A B.C. nurse has filed a human rights complaint against the B.C. nurses’ college after she lost a disciplinary hearing over comments she made about gender issues.
Amy Hamm was accused of making “discriminatory and derogatory statements regarding transgender people” by the British Columbia College of Nurses and Midwives (BCCNM) regarding comments she made in podcasts, videos, and on social media between 2018 and 2021. She was also investigated by BCCNM after putting up a billboard in support of UK author JK Rowling.
The college said a disciplinary panel on March 13 found Hamm had committed “unprofessional conduct” by making the comments.
On March 21, Hamm said she has filed a human rights complaint against the college.
“I filed a complaint against [BCCNM] for discrimination on the basis of political belief,” she said in a post on the X platform.
Hamm attached a photo of a letter from the BC Human Rights Tribunal.
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The letter says the tribunal is reviewing the complaint to see if it “contains an allegation of discrimination prohibited by the BC Human Rights Code.”
“Every British Columbian is free to file a complaint with the Human Rights Tribunal,” BCCNM told The Epoch Times in an email.
The college also said it would follow the tribunal process if the complaint is accepted.
Hamm’s Response
Hamm said in a statement to The Epoch Times on March 14 that she was shocked by the panel’s ruling.
She said she was in disbelief that “speaking the truth” resulted in her being found guilty of “discriminatory and derogatory speech.”
Hamm said that “no woman should be punished for standing up for our rights.”
Following the decision, the college said it considered the ruling to “be an important statement against discrimination.”
“Nurses and midwives occupy a position of trust and influence in our society,” BCCNM said in a statement on its website. “The college will continue to stand up against discrimination and believes it is a core aspect of our public protection mandate to ensure nurses uphold the important principle that the health care system is non-discriminatory.”
Hamm drew attention when she sponsored a billboard that read ‘I [love] JK Rowling” in 2020. It referred to the UK author’s public advocacy for female-only spaces, like prisons, restrooms, and sporting events.
The billboard resulted in two complaints against Hamm to the college, with one saying she was “transphobic” and not fit to be a nurse, according to the March 13 decision.
The matter was referred to the BCCNM’s inquiry committee for investigation. The result was a report on Hamm’s social media posts and other online activity.
The report led to a charge of professional misconduct against Hamm.
Panel Decision
In its decision, the panel said the “unprofessional conduct” occurred in relation to four cases where Hamm identified herself as a nurse while making “discriminatory and/or derogatory” comments. This included describing herself as a nurse in the biography attached to three articles she had written, and in one podcast, the panel said.
The panel said she made statements that were “untruthful and unfair” and that Hamm challenged “the existence of transgender women.”
BCCNM’s panel also said Hamm’s comments were “designed, in part, to elicit fear, contempt and outrage against members of the transgender community.”
The panel said not all of Hamm’s comments that were the subject of the hearing were found to be unprofessional. The decision notes that Hamm’s comments about there being only two sexes was not discriminatory, but it said statements that a man cannot become a woman were discriminatory.
Hamm, who is a columnist for the National Post, wrote in a March 15 opinion piece that while the BCCNM says it is not interested in the “validity” of her beliefs, she did not believe that to be true.
She notes in the column that the panel said in its decision that it “understands that the statement that there are only two sexes — male and female — is an oversimplification that does not align with current medical or biological understanding.”
Hamm also noted the panel said it agreed that “it is discriminatory and derogatory to suggest that transgender women should not be in the same spaces as cisgender women.”
“It means that the panel believes that to advocate for the protection of women’s spaces — as is our Charter-protected right — is wrong, improper, and discriminatory for any regulated professional to do,” she wrote in the piece.
The Justice Centre for Constitutional Freedoms, which provided legal support for Hamm, said the decision will “negatively impact the freedom of expression of regulated professionals” in B.C. and across Canada.
Another hearing will be held to determine the penalty. Hamm could face suspension or cancellation of her nursing registration, according to the BCCNM website.
Hamm also has the option of appealing the decision to the British Columbia Supreme Court.
The BCCNM, which is the largest health profession regulator in western Canada, had previously accused Hamm of making “medically inaccurate” statements but ended up dropping that charge.
J.K. Rowling reacted to the news of Hamm’s discipline by saying she stood by the Canadian nurse.
“It’s one battle lost, not the whole war. Millions of women stand with you, Amy,” she said in a social media post.
