A Canadian court ruled against psychologist and best-selling author Jordan Peterson, upholding a regulatory body’s order that he needs to undergo social media re-education or face losing his license to practice.
The three Ontario Divisional Court judges unanimously sided with the College of Psychologists of Ontario in a November 2022 case relating to his allegedly controversial online statements.
Justice Paul Schabas said the CPO order that Peterson take a program on professionalism in public statements "is not disciplinary and does not prevent Dr. Peterson from expressing himself on controversial topics."
Peterson said his comments were “off-duty opinions” and not made in his professional capacity, an argument that was rejected.
"Dr. Peterson sees himself functioning as a clinical psychologist 'in the broad public space' where he claims to be helping 'millions of people,'" Schabas wrote. "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."
Specific complaints listed in the case before the divisional court included posts directed at Canadian politicians, a plus-sized Sports Illustrated model and transgender actor Elliot Page.
Last November, the college's complaints committee found Peterson "may be engaging in degrading, demeaning, and unprofessional comments" related to an appearance on "The Joe Rogan Experience" podcast, where he identified himself as a clinical psychologist and appeared to demean a former client. The college's ethics code requires members to use respectful language and not engage in "unjust discrimination."
The complaints committee concluded that some of Peterson's comments posed "moderate risks of harm to the public" including "undermining public trust in the profession of psychology" as well as the college's ability to regulate the profession. It then ordered the social media coaching program at Peterson's expense, emphasizing that failure to comply could result in an allegation of professional misconduct.
Peterson filed for a judicial review, arguing his political commentary is not under the college's purview and that the college failed to balance its mandate with his right to freedom of expression.
The case was watched closely by free speech advocates and regulators in other professions. It featured interveners including the Canadian Civil Liberties Association, the College of Physicians and Surgeons of Ontario, and LGBTQ+ advocacy group Egale Canada.
Schabas said the college pursued a reasonable option by ordering the remedial coaching, which both maintained its professional standards while having minimal impact on Peterson's constitutional free speech rights.
"The panel concluded, reasonably, that Dr. Peterson’s behaviour raised a moderate risk of harm to the public," Schabas wrote.
The prescribed coaching would focus on Peterson's "unprofessional language" and would not prevent him from expressing himself on issues he or his audience care about, the judge wrote. (CTV News)
Peterson blasted the ruling on X.
"If you think that you have a right to free speech in Canada You're delusional," he said. "I will make every aspect of this public And we will see what happens when utter transparency is the rule Bring it on."
Responding to Elon Musks's surprise by the update, Peterson went on:
"It's worse than you think @elonmusk My tweets criticizing the trans insanity and @justintrudeau are the putative reasonThe judges are progressives appointed by @JustinTrudeau and all professionals in Canada are so terrified of their 'professional' regulatory bodies that they are terrified into silence And even those who aren't't intimidated in that manner Can't afford the extremely expensive and endless fight Not good."
In keeping with that transparency here is the decision
— Dr Jordan B Peterson (@jordanbpeterson) August 23, 2023
The courts are captured by the woke ideologues
I knew this already but did not fully understand its extenthttps://t.co/nKO09kPIys
A day before the ruling was handed down, Peterson said he stood by his comments and wished the CPO "luck in their continued prosecution. They're going to need it."
"If I can't express such opinions in Canada, I will let the world know," he added.
The Canadian Constitutional Foundation blasted the ruling, arguing that "professionals everywhere should be watching this case."
"Unless the decision is overturned, this case could have a chilling effect on people in other regulated professions, like doctors, lawyers, teachers and accountants," said the group's litigation director Christine Van Geyn. "Professionals should not have to soft pedal their speech for fear that activists will weaponize regulatory bodies so that unpopular speech or an unpleasant tone is penalized, even when there is no connection between that speech and the profession."