23, 2023. The Justice Centre provided lawyers for Blackman’s defence at that trial and continues to support him throughout this appeal.

At trial, Mr. Blackman pled “not guilty” to all charges. The judge dismissed the case against him due to limited evidence and the poor memory of a police witness on key elements of the criminal offenses.

After his February 18, 2022 arrest and release the same day, Blackman discovered his three bank accounts had been frozen pursuant to the Emergency Economic Measures Order.

Chris Fleury, lawyer for Blackman, notes that if his client had been convicted, his intention was to bring an application for a stay of proceedings under section 24(1) of the Charter, seeking a remedy for the freezing of Mr. Blackman’s bank account. If Mr. Blackman’s acquittal is overturned on appeal, he intends to file this application.

Chris Fleury says, “The limited evidence available at Mr. Blackman’s trial showed Mr. Blackman attempting to de-escalate a volatile situation between police and protestors on February 18. He pled not guilty to the criminal offences that he was charged with, and the trial judge ultimately agreed and found him not guilty. This appeal is an attempt by the Crown to reframe findings of fact that they disagree with as legal errors. Mr. Blackman and I are looking forward to our day in Court at the appeal hearing.”

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CBC tries to hide senior executive bonuses

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From the Canadian Taxpayers Federation

Author: Franco Terrazzano

The Canadian Taxpayers Federation filed a complaint with the Office of the Information Commissioner after the CBC refused to disclose 2023 bonuses for its eight senior executives until days after its President Catherine Tait is scheduled to appear at a parliamentary committee.

“This reeks of the CBC trying to conceal its senior executive bonuses so Tait doesn’t have to talk about it when she testifies at a parliamentary committee,” said Franco Terrazzano, CTF Federal Director. “The CBC is required to follow access to information laws and this nonsense delay is a blatant breach of the law.

“If Tait and her executives think they deserve their bonuses, they should be open and honest about it with taxpayers.”

The CBC proactively discloses certain information related to executive compensation in its annual reports. However, because the annual report lumps together salary and other benefits, Canadians don’t know how much the CBC’s eight senior executives take in bonuses.

Other Crown corporations have provided the CTF with access-to-information records detailing senior executive bonuses. For example, the Canada Mortgage and Housing Corporation paid out $831,000 in bonuses to its 10 senior executives in 2023. The Bank of Canada paid out $3.5 million in bonuses to its executives in 2022.

On March 11, 2024, the CTF filed an access-to-information request seeking details on the compensation paid out to CBC’s eight senior executives in 2023, including bonuses.

On April 9, 2024, the CBC issued a 30-day extension notice.

The new deadline for the CBC to release details on senior executive bonuses is May 10, 2024, just days after Tait is scheduled to appear at committee on May 7, 2024.

In response to a previous access-to-information request, the CBC released to the CTF records showing it paid out $15 million in bonuses to 1,143 non-union staff in 2023. The CBC did not issue an extension notice on that request.

“Tait is wrong to hide the cost of bonuses for CBC’s eight senior executives from the Canadians who pay their cheques,” said Terrazzano. “Tait must do the right thing and confirm to the parliamentary committee that she will cancel CBC bonuses.”

The CTF filed the complaint with the Office of the Information Commissioner on May 3, 2024, regarding the CBC’s delay in releasing documents regarding senior executive bonuses.

“The CBC is legally obligated to release the bonus documents days after the parliamentary committee hearing so obviously Tait has the details readily at hand,” said Terrazzano. “If MPs ask for those details, she needs to answer.

“And just to be clear, the CTF is fine with the CBC releasing this information at committee or anywhere else.”

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