Free expression trial of Amy Hamm nears its end

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:

There is no evidence of breach of standards or bylaws, nor a case for a finding of unprofessional conduct;
Her statements do not have a sufficient nexus to her status as a nurse to warrant regulatory interference;
Her speech is reasonable and scientifically supportable;
There is social value to her speech;
Her advocacy is conducted in good faith, including to affect political change;
She believes in the truth of her statements;
There is no evidence of “discrimination” or “harm;”
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.”

Related Topics:#BCNurseAmyHamm #JusticeCentreForConstitutionalFreedoms

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Taxpayers Federation presents Teddy Waste Awards for worst government waste

Published on May 8, 2024

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From the Canadian Taxpayers Federation

Author: Franco Terrazzano

The Canadian Taxpayers Federation presented its 26^th annual Teddy Waste Awards to CBC President Catherine Tait for handing out millions in bonuses while announcing hundreds of layoffs; the Mission Cultural fund for its sex-themed artistic performances; and the city of Regina for its Experience Regina rebrand fiasco.

“Because it spent buckets of taxpayer cash funding birthday parties and photo exhibits for celebrities, and making things awkward for countries around the world with sex-themed artistic performances, the Mission Cultural Fund earned the Lifetime Achievement award for waste,” said Franco Terrazzano, CTF Federal Director.

“Tait is winning a Teddy Award because she handed out millions in bonuses despite announcing hundreds of layoffs just before Christmas, only to turn around and beg for more taxpayer cash.

“The Alberta Foundation for the Arts spent tens of thousands flying an artist to New York, Estonia and South Korea so she could flop around on a futon for a couple minutes and showcase a painting that can best be described as ants on a pop tart.

“The city of Regina came up with snappy slogans like, ‘Show us your Regina,’ and ‘Regina: the city that rhymes with fun.’ After spending $30,000 and facing backlash, the city ditched the entire rebrand so it won a Teddy Waste Award.”

The Teddy, a pig-shaped trophy the CTF annually awards to governments’ worst waste offenders, is named after Ted Weatherill, a former federal appointee who was fired in 1999 for submitting a raft of dubious expense claims, including a $700 lunch for two.

This year’s winners include:

Municipal Teddy winner: The city of Regina

Regina spent $30,000 rebranding Tourism Regina to Experience Regina. But after facing backlash, the city scrapped the rebrand. And Regina taxpayers are out $30,000.

Provincial Teddy winner: Alberta Foundation for the Arts

The Alberta Foundation for the Arts spent $30,000 flying an artist around the world to produce art few taxpayers would ever willingly buy or pay to see.

Federal Teddy winner: CBC President Catherine Tait

Tait handed out $15 million in bonuses to CBC brass in 2023 as she announced hundreds of layoffs weeks before Christmas and lobbied the government for more money. Bonuses at the CBC total $114 million since 2015.

Lifetime Teddy winner: The Mission Cultural Fund

The Mission Cultural Fund spent $10,000 on a birthday party for Margaret Atwood in New York, $52,000 for a photo exhibit for rockstar Bryan Adams, $8,800 on a sex toy show in Germany and $12,000 for senior citizens to talk about their sex lives in front of live audiences.

You can find the backgrounder on this year’s Teddy Waste Award nominees and winners HERE.

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

Published on May 7, 2024

Todayville

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.”