Josh Dehaas: B.C. realtor defends his free speech against intrusive regulatory body

Article content

A British Columbia regulator has withdrawn a caution letter sent to a realtor, accusing him of engaging in professional misconduct for posting his political opinions on social media. This decision ought to be a reminder to professionals across the country that, although they do need to be careful when they offer their opinions, they do not give up their free speech entirely when they join a profession.

Article content

Article content

On June 22, the B.C. Financial Services Authority (BCFSA) sent Corbin Chivers a caution letter in response to two posts he made on Instagram. In the letter, the BCFSA called Chivers’ comments “polarizing,” “inflammatory” and “discriminatory,” and cautioned that his words could bring the real estate industry into disrepute. It suggested Chivers could be disciplined if he made more such posts in the future. This was a clear attempt to censor him.

Article content

Article content

Article content

The posts in question were critical of policy related to Indigenous peoples, but they clearly didn’t constitute professional misconduct. The first post said: “Bands are chasing endless land claims on top of the cash handouts, demanding compensation and control without any end in sight. This isn’t fairness … it’s the opposite of reasonable treatment.

Article content

“Worse, they’re the ones blocking major resource projects across the country, killing off billions in potential revenue. Ironic, right? They demand the money but sabotage the very developments that could generate it to pay them.”

Article content

The second post was made regarding the decision to close Joffre Lakes Provincial Park to non-Indigenous visitors. It stated: “Wrong skin colour? Stay out. This isn’t reconciliation. This is racist segregation with better marketing.”

Article content

Article content

These comments are quintessential political expressions. Making space for political debate is one of the fundamental reasons the Charter of Rights and Freedoms protects freedom of expression. They may be offensive to some people, but the Supreme Court of Canada has said that there is no right not to be offended in Canada. We simply can’t govern ourselves peacefully if those in power, including state-empowered regulators like the BCFSA, can shut down speech because some find it offensive.

Article content

Article content

After Chivers retained my organization, the Canadian Constitution Foundation, the BCFSA wrote to confirm that the letter has been withdrawn, and that it will not form part of Chivers’ record. This is an important win. Of course, this could have gone the other way, had it made it in front of the wrong judge.

Article content

Readers may recall that the College of Psychologists of Ontario ordered Jordan Peterson to take a re-education course after he called the actor Elliot Page “her” and used Page’s birth name; called then-Ottawa city councillor Catherine McKenney an “appalling self-righteous moralizing thing,” called Gerald Butts a “prik” and referred to a plus-sized Sports Illustrated model as “not beautiful.”