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 Petersons motion for leave to appeal an earlier decision by the Ontario Divisional Court. No reasons were given, which is normal for the appeal court.
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I think its going to be a licence to regulatory bodies to be more aggressive, said Howard Levitt, the lawyer who represented the controversial psychologist and best-selling author.
Levitt, a Toronto employment lawyer and Financial Post columnist, said they are unable to appeal further. Hes surprised, given the international media attention Petersons 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.
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Peterson had sought to have the August ruling overturned by going to the appeal court.
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The legal battle dates back more than two years.
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.
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Peterson, who is also a professor emeritus of psychology at the University of Toronto, put his practice on hold in 2017 but is still a licensed psychologist.
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 colleges 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.
Petersons 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.
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Exclusive: Jordan Peterson loses fight with psychology college over mandatory social media training - National Post