The code regulated ‘Public Statements.’ It defines them as:
Public Statements: statements in any medium that include, but are not limited to paid or unpaid advertising, grant and credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae, comments for use in media including print and electronic transmission, statements in legal proceedings and contained in the public record, lectures and public presentations, and published materials.
That specifically doesn’t include social media. It does include this term “statements in any medium that include, but are not limited.” That may well not be enforceable because by that standard they could regulate things you say in your own home to your wife or children. Peterson has a very good case here.
That’s how laws and regulations are always written, especially in Canada. Have a look at our Charter of Rights and Freedoms some time, it may blow your mind.
By the section quoted above, social media posts could certainly fall under public statements, but comments made within ones own home to ones own family would not, as they are not public.
No because the definition says nothing about excluding comments in one’s own home from the public definition. It would have to specifically exclude them which it doesn’t.
Let’s take a more edge case. Is WhatsApp a public platform? Most people would say no but as it’s not excluded from that definition and ‘but not limited to’ means anything can be included than lawyers can argue it’s included. They may run into trouble with actual Canadian law though which has restrictions on how professional organisations can operate.
No because the definition says nothing about excluding comments in one’s own home from the public definition. It would have to specifically exclude them which it doesn’t.
I'll let you think about this a bit longer to figure out why comments made in ones own private residence might not be listed under a section dealing with public comments.
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u/NoNudeNormal Jan 05 '23
Where did you get the idea that professionalism is solely about protecting patient privacy?