An Ontario court has dismissed Jordan Peterson’s appeal of an earlier decision that sided with the College of Psychologists of Ontario
Jordan Peterson has failed in his attempt to have the Ontario justice system prevent the College of Psychologists of Ontario from ordering him to undergo remedial social media training.
On Tuesday, a panel of three judges with the Ontario Court of Appeal dismissed Peterson’s motion for leave to appeal an earlier decision by the Ontario Divisional Court. No reasons were given, which is normal for the appeal court.
Levitt, a Toronto employment lawyer and Financial Post columnist, said they are unable to appeal further. He’s surprised, given the international media attention Peterson’s case garnered, that the courts did not want to weigh in on the extent to which professional regulatory bodies can police members’ speech.
Is there free speech in Canada?
“Is there free speech in Canada? To what extent are the limits on free speech in Canada, to free speech which is not criminal or not tortious, not a violation of any law? To what extent are regulated professionals and regulated trades impacted in terms of what they can say in the public forum?” said Levitt. “These are important issues and Canada has been castigated broadly for the decision of the divisional court.”
In August, the Ontario Divisional Court said that the college was allowed to have Peterson undergo social media training.
“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),” says the 18-page court decision.
The legal battle dates back more than two years.
Over the course of 2022, the college — which governs the conduct of psychologists practising in Ontario — received a number of complaints about Peterson’s online behaviour. The concerns included his tweets about a plus-sized Sports Illustrated model, whom he said was “not beautiful” and Elliot Page’s gender transition, who he said “had her breasts removed by a criminal physician.” There were also complaints about his views on climate change and “aggressive” conduct towards Gerald Butts, Prime Minister Justin Trudeau’s former principal secretary.
In January 2023, Peterson posted a document online detailing several of the complaints against him.
In response to the complaints, the college investigated, and ordered Peterson to undertake media training, at his own expense, or risk the suspension of his licence to practice in Ontario.
Peterson refused to undergo training, and asked the courts to review whether the college had such authority. He maintained that his speech was political, and outside the purview of the college’s authority and that he had his own team in place to monitor his conduct.
“I have already undertaken the remediation of my actions in a manner very much akin to what has been suggested by the (Inquiries, Complains and Reports Committee) and have done so in an exceptionally thorough and equally exceptionally public and transparent manner,” Peterson wrote to the college.
Peterson’s comments did not run afoul of any Canadian laws.
Rather, they were found to have contravened specific rules that exist for psychologists, a regulated profession.
“When individuals join a regulated profession, they do not lose their Charter right to freedom of expression,” says the ruling by the Ontario Divisional Court from August. “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.”
Peterson has yet to comment publicly on the dismissal of his appeal.
