Regulating Professionals On Social Media

To what extend do professionals have the right to express their personal views outside of their professional lives?

In the recent decision of Strom v Saskatchewan Registered Nurses' Association, 2020 SKCA 112, the Saskatchewan Court of Appeal provided further clarity regarding the degree of analysis expected of professional regulators in assessing whether a member's off-duty comments amounts to professional misconduct.

Background

Carolyn Strom, a registered nurse was licensed by the Saskatchewan Registered Nurses' Association (“SRNA”). While on maternity leave, and following the death of her grandfather, Ms. Strom posted critical comments on Facebook about the level of care received by her grandfather in his final days at a long-term care home and long-term care in general. Ms. Strom also posted a link to an article about end-of-life care and tweeted the posts to the Saskatchewan Minister of Health and the Saskatchewan Opposition Leader.