Protecting the public from the politicization of Ontario's regulatory bodies

To attorneygeneral@ontario.ca,

The Honourable Doug Downey, K.C.
Minister of Justice & Attorney General of Ontario
Ministry of the Attorney General
11th Floor, McMurtry-Scott Building
720 Bay Street
Toronto, Ontario
M7A 2S9

Dear Minister Downey,

RE: Protecting the public from the politicization of Ontario’s regulatory bodies

Professional regulatory bodies in Ontario, such as those governing health-care professionals under the Regulated Health Professions Act, engineers under profession-specific regimes, and lawyers under the Legal Professions Act (or equivalent Ontario legislation), play a vital role in creating and maintaining standards of technical proficiency.
These regulatory bodies were never intended to adopt a political agenda of any kind, or to regulate the personal beliefs or political expression of the members of the profession. To the contrary, “professionals” are supposed to exercise independent judgment and provide independent advice to Canadians.

Unfortunately, in recent years, many of these regulatory bodies have expanded their authority far beyond their original mandate. Instead of simply upholding professional standards, many regulators are now advancing political causes, advocating ideological positions, and disciplining members who express disagreement.

Regulated professionals now find themselves compelled to say or endorse things they do not believe, which violates their freedoms of expression, conscience and religion – protected by sections 2(b) and 2(a) of the Canadian Charter of Rights and Freedoms. If this trend continues, professions will be increasingly populated only by members who are ideologically compliant and hostile to client-centred decision-making.

When regulators directly or indirectly compel speech, or otherwise pursue political objectives by embedding ideology into mandatory courses or codes of ethics, they undermine both public trust and the critical independence of the professionals who are required to be members of the regulator.

I therefore urge you and all Members of the Legislative Assembly of Ontario to support the introduction of legislation that will:

1.	Expressly prohibit all regulatory bodies in Ontario from adopting or pursuing any political objectives;
2.	Expressly prohibit all regulatory bodies in Ontario from monitoring and controlling the speech of their members, such that members will be free to express their opinions privately and publicly;
3.	Expressly prohibit all regulatory bodies in Ontario from including political and ideological content in their regulation, including in definitions of competence and ethics.

This legislation, as outlined above, will make it abundantly clear that regulatory bodies in Ontario can no longer monitor or control the speech of their members, nor require (directly or indirectly) their members to adopt or to live by any political position or ideology. Regulatory bodies must focus only on competence and ethics.
Ontario should lead the way on addressing this Canada-wide problem, and show other provinces how to restore integrity and professionalism in regulated professions. 

Further below, you will find a full list of regulated professionals in Ontario that would benefit from the legislation being proposed:

Accountants – regulated by the Chartered Professional Accountants of Ontario; Agrologists – regulated by the Ontario Institute of Agrologists; Applied Science Technologists and Technicians – regulated via the Ontario Association of Certified Engineering Technicians and Technologists (OACETT); Architects – regulated by the Ontario Association of Architects; Audiologists and Speech-Language Pathologists – regulated under the Regulated Health Professions Act and profession-specific regulations; Chiropractors – regulated under the Chiropractic Act (Ontario); Dental Assistants – regulated by the College of Dental Assistants of Ontario; Dental Hygienists – regulated by the College of Dental Hygienists of Ontario; Dental Technologists – regulated under profession-specific Ontario legislation; Dentists – regulated by the Ontario Dental Association under the Dentistry Act; Denturists – regulated under the Denturists Act (Ontario); Dietitians – regulated under the Dietetics Act; Early Childhood Educators – regulated under the Child Care and Early Years Act; Engineers and Geoscientists – regulated under the Professional Engineers Act and the Professional Geoscientists Act; Funeral Directors and Embalmers – regulated under the Funeral, Burial and Cremation Services Act; Land Surveyors – regulated under the Surveyors Act; Lawyers – regulated by the Law Society of Ontario under the Law Society Act; Licensed Practical Nurses – regulated under the Nursing Act; Massage Therapists – regulated under the Massage Therapy Act; Medical Laboratory Technologists – regulated under the Medical Laboratory Technology Act; Midwives – regulated under the Midwifery Act; Naturopathic Doctors – regulated under the Naturopathy Act; Notaries Public – regulated under the Notaries Act; Occupational Therapists – regulated under the Occupational Therapy Act; Opticians – regulated under the Opticianry Act; Optometrists – regulated under the Optometry Act; Paramedics – regulated under the Paramedic Services Act; Pharmacists and Pharmacy Technicians – regulated under the Pharmacy Act; Physicians and Surgeons – regulated under the Medicine Act; Physiotherapists – regulated under the Physiotherapy Act; Podiatrists – regulated under the Podiatrists Act; Psychologists – regulated under the Psychology Act; Real Estate Professionals – regulated under the Real Estate and Business Brokers Act; Respiratory Therapists – regulated under the Respiratory Therapy Act; Security Workers and Private Investigators – regulated under the Private Security and Investigative Services Act; Social Workers – regulated under the Social Work and Social Service Work Act; Teachers – regulated under the Education Act and the Ontario College of Teachers; 

Sincerely,