REGINA – The disciplinary hearing against Saskatchewan registered nurse Leah McInnes continues Thursday in what may be a landmark decision on freedom of expression for nurses and all other professionals, say constitutional lawyers.
McInnes had expressed her opinion against vaccine mandates and passports on social media and joined a peaceful protest in September 2021. The regulatory body that licenses nurses in the province wants to punish McInnes for her dissenting views.
“This case is about the freedom of nurses and other professionals to participate, as citizens in a democracy, in public discussions and debate,” said constitutional lawyer John Carpay, president of the Justice Centre.
McInnes’ lawyers argue that her expression, however disagreeable it may have been to the College of Registered Nurses of Saskatchewan (CRNS), is protected by section 2 of the Canadian Charter of Rights and Freedoms, as well as relevant case law.
“The Discipline Committee today will hear how Ms. McInnes advocated against vaccine mandates and vaccine passports in support of patient autonomy, dignity and privacy in compliance with her ethical obligations,” said lawyer Andre Memauri.
“It is very unfortunate that a registered nurse in the Province of Saskatchewan again faces regulatory reprisal for fair criticism of the healthcare system, after the Court of Appeal’s decision in Strom,” added Memauri.
In 2020, in the Saskatchewan Court of Appeal’s decision in Strom v. Saskatchewan Registered Nurses’ Association, the court overturned a discipline committee’s finding of professional misconduct against Carolyn Strom, a registered nurse from Prince Albert. She had made social media posts criticizing a long-term care facility for its treatment of her grandfather, now deceased.
"Such criticism, even by those delivering those services, does not necessarily undermine public confidence in healthcare workers or the healthcare system,” wrote Saskatchewan’s highest court in its decision three years ago.
On the contrary, criticism can in fact enhance confidence by showing that those with the most knowledge within the health-care system – and who have the ability to effect change – are both prepared and permitted to speak and pursue positive change, said the court, adding, “Such is the messy business of democracy."
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