B.C. nurse appeals disciplinary decision over transgender comments

A B.C. nurse is appealing a decision by her professional regulator that found she committed unprofessional conduct for making "discriminatory and derogatory statements" about transgender people.

In a petition filed in B.C. Supreme Court Monday, Amy Hamm alleges a disciplinary panel of the B.C. College of Nurses and Midwives made several legal errors in its March decision.

The panel found Hamm's statements made across "various online platforms" between July 2018 and March 2021 were partly designed "to elicit fear, contempt and outrage against members of the transgender community." 

The decision said Hamm publicly identified herself as a nurse or nurse educator while making statements that were mostly "untruthful and unfair," challenging the "existence of transgender women" and advocating for less "constitutional protection" for them. 

Hamm told the college disciplinary panel that she is not transphobic, but rather concerned about the impact of gender identity and ideology on the rights of women and girls. 

Alleged legal errors

In her application to reverse the disciplinary panel's decision, Hamm argues the panel "erred in law, or mixed law and fact, by favouring one 'marginalized' group over another and demeaning women's rights and protections" contrary to the Charter of Rights and Freedoms.

Hamm also alleges the panel erred in connecting her profession to her "off-duty gender critical advocacy" and expanding the scope of the term "discriminatory" to include disagreeing with gender ideology.

Hamm did not respond to a request for comment from CBC News. The college said it's aware Hamm has filed an appeal and that it can't comment further.

In its original decision, the panel found Hamm's statements were targeted toward "vulnerable and marginalized" people and her comments may deter transgender people from accessing the health-care system. 

The decision said the statements included an online article identifying Hamm as a nurse educator where she claimed that transgender activists wanted to "infiltrate or destroy" spaces designed for women only.

"By identifying herself as a nurse or nurse educator while posting discriminatory and/or derogatory opinions regarding a vulnerable and historically disadvantaged group on various online platforms, [Hamm] undermined the reputation and integrity of the nursing profession," the panel wrote in its decision.

The panel said Hamm can share her views but not while identifying her professional affiliation as a nurse.

Hamm has received supportive statements from several followers, including author J.K. Rowling. Hamm helped pay for a billboard in Vancouver supporting Rowling after she shared her views on gender identity online.

'I'm not transphobic'

Throughout the disciplinary hearing, Hamm testified that her advocacy was meant to protect women and children in sex-segregated spaces.

"I'm not transphobic. I don't have any issue with trans people — it's the infringement on women and children's rights," Hamm told the college disciplinary panel.

She said she completely rejects the concept of gender identity, calling it "anti-scientific, metaphysical nonsense," and on social media posts has referred to transgender women as men.

Nonetheless, Hamm told the panel that she always uses people's preferred pronouns at work, because that is her employer's policy.

"Whether or not I agree with certain policies, I limit my advocacy for changing policies to outside of work," she said.

Since the hearing, Hamm has written several columns for a variety of media outlets on multiple issues, including politics and crime, as well as sex and gender.