Former BC nurse Amy Hamm's free expression appeal attracts five intervention applications

VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have filed responses to five applications for intervenor status in Amy Hamm's appeal before the Supreme Court of British Columbia, underscoring the broader public importance of a case concerning freedom of expression and the authority of professional regulators to discipline their members. Lawyers funded by the Justice Centre are representing Ms. Hamm throughout her appeal of disciplinary decisions made by the British Columbia College of Nurses and Midwives (BCCNM). The case arises from social media comments she made about sex and gender while identifying herself as a nurse. Although the comments were made outside her employment and did not involve patient care, a BCCNM disciplinary panel found that several constituted unprofessional conduct.

This appeal raises important questions about the extent to which professional regulators may discipline members for lawful expression outside their professional practice; Justice Centre for Constitutional Freedoms , Bio and Archives--July 14, 2026 Canadian News, Opinion | Comments | Reader Friendly | Subscribe | Email Us VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have filed responses to five applications for intervenor status in Amy Hamm's appeal before the Supreme Court of British Columbia, underscoring the broader public importance of a case concerning freedom of expression and the authority of professional regulators to discipline their members.

Lawyers funded by the Justice Centre are representing Ms. Hamm throughout her appeal of disciplinary decisions made by the British Columbia College of Nurses and Midwives (BCCNM). The case arises from social media comments she made about sex and gender while identifying herself as a nurse. Although the comments were made outside her employment and did not involve patient care, a BCCNM disciplinary panel found that several constituted unprofessional conduct.

In August 2025, the panel ordered that Ms. Hamm’s nursing licence be suspended for one month, and that she pay costs of nearly $94,000, although these orders were stayed pending the outcome of her appeal. Ms. Hamm is asking the Supreme Court of British Columbia to overturn those decisions, arguing that the panel erred in its interpretation of discriminatory expression, the connection between her comments and the nursing profession, and the protection of freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. Lawyers funded by the Justice Centre have now filed Ms. Hamm's responses to the proposed intervention applications.

The significance of the appeal is reflected by the number and diversity of organizations seeking permission to participate. Organizations seeking leave to intervene include the Association for Reformed Political Action Canada (ARPA Canada), the College of Physicians and Surgeons of British Columbia (CPSBC), Egale Canada, the Vancouver Lesbian Collective, and the West Coast Legal Education and Action Fund Association(West Coast LEAF). Intervenors are not parties to the appeal.

Rather, they seek permission from the Court to make submissions that may assist in resolving the legal issues before it. According to the court filings, Ms. Hamm consents to the intervention applications brought by ARPA Canada and the Vancouver Lesbian Collective. She opposes the applications by Egale Canada and CPSBC, and one aspect of West Coast LEAF's application, on the basis that they either duplicate arguments already before the Court or extend beyond the issues raised in the appeal.

The BCCNM opposes the applications by ARPA Canada and the Vancouver Lesbian Collective while consenting to the remaining proposed interventions. Constitutional lawyer Lisa Bildy said, “This appeal raises important questions about the extent to which professional regulators may discipline members for lawful expression outside their professional practice.” She continued, "The large number of prospective intervenors suggests there is considerable interest in the outcome of this case, particularly whether gender-critical speech and advocacy should be permissible for regulated professionals, or punishable.”

The Court will hear the intervention applications on July 29 and 30, 2026. The main appeal is scheduled to be heard on November 10, 12 and 13, 2026. For media inquiries, please contact media@jccf.ca.

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