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MacDonald Laurier Institute

Peterson’s case demonstrates where professional regulators have gone astray

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From the Macdonald Laurier Institute

By Stéphane Sérafin

Professional regulators are losing sight of the purpose their disciplinary authority is supposed to serve, to protect society by preserving professional competence.

Members of restricted professions – doctors, lawyers, accountants and psychologists, among others – are subject to the disciplinary authority of their respective professional regulators. This arrangement is intended to ensure a minimum level of professional competence and to protect those relying on these professional services.

This has obvious advantages over purely market mechanisms, at least in theory, owing to the fact that professional regulators can set standards for members that apply before a member has engaged in serious professional misconduct. However, professional regulators have attracted significant controversy in Canada over the past few years as attempts to police members’ off-duty speech and conduct have become a recurring news item.

The problem is that professional regulators are losing sight of the purpose their disciplinary authority is supposed to serve – to protect society by preserving professional competence – and are policing members values for the sake of perceived reputational interests.

While it is tempting to conclude that the difficulties in these controversial cases arise from straightforward regulatory overreach, the problem is more complex. The fact is that regulators have always had the ability to police off-duty conduct, and for good reason, since such conduct may bear directly upon member competence. It is not that regulators are suddenly policing off-duty conduct which used to fall entirely outside their purview, but that the kinds of expression they are trying to censor are no longer focused on protecting society from an incompetent professional but on protecting themselves and their colleagues from association with political views which they find distasteful.

Professional regulators should reverse course, return to their mandates, and focus on ensuring professional competence, not political alignment, among their members.

Consider the best-known Canadian controversy concerning former University of Toronto professor-turned-social-media-influencer Jordan Peterson. As a member of the College of Psychologists of Ontario, Peterson was ordered to undergo social media training following complaints that his social media posts were discriminatory and unprofessional. The College felt that it could make such an order against Peterson without subjecting him to a full disciplinary procedure. It also felt that it could do so solely on the basis of complaints that did not originate with his clients, but arose out of positions that he had publicly staked out on controversial political and cultural issues.

When Peterson challenged the decision through a judicial process, the Ontario Divisional Court found that the College’s decision was reasonable. The Court was of the view that professional regulators had always held the requisite jurisdiction to police member expression, even when that expression did not arise in the context of a member’s strict professional activities. This included the capacity to police expression considered “discriminatory”. Moreover, it was thought to be enough that the expression might adversely impact the reputation of the psychology profession.

The principles invoked by the Divisional Court in this case are difficult to contest in the abstract. To recognize the authority of a professional regulator over a given profession, rather than relying on market mechanisms to ensure basic competence, means that the professional regulator must take a broad view of the kind of conduct that could fall within its ambit.

It would be difficult to claim that the off-duty conduct of a member is entirely without interest for professional regulators, since such conduct can be relevant to determining whether a particular person is fit to remain a member in good standing. An individual who commits a sexual assault outside of work hours, for example, is probably not fit to act as a clinical psychologist, just as someone who embezzles funds in a context divorced from his or her work should probably not be allowed to operate a trust account as a lawyer. No doubt, certain forms of expression that are not directly connected to the member’s professional activities – defaming others, threatening violence, or airing confidential information other than client information – raise similar concerns.

Criminal and civil court processes are not designed to address these concerns, since their purpose is to establish a criminal infringement of community norms and civil liability towards another person, respectively. Not all criminal acts or civil wrongs necessarily impugn a member’s professional competence, and conversely, there may be grounds to sanction a member where the threshold for criminal or civil liability has not been met.

But to say that professional regulators ought to have jurisdiction over the off-duty conduct of their members is one thing; to determine what type of off-duty conduct, specifically, properly attracts their disciplinary jurisdiction is another. The trouble with the Peterson case, as with many of the other recent Canadian controversies, is that the justification offered for the exercise of professional regulatory jurisdiction does not fit the paradigm offered by the examples just referenced, in which the off-duty conduct, including off-duty expression, can be taken to cast doubt on the member’s ability to carry out his or her profession. Instead, these cases present the regulation of off-duty expression by regulators in a manner analogous to the employment context, where the concern is not with the protection of the public interest, but in allowing employers to preserve their own reputation and to avoid vicarious liability for the acts of subordinates.

