Josh Dehaas: B.C. realtor defends his free speech against intrusive regulatory body - National Post
A social media post by B.C. real estate agent Corbin Chivers that landed him in hot water with his professional regulator. Photo by callcorbinteam/InstagramArticle contentA British Columbia regulator has withdrawn a caution letter sent to a realtor, accusing him of engaging in professional misconduct for posting his political opinions on social media. This decision ought to be a reminder to professionals across the country that, although they do need to be careful when they offer their opinions, they do not give up their free speech entirely when they join a profession.
On June 22, the B.C. Financial Services Authority (BCFSA) sent Corbin Chivers a caution letter in response to two posts he made on Instagram. In the letter, the BCFSA called Chivers’ comments “polarizing,” “inflammatory” and “discriminatory,” and cautioned that his words could bring the real estate industry into disrepute. It suggested Chivers could be disciplined if he made more such posts in the future. This was a clear attempt to censor him.
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The posts in question were critical of policy related to Indigenous peoples, but they clearly didn’t constitute professional misconduct. The first post said: “Bands are chasing endless land claims on top of the cash handouts, demanding compensation and control without any end in sight. This isn’t fairness … it’s the opposite of reasonable treatment.
“Worse, they’re the ones blocking major resource projects across the country, killing off billions in potential revenue. Ironic, right? They demand the money but sabotage the very developments that could generate it to pay them.”
The second post was made regarding the decision to close Joffre Lakes Provincial Park to non-Indigenous visitors. It stated: “Wrong skin colour? Stay out. This isn’t reconciliation. This is racist segregation with better marketing.”
These comments are quintessential political expressions. Making space for political debate is one of the fundamental reasons the Charter of Rights and Freedoms protects freedom of expression. They may be offensive to some people, but the Supreme Court of Canada has said that there is no right not to be offended in Canada. We simply can’t govern ourselves peacefully if those in power, including state-empowered regulators like the BCFSA, can shut down speech because some find it offensive.
