Egale’s and JusticeTrans’ Joint Intervention in Peterson v. College of Psychologists of Ontario
When health care providers use their professional credentials to spread anti-2SLGBTQI disinformation, they create additional barriers to equitable health care.
Jump to: Introduction | Background | Our Legal Arguments | Case Outcome | Documents
Introduction
One of the persistent barriers faced by 2SLGBTQI people in accessing health care is discrimination and ignorance on the part of their health care providers. This barrier is a factor in poorer health outcomes for 2SLGBTQI people. Mental health services are particularly fraught. 2SLGBTQI people, who suffer from poorer mental health on average than their cisgender and heterosexual peers and are therefore more likely to require these services, have reported patterns of interpersonal and institutional homophobia, transphobia, and cisheterosexism in mental health care. Moreover, mental health care providers belong to the group of professionals with the institutional power to grant or deny access to gender-affirming care for Two Spirit, trans, and nonbinary (2STNB) people.
In general, health care professionals occupy a trusted position in society. They are regulated by professional bodies whose mandate is to ensure that high standards of quality in health care delivery are met. Regulatory bodies are mandated to act in the public interest, meaning to do what’s best for society as a whole. That includes setting standards to ensure professionals conduct themselves in a way that promotes the public’s trust in the profession.
Quick Facts
Case Status: Judgment released
Case Name: Peterson v. College of Psychologists of Ontario
Court: Divisional Court, Ontario Superior Court of Justice
Egale’s Role: Intervener
Representation: John McIntyre of McIntyre Szabo PC and Gregory Ko of Kastner Lam LLP
Case Background
The College of Psychologists of Ontario (CPO) is the professional regulator for psychologists in Ontario. Jordan Peterson is a clinical psychologist who is registered with the CPO, as well as an author and public figure who is well known for his statements that tend to be degrading toward women and 2SLGBTQI people. Peterson identifies himself as a clinical psychologist on his social media platforms and in public appearances.
After a series of complaints against Peterson for misogynistic and transphobic social media posts, the CPO ordered Peterson to take a remedial course on professionalism in public communications. He appealed the CPO’s order to the Divisional Court of the Ontario Superior Court of Justice.
Our Legal Arguments and What We’re Fighting For
Egale and JusticeTrans intervened to bring our expertise on discrimination against 2STNB people, especially in the context of health care overall and in mental health care specifically.
We argued that public comments that are transphobic, discriminatory, and misinformative are not part of a legitimate debate as Peterson claimed. Their only purpose is to perpetuate prejudice.
It has been established that professional regulators’ mandate to protect the public’s trust in and access to health care services extends to regulating their members’ public comments when those comments cause harm to the public or the profession. This is especially the case when those professionals use their credentials for credibility. When someone makes anti-trans comments using their platform as a health care professional, they create barriers to trans people accessing discrimination-free health care. And if the regulator does nothing to address those comments, trans people further receive the message that the regulator will not protect their access to discrimination-free health care.
Everyone in Ontario benefits when the field of health care is equitable and health care professionals’ public statements can be relied upon to be accurate, measured, and reasonable.
Case Outcome
The Divisional Court agreed with the CPO that it was reasonable to require Peterson to take a remedial course on professional communication. It found that, as a registered clinical psychologist, Peterson has a responsibility not to act in a way that undermines the public’s trust in the field of psychology or that limits any group’s access to equitable mental health care.
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