Human Rights Complaints Filed by BC Nurse Accused of Misconduct on Transgender Ideology Remarks

2025-08-26

Human Rights Complaints Filed by BC Nurse Accused of Misconduct on Transgender Ideology Remarks

Aug 26, 2025 | Blog, General News

 

Human Rights Complaints Filed by BC Nurse Accused of Misconduct on Transgender Ideology Remarks

Amy Hamm, a Vancouver nurse and mother of two, has filed two human rights complaints with the British Columbia Human Rights Tribunal, over discrimination by her former employer, Vancouver Coastal Health (VCH), and the British Columbia College of Nurses and Midwives (BCCNM).

The complaints are in response to her professional discipline and termination, over public comments she made.

Ms. Hamm worked in healthcare for over 13 years without any disciplinary issues. Recently, she has faced escalating criticism after she co-sponsored a Vancouver billboard in September of 2020 that read, “I ♥ JK Rowling” referencing the author’s support for women’s rights and female-only spaces.

Ms. Hamm’s public statements, made off-duty, included statements that biological sex cannot be changed and that policies should support this, to protect women’s safety and privacy. Her comments, shared on social media sparked backlash, including complaints from non-patients and a campaign activists from the group Care Not Cops, who publicly demanded her dismissal.

Ms. Hamm’s first complaint targets VCH, which suspended her in May of 2024 and terminated her in March of 2025, following a 10-month investigation. VCH justified their decision, stating Ms. Hamm’s beliefs caused “harm to individuals” and risked reputational damage.

Ms. Hamm’s legal team, supported by the Justice Centre for Constitutional Freedoms (JCCF), argued that her termination violated her right to express political beliefs, a protected ground under BC’s Human Rights Code. They maintain her off-duty speech did not affect her professional conduct, particularly as she never received patient complaints and had worked respectfully with transgender patients.

The second complaint addresses the BCCNM’s disciplinary actions. Following a 23-day hearing (spanning 18 months), the college found Ms. Hamm guilty of unprofessional conduct for four statements she had made between 2018 and 2021, in which she identified herself as a nurse. The BCCNM deemed her comments “discriminatory and derogatory”, claiming that they undermined the nursing profession’s ‘commitment to equitable care’.

The college imposed a one-month suspension of her nursing license and levied a $93,639.80 fine against her for legal costs, prompting an appeal of the ruling to the BC Supreme Court.

Her legal team argues that their decision infringes on her Charter-protected freedom of expression, that professional regulators should not police off-duty speech or enforce specific views.

This case highlights growing conflict between individual rights and professional obligations. Lawyer, Lisa Bildy, argues that her beliefs align with scientific evidence and are protected under Canadian law.

The BCCNM argue that her statements could ‘erode public trust in healthcare’. The college maintains that nurses must uphold ‘non-discriminatory principles’, even outside work.

Ms. Hamm seeks reinstatement, a public apology, a declaration of discrimination, and monetary compensation.

Bildy also emphasized that gender-critical beliefs have yet to be clarified or acknowledged by tribunal in Canada, making Amy’s case a potential precedent. The outcome of this case could change how Canada navigates freedom of expression in a regulated profession, potentially affecting all professionals voicing controversial opinions.

Public trust in healthcare is at an all-time low in Canada; it has nothing to do with those speaking out and everything to do with those trying to silence them. People have woken up and have lost faith in our healthcare system as a result of what they are seeing and experiencing every day.

When activists have the power to remove someone’s livelihood, despite a flawless professional record, we have a profoundly broken system.

Stand with us in support of all who have had the courage to speak the truth and fight for the rights and freedoms of all Canadians.

To read more about this case, visit the Justice Centre for Constitutional Freedoms by clicking here 

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