Ruminations

Blog dedicated primarily to randomly selected news items; comments reflecting personal perceptions

Thursday, August 24, 2023

Jordan Peterson and Free Opinion, Free Speech

"The order is not disciplinary and does not prevent Dr. Peterson from expressing himself on controversial topics; it has a minimal impact on his right to freedom of expression."
"Dr. Peterson sees himself functioning as a clinical psychologist 'in the broad public space' where he claims to be helping 'millions of people."' 
"Peterson cannot have it both ways: he cannot speak as a member of a regulated profession without taking responsibility for the risk of harm that flows from him speaking in that trusted capacity."
Justice Paul Schabas, Ontario Divisional Court

"I'll comply with their regulations, but I'm not going to do it in secret... And the reason I'm not going to do it in secret is because I don't believe I've done anything wrong."
"The fundamental issue is one of free discourse," he said. "I like to think and we think by talking in large part. And so I'm not willing to suspend my tongue as a consequence of government decree."
"I deserve it [his license]. I earned it. I haven't done anything to justify suspending it, and I don't want to give the hyenas their bones." 
Dr. Jordan Peterson, clinical psychologist, emeritus professor, University of Toronto 
Jordan Peterson holds his arm up as if posing a question while making a speech in Sherwood Park, Alta., in 2018.
Jordan Peterson, who has gained international fame for his bestselling self-help books and lectures, has refused to pay to undergo a media training course ordered by the College of Psychologists of Ontario. (Jason Franson/The Canadian Press)
"The College of Physicians and Surgeons of Ontario is pleased with the court's decision confirming that members of regulated health professions are expected to maintain high standards of conduct, which at times may result in some curtailment of their freedom of expression."
"In our view, the decision again confirms that when a regulated health professional breaches expectations set by its regulator, including with respect to public speech, the regulator is best situated to assess and address the potential harm to public trust and confidence in the profession."
Carolyn Silver, Chief Legal Officer, College of Physicians and Surgeons of Ontario
 
"When individuals join a regulated profession, they do not lose their Charter right to freedom of expression. At the same time, however, they take on obligations and must abide by the rules of their regulatory body that may limit their freedom of expression."
"The order is not disciplinary and does not prevent Dr. Peterson from expressing himself on controversial topics."
"Requiring coaching following apparently unheeded advice seems a reasonable next step, proportionately balancing statutory objectives against Charter rights which are minimally impaired, if they are impaired at all, by the [college's decision to require coaching]."
Ontario Divisional Court 18-page court ruling 

"[My client is] disappointed [in the decision]."
"He's obviously very concerned about the way in which the college's actions in this case have the potential to have a chilling effect on free expression by members of a regulated profession."
Matthew Gourlay, a Peterson lawyer
Dr. Peterson posted a 56-page document online in January 2023 outlining the complaints that were made against him, to the College of Psychologists of Ontario, claiming many had been produced by former clients, which initiated an investigation from the College of Psychologists of Ontario, responsible for governing the actions of psychologists in the province. The findings attained led the college to ask Dr. Peterson to undergo social media training, or he would face disciplinary proceedings.

When Dr. Peterson refused the order, he turned to the courts to review whether such authority was vested in the college, maintaining that his speech was outside the purview of the college authority since it was political. Furthermore, he added he had his own team of advisers to monitor his conduct. In their response the college noted that those people around Peterson were not analyzing his public communications from the perspective of whether he was violating obligations to the college.

The court agreed with the college, that it "recognized D. Peterson's 'right to freedom of expression', but expressed concern about the significance 'impact risks' in this case given that 'public statements that are demeaning, degrading, and unprofessional may cause harm, both to the people they are directed at, and to the impacted and other communities more broadly."

This entire situation arose years ago when Dr. Peterson declared his refusal to use the pronouns mandated by the Liberal government through Bill C-16 legislation, Canada's gender identity rights bill. The purpose of which was to act as a stepping stone in the promotion of 'safety and self-determination of trans and gender non-conforming people' making their identities and experiences legally explicit through the addition of “gender identity” and “gender expression” as grounds for protection within the country's human rights protection guidelines.

His opposition to the legislation expanding gender identity protections in Canadian human rights legislation, coupled with the huge popular success of his self-help book, 12 Rules for Life, has propelled Dr. Peterson in the public sphere as an authority celebrity figure. He has since gone on extensive speaking tours abroad to popular acclaim, and he has become a regular commentator on public affairs whose views continue to inspire controversy.

In one instance he commented on a plus-sized model's photograph in a popular publication, as "not beautiful". He was banned temporarily from Twitter for expression his opinion that a celebrity trans person "had her breasts removed by a criminal physician", both of which comments would make sense to quite a large audience. He has become a popular and noticeable guest on various social media sites and podcasts popular with the public often referred to as 'right-wing'.

The college, responding to the court decision stated its intention to review the decision and would "undertake next steps in accordance with our mandate and any appropriate legal processes" in view of Dr. Peterson's legal team planning to seek leave to appeal the court decision.
"Bill C-16 has been controversial, raising many concerns among its opponents and giving rise to heated debate.  Jordan Peterson, psychology professor at the University of Toronto, was one of the main opponents of the legislation.  Peterson says that gender neutral pronouns are  “constructions of people that have a political ideology.”  (Genders, Rights and Freedom of Speech, The Agenda with Steve Paikin, TVO (Oct. 26, 2016).)   He also believes that the new law will compel the use of gender neutral pronouns in private speech, an argument that the Canadian Bar Association strongly rejected.  (Sarah Reid, Everything You Need to Know About the Transgender Rights Bill, TVO (May 30, 2017); Justin Ling, Canada’s Transgender Rights Bill Could Become Law Before the Summer, Despite Some Controversial Opponents, VICE (May 17 2017).)"
Library of Congress 
Prime Minister Justin Trudeau takes part in a Pride flag-raising ceremony on Parliament Hill. (Adrian Wyld/Canadian Press)

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