The view suggested by the Divisional Court in the Peterson case – that professional regulators are simply doing what they have always done – misses the widening focus of regulators beyond professional competence. This widening focus has been precipitated by at least two factors.

First, technological shifts have significantly altered the balance of power between professional regulators and individual members of the public. In an era of social media, an opinion that would have once been expressed to a small audience now finds itself exposed in some cases to an audience of millions. The possibility that someone, somewhere, will find offense, or decide to find offence, with the expression of opinions grows with the scope of the audience. Moreover, the nature of social media is such that any member of that audience can react, in real time, individually or in concert with others, to the opinion being expressed. This means that potentially every public utterance, whether reasonable or not, creates a reputational risk not just for the individual member, but also for the broader profession. Professional regulators are unsurprisingly concerned by this possibility, which affects their own vested interests.

Second, and perhaps more importantly still, broader cultural shifts have also significantly altered the kinds of expressive content that regulators are likely to treat as “unprofessional” or otherwise raising reputational concerns.

Consider another decision, Simone v. Law Society of Ontario, which was narrowly decided by the Law Society of Ontario Tribunal (the body charged with adjudicating complaints against Ontario lawyers and paralegals). In that case, Lisa Simone, an individual seeking membership in the Law Society of Ontario as a paralegal, was subject to “good character review” because of social media posts that she had made which were, among other things, critical of vaccine mandates, the Black Lives Matter organization, and “pride” events. While the Tribunal ultimately decided in favour of the candidate’s good character, and thus her admission as a paralegal, a majority did so apparently on the sole basis that the candidate had expressed remorse for the social media posts in question.

As with the Peterson case, the comments that landed Simone into trouble were associated with positions on the “right” of the political spectrum. They were also brought to the attention of the Law Society through complaints by members of the general public, and were used against her outside of a formal disciplinary proceeding. In other words, this was also not a classic case involving a disciplinary proceeding brought for off-duty conduct that undermined confidence in Simone’s ability to work as a paralegal. Rather, the concern was that the social media posts themselves reflected poorly upon the profession, not just because of their tone (though this was the formal argument made against Ms. Simone’s accreditation) but also, ostensibly, because of their content. This appears to be why the majority in that case repeatedly reaffirmed Ms. Simon’s obligation to comply with human rights laws, as though the mere expression of views critical of vaccine mandates, the Black Lives Matter organization, and “pride” events might infringe those obligations.

To say that professional regulators appear increasingly concerned with the reputational interest of their profession is, in this context, to say that professional regulators appear increasingly concerned with the appearance of complying with narrow cultural and political orthodoxies. These are “orthodoxies”, since they are views that are now largely taken for granted among much of the professional class, or at least among those individuals who are most likely to staff professional regulators and make decisions concerning member conduct.

Where a member of a restricted profession expresses personal viewpoints at odds with these admissible perspectives, the concern is not that the member lacks the requisite competence to exercise their role. Rather, the concern is that the mere expression of these views is “unprofessional”, in the sense that they are potentially damaging, or at least embarrassing, to the profession. That is, the expression of this views is “unprofessional”, owing to the fact that the member’s personal opinions are at odds with the values that the regulator thinks the profession should embrace.

That said, while the opinions that have run afoul of professional regulators have typically been associated with the “right” of the political spectrum – as in the Peterson and Simone cases – there have also been cases in which the authority of professional regulators has been invoked to punish those expressing views more typically associated with the “left”. In one particularly notable incident after the October 7 attacks on Israel by Hamas, students enrolled at the Faculty of Law at Toronto Metropolitan University (formerly Ryerson University) circulated a letter that purported to express solidarity with Palestinians, but also included language referencing a right of “resistance”. Many in the legal profession interpreted the letter as condoning the October 7 terrorist attacks. This prompted calls to deny the students articling positions (a requirement of lawyer licensing in Ontario) and potentially to deny them accreditation altogether.

