Protecting the public from the politicization of Yukon’s regulatory bodies

To tracy.mcphee@yukon.ca,

The Honourable Tracy-Anne McPhee
Minister of Justice
Government of Yukon
Box 2703
Whitehorse, Yukon Y1A 2C6

Dear Minister McPhee,

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

Professional regulatory bodies in Yukon, such as those governing physicians under the Medical Profession Act, nurses under the Registered Nurses Profession Act and the Licensed Practical Nurses Act, pharmacists and allied health professionals under their respective legislation, engineers under the Engineering Profession Act, and lawyers under the Legal Profession Act, 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 regulatory bodies across Canada have expanded their authority far beyond their original mandate. Instead of simply upholding professional standards, many of these regulatory bodies are now advancing political causes, advocating for ideology, 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, the 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 Yukon to support the introduction of legislation that will:

1.	Expressly prohibit all regulatory bodies in Yukon from adopting or pursuing any political objectives;
2.	Expressly prohibit all regulatory bodies in Yukon 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 Yukon 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 Yukon 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.

Yukon should lead the way on addressing this Canada-wide problem, and show other provinces and territories how to restore integrity and professionalism in regulated professions. Further below, you will find a full list of regulated professionals in Yukon that would benefit from the legislation being proposed:

Accountants – regulated under the Chartered Professional Accountants Act (Chartered Professional Accountants of Yukon);
Engineers – regulated under the Engineering Profession Act (Engineers Yukon);
Lawyers – regulated under the Legal Profession Act, 2017 (Law Society of Yukon);
Physicians – regulated under the Medical Profession Act (Yukon Medical Council);
Registered Nurses and Nurse Practitioners – regulated under the Registered Nurses Profession Act (Yukon Registered Nurses Association);
Licensed Practical Nurses – regulated under the Licensed Practical Nurses Act;
Registered Psychiatric Nurses – regulated through Professional Licensing & Regulatory Affairs;
Pharmacists & Pharmacy Technicians – regulated under the Pharmacy legislation administered by Professional Licensing & Regulatory Affairs;
Dentists – regulated under Yukon dental legislation administered by Professional Licensing & Regulatory Affairs;
Dental Hygienists – regulated through Professional Licensing & Regulatory Affairs;
Dental Therapists – regulated through Professional Licensing & Regulatory Affairs;
Denturists – regulated through Professional Licensing & Regulatory Affairs;
Midwives – regulated under Yukon midwifery legislation;
Optometrists – regulated through Professional Licensing & Regulatory Affairs;
Chiropractors – regulated through Professional Licensing & Regulatory Affairs;
Physiotherapists – regulated through Professional Licensing & Regulatory Affairs;
Real Estate Professionals – regulated through Professional Licensing & Regulatory Affairs.

Sincerely,