The Charter - Professional Discipline

Description of Case:

This case concerns a finding of professional misconduct made by a professional nursing body against one of its members for words expressed in opposition to the activities of a Planned Parenthood organization. It raises constitutional law issues pertaining to freedom of expression in the administrative law context.

Whatcott was a member of the Saskatchewan Association of Licensed Practical Nurses (“SALPN”). In 2002, he picketed in front of the office of Planned Parenthood Regina (“PPR”). As a result of a complaint made by PPR to the SALPN, two charges of professional misconduct were levelled against him.

In relation to the first charge, Whatcott admitted:

(a) he carried signs with pictures of foetuses and captions saying “Planned Parenthood Aborts Babies”;

(b) he shouted such phrases as “Planned Parenthood will give you Aids,” This place is the world’s biggest baby killer,” “Don’t let Planned Parenthood corrupt you,” and “Planned Parenthood murders innocent babies;” and

In relation to the second charge, Whatcott admitted:

(a) he demonstrated in front of PPR on the eve of his August 27, 2003 discipline hearing;

(b) he carried signs with words “Planned Parenthood refers for abortions,” “God’s gift of life” and “choice is abortion.”

(c) he said “Planned Parenthood corrupts young women” and “Planned Parenthood kills babies with chemicals” or words to that effect.

He testified that the notion he intended to convey, by the last statement, was that Planned Parenthood aborts babies through chemicals. He also testified that he was drawing a distinction between the national body and the local body, by sometimes referring to PPR and sometimes referring to Planned Parenthood.

The Discipline Committee of SALPN found Mr. Whatcott guilty of professional misconduct on both charges and fined him. It also suspended his membership in the SALPN until such time as his fines were paid. The Discipline Committee did not address the extent to which Mr. Whatcott’s activities were protected by the Canadian Charter of Rights and Freedoms.

(a) Discuss any Charter rights or principles applicable to this cause.

(b) Whatcott appeals the decision to a Court. Will he be successful? Why, or why not?
Marks: this Assignment is worth 45% of the course mark

NATURE OF THE ASSIGNMENT

Attend a Court Trial or Administrative Tribunal Hearing involving a “business related”litigation or dispute. Your paper should provide commentary on:

A. Identification of the legal parties to the dispute
B. Identification of the paper which initiates the legal process either by way of Court Application, or complaint or request to an Administrative Tribunal
C. Describe the procedure that is utilized by the Court or Adjudicator
D. Describe the legal issues raised in terms of the dispute
E. Provide a commentary in reference to the evidence provided, and whether specific rules were applicable in terms of the introduction of evidence
F. Outline the Judgment or the Decision (if provided). Please note that if a Judgment or Decision is not provided, then it is expected that you would write your own Judgment/Decision and give reasons
G. Your comments on the process, the issues, and the Decision if you are able to hear it. Your comments should be critical or provide positive commentary in terms of the process and result. Do you believe that justice was done?

The paper should not exceed approximately 1500 words.

You may wish to proceed to view a Landlord/Tenant dispute which is typically conducted at the Ministry of Natural Resources building on Water Street. This is usually conducted on the ground floor. Furthermore, you could attend Small Claims Court which is located at 70 Simcoe Street in the City of Peterborough. This is located east of Water Street.

In addition, there are Land Severance Applications heard by the County of Peterborough on a regular basis. You may wish to attend an actual Land Severance Committee Meeting of the County of Peterborough Land Division Committee located at the County Municipal Building (470 Water Street, Peterborough). Other disputes, for example, labour disputes are heard by the Ontario Labour Relations Board in Toronto.