This and similar cases that have arisen since October 7 may well suggest that the phenomenon that has until recently targeted mostly “right”-coded political opinions may now be weaponized by either side of the political spectrum.

What each of these cases undoubtedly serve to highlight, in any event, is a need to recover the importance of professional competence as the aim of regulators. Ensuring professional competence is the very reason for which professional regulation exists, and why determinations as to who can exercise these particular professions are not left solely to the market.

Canadians need professional regulators to return to their mandate: ensuring a minimum level of professional competence and protecting those relying on professional services. Regulators should not concern themselves with whether the opinions expressed by members are potentially embarrassing because they happen to fall outside the “values” that regulators believe professionals should embrace.

Stéphane Sérafin is an assistant professor in the French Common Law Program at the University of Ottawa.

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Automotive

The high price of green virtue

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Macdonald-Laurier Institute

By Jerome Gessaroli for Inside Policy

Reducing transportation emissions is a worthy goal, but policy must be guided by evidence, not ideology.

In the next few years, the average new vehicle in British Columbia could reach $80,000, not because of inflation, but largely because of provincial and federal climate policy. By forcing zero-emission-vehicle (ZEV) targets faster than the market can afford, both governments risk turning climate ambition into an affordability crisis.

EVs are part of the solution, but mandates that outpace market acceptance risk creating real-world challenges, ranging from cold-weather travel to sparse rural charging to the cost and inconvenience for drivers without home charging. As Victoria and Ottawa review their ZEV policies, the goal is to match ambition with evidence.

Introduced in 2019, BC’s mandate was meant to accelerate electrification and cut emissions from light-duty vehicles. In 2023, however, it became far more stringent, setting the most aggressive ZEV targets in North America. What began as a plan to boost ZEV adoption has now become policy orthodoxy. By 2030, automakers must ensure that 90 per cent of new light-duty vehicles sold in BC are zero-emission, regardless of what consumers want or can afford. The evidence suggests this approach is out of step with market realities.

The province isn’t alone in pursuing EV mandates, but its pace is unmatched. British Columbia, Quebec, and the federal government are the only ones in Canada with such rules. BC’s targets rise much faster than California’s, the jurisdiction that usually sets the bar on green-vehicle policy, though all have the same goal of making every new vehicle zero-emission by 2035.

According to Canadian Black Book, 2025 model EVs are about $17,800 more expensive than gas-powered vehicles. However, ever since Ottawa and BC removed EV purchase incentives, sales have fallen and have not yet recovered. Actual demand in BC sits near 16 per cent of new vehicle sales, well below the 26 per cent mandate for 2026. To close that gap, automakers may have to pay steep penalties or cut back on gas-vehicle sales to meet government goals.

The mandate also allows domestic automakers to meet their targets by purchasing credits from companies, such as Tesla, which hold surplus credits, transferring millions of dollars out of the country simply to comply with provincial rules. But even that workaround is not sustainable. As both federal and provincial mandates tighten, credit supplies will shrink and costs will rise, leaving automakers more likely to limit gas-vehicle sales.

It may be climate policy in intent, but in reality, it acts like a luxury tax on mobility. Higher new-vehicle prices are pushing consumers toward used cars, inflating second-hand prices, and keeping older, higher-emitting vehicles on the road longer. Lower-income and rural households are hit hardest, a perverse outcome for a policy meant to reduce emissions.

Infrastructure is another obstacle. Charging-station expansion and grid upgrades remain far behind what is needed to support mass electrification. Estimates suggest powering BC’s future EV fleet alone could require the electricity output of almost two additional Site C dams by 2040. In rural and northern regions, where distances are long and winters are harsh, drivers are understandably reluctant to switch. Beyond infrastructure, changing market and policy conditions now pose additional risks to Canada’s EV goals.

