VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that the Supreme Court of British Columbia has granted four organizations permission to intervene in nurse Amy Hamm’s appeal of disciplinary findings against her over her off-duty expression about sex and gender. As intervenors, the organizations can make arguments to the Court without being parties to the case, bringing competing perspectives to an appeal that could help determine when professional regulators may punish Canadians for expression outside the workplace.
In a decision released September 8, 2026, Justice J. Hughes granted intervenor status to the College of Physicians and Surgeons of British Columbia (the College), West Coast LEAF (LEAF), Egale Canada, and the Association for Reformed Political Action Canada (ARPA). The Court also dismissed an application from the Vancouver Lesbian Collective.
Ms. Hamm is appealing a March 2025 decision of a disciplinary panel of the British Columbia College of Nurses and Midwives, which found that she had committed unprofessional conduct through statements she made on various online platforms between 2018 and 2021 about sex, gender, transgender issues, and sex-based rights for women.
The disciplinary panel accepted that Ms. Hamm made the statements to advocate for the protection of sex-based rights for women. However, it concluded that some of her statements “could not be reconciled” with what it described as the core values of the healthcare system and that disciplining her for the statements would not unjustifiably infringe her freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms.
Ms. Hamm’s appeal raises broader questions about the extent to which professional regulators can discipline members for expression outside the workplace.
The College, LEAF, and Egale will advance arguments that could give professional regulators greater scope to restrict off-duty expression, while ARPA will argue that expression critical of gender identity theory does not promote discrimination or hatred and is compatible with legal protections for transgender people.
The outcome could have implications well beyond Ms. Hamm and the nursing profession. Ms. Hamm’s appeal is scheduled to be heard in the Supreme Court of British Columbia in Vancouver on November 10, 12, and 13, 2026.
The Justice Centre is also campaigning to end the policing of Canadians’ speech by professional regulatory bodies. Our online campaign calls on provincial governments to stop professional regulators from punishing members for lawful expression outside the workplace that is unrelated to their professional competence or conduct. Canadians can learn more and take action here.
The Justice Centre is Canada’s leading civil liberties organization fighting for Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
