by Brian Peckford
March 17, 2025
Charter of Rights /Justice Denied; Amy Hamm , BC Nurse , Her Case Shows How Freedom /Democracy Has Been Lost In Canada
In Canada now, unless overturned by the courts , a nurse can be reprimanded by her professional organization for having gender views different than that of her ‘ professional college.’The Epoch Times online newspaper puts it this way”
Amy Hamm was accused of making “discriminatory and derogatory statements regarding transgender people” by the British Columbia College of Nurses and Midwives (BCCNM) in connection with comments she made in podcasts, videos, and on social media between 2018 and 2021.
Hearings started in September 2022, with a panel of the Discipline Committee of the BCCNM issuing its final decision on March 13.
Her comments have been viewed as ‘ professional misconduct’ by a disciplinary committee of the college. The paper reports:
“Another hearing will be held to determine the penalty. Hamm could face suspension or cancellation of her nursing registration, according to the BCCNM website.”
Hamm has issued a statement :
“I am in disbelief that speaking the truth, and speaking about my opinions on gender ideology and its impact on women, has resulted in my being found guilty of ‘discriminatory and derogatory’ speech,“ she said. ”No woman should be punished for standing up for our rights.”
Hamm has endorsed statements of famed author J.K Rowling . Hamm said on a billboard in 2020 : “I [love] JK Rowling,” referring to the British author’s public defence of women’s right to female-only spaces, such as prisons, restrooms, and sporting events.
Canada and the US are moving in differed directions in many ways —gender is another.
The Justice Centre for Constitutional Freedoms represented Hamm in the hearings. Here is part of their reaction to the decision:
“Throughout the hearings, Ms. Hamm’s legal counsel, provided by the Justice Centre, argued that there is no evidence of Ms. Hamm engaging in unprofessional misconduct or breaching any standards or bylaws. They argued that her speech was reasonable, sincere, socially valuable, and scientifically supportable. They argued that there is no evidence of “discrimination” or “harm” resulting from her speech, and, most importantly, that censoring Ms. Hamm’s speech violates her freedom of expression – protected by the Canadian Charter of Rights and Freedoms. As government entities, professional regulatory bodies like the BC College of Nurses and Midwives are subject to the Charter.
Lawyer Lisa Bildy stated, “We are reviewing the 115-page decision to determine whether an appeal is warranted. Obviously, we are disappointed that any of Ms. Hamm’s off-duty gender critical advocacy was found to be within the purview of her regulator; however, we are pleased that the vast majority of Ms. Hamm’s commentary was found not to have a sufficient nexus to her profession to attract a disciplinary finding.”
Sadly, the Courts of Canada have mangled their interpretation of the Charter and while there should be complete guarantee of Amy Hamm’s rights before the courts this is no longer the case .
Our Charter states:
Fundamental freedoms
2 Everyone has the following fundamental freedoms:
- (a) freedom of conscience and religion;
- (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- (c) freedom of peaceful assembly; and
- (d) freedom of association.
There is nothing that contradicts this Charter provision. Section 1 allows for limits but only after ‘ demonstrably justifying by law in a free and democratic society.’
No limits have been by law demonstrably justified in a democratic society relating to The BC College Of Nurses and Midwives decision relating to Amy Hamm’s actions.
And the Charter ‘s framework states : “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”
This is a Judaeo Christian God—-one whose gender definition is quite clear.
This organization is acting unconstitutionally .
The JCFF must appeal to the BC Supreme Court and if necessary to the Supreme Court of Canada.
One day Canada will come to its senses and abide by its Constitution. We just have to be relentless in embarrassing the authorities of their unconstitutional behaviour.