Major automakers have delayed or cancelled new EV models and battery-plant investments. The United States has scaled back or reversed federal and state EV targets and reoriented subsidies toward domestic manufacturing. These shifts are likely to slow EV model availability and investment across North America, pushing both British Columbia and Ottawa to reconsider how realistic their own targets are in more challenging market conditions.

Meanwhile, many Canadians are feeling the strain of record living costs. Recent polling by Abacus Data and  Ipsos shows that most Canadians view rising living costs as the country’s most pressing challenge, with many saying the situation is worsening. In that climate, pressing ahead with aggressive mandates despite affordability concerns appears driven more by green ideology than by evidence. Consumers are not rejecting EVs. They are rejecting unrealistic timelines and unaffordable expectations.

Reducing transportation emissions is a worthy goal, but policy must be guided by evidence, not ideology. When targets become detached from real-world conditions, ideology replaces judgment. Pushing too hard risks backlash that can undo the very progress we are trying to achieve.

Neither British Columbia nor the federal government needs to abandon its clean-transportation objectives, but both need to adjust them. That means setting targets that match realistic adoption rates, as EVs become more affordable and capable, and allowing more flexible compliance based on emissions reductions rather than vehicle type. In simple terms, the goal should be cutting emissions, not forcing people to buy a specific type of car. These steps would align ambition with reality and ensure that environmental progress strengthens, rather than undermines, public trust.

With both Ottawa and Victoria reviewing their EV mandates, their next moves will show whether Canadian climate policy is driven by evidence or by ideology. Adjusting targets to reflect real-world affordability and adoption rates would signal pragmatism and strengthen public trust in the country’s clean-energy transition.


Jerome Gessaroli is a senior fellow at the Macdonald-Laurier Institute and leads the Sound Economic Policy Project at the BC Institute of British Columbia

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armed forces

Underfunded and undermanned, Canada’s Reserves are facing a crisis

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Macdonald-Laurier Institute

The Macdonald Laurier Institute

By J.L. Granatstein for Inside Policy

With the new threats facing Canada and NATO, change must come quickly: Canada needs to fix the Army Reserves.

Canada’s once-proud Reserves force is fading fast – and without urgent action, it risks becoming irrelevant.

The Canadian Armed Forces Primary Reserves have an authorized strength of 30,000, but the present numbers of the Army, Navy and Air Force Reserves as of November 2024 are only 22,024. The RCN Reserves number 3,045, the RCAF 2,162, and the Army 16,817. This is frankly pathetic, all the more so as the regular forces are sadly understrength as well.

The Army Reserves have a long history, with some units dating back before Confederation. Before both world wars the Militia’s strength was roughly 50,000, generated by populations of eight million in 1914 and eleven million in 1939. Amazingly, despite a lack of training and equipment, the Militia provided many of the Army’s officers, up to and including successful division and regimental commanders, and large numbers of the senior non-commissioned officers. A century ago, even after some consolidation following the Great War, almost every town and city had an armoury and a Militia unit with a cadre of officers, good numbers of enlisted men, and some social status in their community. The factory owners, bankers, and well-off were heavily represented, and the Militia had real clout with representation in Parliament and easy access to the defence minister.

Not any longer. The armouries in most of Canada have disappeared, sold off by governments and levelled by developers, and those that still stand are in serious need of maintenance. The local elites – except for honorary colonels who donate funds for extra kit, travel, celebratory volumes, and to try to stop Ottawa from killing their regiment – are noticeably absent.

So too are the working men and women and students. As a result, there are Army Reserve units commanded by a lieutenant-colonel with three majors, half a dozen captains, ten lieutenants, a regimental sergeant major and any number of warrant officers, and under seventy in the ranks. It is a rare Reserve regiment, even those in Canada’s largest cities, which has a strength above 200, and ordinarily when a unit trains on a weeknight or a weekend only half that number turn up. Even in summer, when reservists do their serious training at Petawawa or other large bases, there will be many absentees.

