Whatcott v. Saskatchewan Association of Licensed Practical Nurses, 2006 SKQB 325

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 18, 2006
• Jurisdiction: Saskatchewan
• Citations: 2006 SKQB 325;(2006), 281 Sask.R. 168 (QB)

Whatcott v. LPN (2006), 281 Sask.R. 168 (QB)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. JL.035

William Whatcott (appellant) v. The Saskatchewan Association of Licensed Practical Nurses (respondent)

(2005 Q.B.G. No. 264; 2006 SKQB 325)

Indexed As: Whatcott v. Saskatchewan Association of Licensed Practical Nurses

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

July 18, 2006.

Summary:

The Discipline Committee of the Saskatchewan Association of Licensed Practical Nurses found Whatcott guilty of two counts of professional misconduct. The charges arose from Whatcott's actions in picketing outside of Planned Parenthood Regina. Whatcott appealed from the Discipline Committee's decision.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 1850

Freedom of speech or expression - Limitations on - Picketing - [See Civil Rights - Topic 1855 ].

Civil Rights - Topic 1855

Freedom of speech or expression - Limitations on - Regulation of professionals - The Discipline Committee of the Saskatchewan Association of Licensed Practical Nurses found Whatcott guilty of two counts of professional misconduct contrary to s. 24 of the Licensed Practical Nurses Act - The charges arose from Whatcott's actions in picketing outside of Planned Parenthood Regina - Among other things, Whatcott had carried a sign which stated that "Planned Parenthood Aborts Babies" and he had made statements which referred to Planned Parenthood as baby killers, a source of AIDS and a corrupting force for those that used the service - Whatcott appealed from the Discipline Committee's decision - The Saskatchewan Court of Queen's Bench dismissed the appeal - The court held that Whatcott's statements conveying his position on abortion were protected by s. 2(b) of the Charter and that s. 24 of the Licensed Practical Nurses Act was an infringement of his freedom of expression under s. 2(b) - However, the infringement was justified under s. 1 of the Charter - See paragraphs 38 to 56.

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law (Charter, s. 1) - [See Civil Rights - Topic 1855 ].

Medicine - Topic 6952

Nurses - Discipline - Professional misconduct - What constitutes - The Discipline Committee of the Saskatchewan Association of Licensed Practical Nurses found Whatcott guilty of two counts of professional misconduct contrary to s. 24 of the Licensed Practical Nurses Act - The charges arose from Whatcott's actions in picketing outside of Planned Parenthood Regina - Whatcott appealed - Whatcott argued that the Discipline Committee erred in its interpretation of s. 24 of the Act, which led to the conclusion that Whatcott was acting in his professional capacity while picketing - The Saskatchewan Court of Queen's Bench dismissed the appeal - It was not a valid objection that the Discipline Committee could not discipline a member unless his act giving rise to the proceedings was done in his capacity as a professional - Even though Whatcott was off duty when the acts occurred, his actions negatively impacted on the health system as it related to the Planned Parenthood Centre - He was therefore in breach of the Association's Bylaws and Code of Ethics which required that members respect the physical and emotional health of patients and work cooperatively and collaboratively with colleagues and other health care professionals - See paragraphs 24 to 37.

Medicine - Topic 6956

Nurses - Discipline - Judicial review - Scope of review - The Discipline Committee of the Saskatchewan Association of Licensed Practical Nurses found Whatcott guilty of two counts of professional misconduct arising from his actions in picketing outside of Planned Parenthood Regina - Whatcott appealed from the Discipline Committee's decision - The Saskatchewan Court of Queen's Bench applied the reasonableness simpliciter standard of review - See paragraphs 18 to 23.

Cases Noticed:

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 2003 SCC 19, refd to. [para. 18].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 18].

Kachur v. Lanigan Creek et al. (2006), 282 Sask.R. 213; 2006 SKQB 225, refd to. [para. 19].

Young v. College of Physicians and Surgeons (2005), 269 Sask.R. 60; 259 D.L.R.(4th) 323; 2005 SKCA 118, refd to. [para. 21].

