FACTUM OF THE INTERVENER, CANADIAN CIVIL LIBERTIES ASSOCIATION
17 April 2023
The public interest in the context of professional regulation is not the public interest writ large—it is limited to the public interest as it relates to the particular professional practice. [...] Where it is established that the speech falls within the core regulatory function and is subject to regulatory authority, the professional regulator must still meet the requirement of proportionality to justify any limitations on freedom of expression under the Charter. [...] The obligation to regulate professions in the public interest derives from the vulnerable position of patients and clients in the professional relationship, as well as the high degree of trust the public places on the advice of professionals and society’s dependence on the competent delivery of professional services.7 It is imposed as a condition on the privilege of self-regulation, to ensure that. [...] On the other end of the spectrum is expressive activity that occurs outside of the professional relationship, involving matters that are unrelated to professional practice or the specialized knowledge of the profession. [...] This requirement is consistent with the direction in Vavilov to ensure a rational chain of reasoning that exhibits the goals of “justification, transparency and intelligibility”.15 Under Doré, the professional regulator must clearly identify the harm to the competent delivery of services or public confidence in the profession and articulate how the remedy will rectify that harm in a way that restr.