And when a unit is asked to raise soldiers for an overseas posting – say for the Canadian-led brigade in Latvia – it might be able to find ten or so volunteers, but it will be highly unlikely to be able to do so when the next call comes. Reservists have families, jobs or school classes, and few are able and willing to go overseas and even fewer to do so for subsequent deployments.

Without reservists filling the ranks (and even with them providing up to 20 per cent of a battalion’s strength), the undermanned regulars must cobble together a battalion of 600 or so by seconding troops from another Regular unit. After being brought up to Regular force standards before deployment, the reservists have performed well in operations, for example, in Afghanistan.

So why can’t the Army Reserves find the men and women to join their ranks? The reasons are many and much the same as the recruitment difficulties facing the Regular Army. Sexual harassment cases have abounded, affecting the highest ranks and the lowest. Modern equipment has been and is continuing to be lacking.

Procurement is still bogged down with process, paperwork, and long timelines – for instance, approving a new pistol took a decade. And the Reserves get modern equipment only after the Regulars’ needs are met, which unfortunately means never.  Instead of a tank or a Light Armoured Vehicle, units get pickup vehicles painted in dark green and see anything more only on their rare days of training in the field.

Leaders of the Reserves have called for a separate budget for years, demanding that they decide how the funds are allocated. National Defence Headquarters has refused, rightly claiming that the underfunded Regulars have higher priority. But the Reserves point to official documents that in 2019-20 demonstrated that of $3.018 million allocated to the Reserves, only $1.3 billion reached them, the rest being unspent or re-allocated to the Regulars.

With some reason this infuriates Reservists who point to this happening every fiscal year.

So too does what they see as the condescension with which they are treated. A Reserve major is equal in rank to a Regular major, but both know that the Regular is almost always far better trained and experienced for his job and that rankles. (Many years ago, when I was a junior officer, I remember another Regular referring to “the ****ing Militia.” I know that Reserve officers reverse the compliment.)

Today with unemployment above nine per cent and with young Canadians’ unemployment rate even higher, the Reserves pay a new private a daily rate of some $125 (The Carney government recently promised a substantial pay raise). This ought to be a good option to earn some money.  The Toronto Scottish, an old and established infantry unit, for example, has a website that lists other benefits: up to $8,000 for educational expenses and up to $16,000 for full-time summer employment. The Toronto Scottish has two armouries in the western suburbs, a female Commanding Officer, but under 200 soldiers. There should be a real opportunity in the current circumstances to increase those numbers by a good advertising campaign pitched directly at young men and women in the Toronto suburbs. The same can be said for every big city.

But the small town and rural units, tiny regiments whatever their storied histories, are unlikely to be able to grow very much. National Defence Headquarters needs to set a number – say 150, 200, or 250 – above which a unit will keep its command structure. Below that standard, however, units will be stripped of their higher ranks and effectively consolidated under the Reserve brigade in their area.

Reservists have fought such suggestions for years, but if the Reserves are to become an efficient and effective force, this is a change that must come. One such experiment has combined the Princess of Wales Own Regiment in Kingston, Ontario, and the Brockville Rifles by putting the Commanding Officer of the first and the Regimental Sergeant Major of the second in charge. Unit badges can remain, but this reduces the  inflated command staffs.

In reality, these small regiments are nothing more than company-sized sub-units, and sub-units of less than a hundred simply cannot train effectively or draw enough new members from their small town and rural catchment areas. Combined they can function effectively.

The federal government will soon release an army modernization plan. Change is always difficult but with the new threats facing Canada and NATO, change must come quickly. Canada needs to fix the Army Reserves.


Historian J.L. Granatstein is a member of the Macdonald-Laurier Institute’s Research Advisory Board. A bestselling author, Granatstein was the director and CEO of the Canadian War Museum. In 1995, he served on the Special Commission on the Restructuring of the Reserves.

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