Imrie v. Institute of Chartered Accountants (Ontario), [1972] 3 O.R. 275 (H.C.), consd. [para. 25].

Attis v. Board of Education of District No. 15 et al., [1996] 1 S.C.R. 825; 195 N.R. 81; 171 N.B.R.(2d) 321; 437 A.P.R. 321; 133 D.L.R.(4th) 1, refd to. [para. 27].

Ross v. New Brunswick School District No. 15 - see Attis v. Board of Education of District No. 15 et al.

Board of Education of School District No. 34 (Abbotsford) v. Shewan (1987), 21 B.C.L.R.(2d) 93 (C.A.), refd to. [para. 27].

Kempling v. College of Teachers (B.C.) et al., [2005] 10 W.W.R. 275; 213 B.C.A.C. 240; 352 W.A.C. 240; 2005 BCCA 327, leave to appeal refused, (2006), 350 N.R. 193 (S.C.C.), refd to. [para. 28].

Eggertson v. Alberta Teachers' Association (2001), 284 A.R. 139; 92 Alta. L.R.(3d) 82; 2001 ABQB 116, revd. [2003] 2 W.W.R. 613; 327 A.R. 59; 296 W.A.C. 59; 2002 ABCA 262, dist. [para. 29].

Wilson v. Law Society of British Columbia (1986), 33 D.L.R.(4th) 572; 9 B.C.L.R.(2d) 260 (C.A.), refd to. [para. 30].

Prescott v. Law Society (British Columbia), [1971] 4 W.W.R. 433; 19 D.L.R.(3d) 446 (B.C.C.A.), refd to. [para. 31].

Prescott, Re - see Prescott v. Law Society (British Columbia).

Solicitor, Re (1995), 65 B.C.A.C. 196; 106 W.A.C. 196; 14 B.C.L.R.(3d) 100 (C.A.), refd to. [para. 32].

Irwin Toy Ltd. v. Québec (Procureur général), [1989] 1 S.C.R. 927; 94 N.R. 167; 24 Q.A.C. 2; 58 D.L.R.(4th) 577; 25 C.P.R.(3d) 417, refd to. [para. 38].

R. v. Oakes, [1986] 1 S.C.R. 103; 65 N.R. 87; 14 O.A.C. 335; 26 D.L.R.(4th) 200; 50 C.R.(3d) 1; 24 C.C.C.(3d) 321; 19 C.R.R. 308, refd to. [para. 41].

R. v. Stevens, [1993] 7 W.W.R. 38 (Man. Prov. Ct.), refd to. [para. 43].

R. v. Keegstra, [1990] 3 S.C.R. 697; 117 N.R. 1; 114 A.R. 81; 1 C.R.(4th) 129; 77 Alta. L.R.(2d) 193; [1991] 2 W.W.R. 1; 61 C.C.C.(3d) 1; 3 C.R.R.(2d) 193, refd to. [para. 44].

R. v. Morgentaler, Smoling and Scott, [1988] 1 S.C.R. 30; 82 N.R. 1; 26 O.A.C. 1, refd to. [para. 44].

R. v. Lucas (J.D.) et al., [1998] 1 S.C.R. 439; 224 N.R. 161; 163 Sask.R. 161; 165 W.A.C. 161; 123 C.C.C.(3d) 97, consd. [para. 48].

Canadian Broadcasting Corp. v. New Brunswick (Attorney General), [1996] 3 S.C.R. 480; 203 N.R. 169; 182 N.B.R.(2d) 81; 463 A.P.R. 81; 110 C.C.C.(3d) 193; 2 C.R.(5th) 1, refd to. [para. 52].

Counsel:

Thomas A. Schuck, for the appellant;

Merrilee D. Rasmussen, Q.C., for the Discipline Committee of the Saskatchewan Association of Licensed Practical Nurses;

Bettyann Cox, for the Counselling and Investigation Committee of the Saskatchewan Association of Licensed Practical Nurses.

This appeal was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on July 18, 2006.