A Fine Line: Professionalism, Social Media, Off-Duty Conduct & The Charter Of Rights

• Published date: 30 November 2020
• Subject Matter: Media, Telecoms, IT, Entertainment, Social Media
• Law Firm: MLT Aikins LLP
• Author: Mr Michael Marschal and Len Andrychuk, Q.C.

Strom v Saskatchewan Registered Nurses' Association, 2020 SKCA 112

Social media raises complex and challenging issues for all professional regulators. Professional regulators must maintain dignity, civility and professionalism among their members - while balancing their obligations to respect a professional's entitlement to a personal life and to uphold his/her fundamental rights under the Canadian Charter of Rights and Freedoms.

A recent decision of the Saskatchewan Court of Appeal provides valuable insight into a professional regulator's responsibilities when assessing the propriety of a member's online conduct.

Background - Saskatchewan Nurse Criticized Care Home on Social Media

The Saskatchewan Court of Appeal recently overruled a decision by the Saskatchewan Registered Nurses' Association (SRNA), which had found a nurse guilty of professional misconduct as a result of comments made online.

Ms. Strom, a registered nurse in Saskatchewan, had posted criticisms on her personal Facebook page about the care her grandfather received in his last days at a care home. Her initial post also included a link to a newspaper article about end-of-life care. She then tweeted the posts to Saskatchewan's Minister of Health and the Saskatchewan Opposition Leader.

The SRNA subsequently charged her with professional misconduct and ultimately found her guilty. This decision was initially upheld in the Court of Queen's Bench before being overturned by the Court of Appeal.

The Appellate Court found that the SRNA failed to consider all of the circumstances when determining whether Ms. Strom's off-duty actions rose to professional misconduct and that the decision unjustifiably infringed Ms. Strom's freedom of expression.

For more information about the decision and analysis of the case, read our "Regulating Professionals on Social Media" blog.

When is Social Media Subject to Professional Discipline?

Most professional regulators routinely remind and educate their members on the importance of maintaining professionalism on social media. It is well established that professionals who post inappropriate, unprofessional content on social media can be subject to professional discipline.

However, the Strom case serves to remind professional regulators that this discretion is not without limit, and they must bear proper legal considerations in mind when rendering a decision to avoid the risk of being overturned on appeal or subject to judicial review in the courts.

Disciplinary...