A constitutional rights group is threatening legal action against British Columbia’s financial services regulator after a Langley realtor was cautioned over social media posts criticizing indigenous land claims and restrictions on public access to a provincial park.The Canadian Constitution Foundation (CCF) said it has sent a legal warning to the BC Financial Services Authority (BCFSA), demanding it remove a caution letter issued to realtor Corbin Chivers from his regulatory file.The dispute stems from online comments Chivers made about indigenous land claims and the closure of Joffre Lakes Provincial Park to non-indigenous visitors.The BCFSA sent Chivers a caution letter on June 22 describing his comments as “polarizing,” “inflammatory” and “discriminatory,” according to the CCF.The regulator also warned the comments could bring the real estate industry into disrepute.The CCF argues the regulator's action infringes Chivers' freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms.CCF Litigation Director Josh Dehaas and counsel Alexander Surgenor have given the BCFSA 30 days to remove the caution letter. The organization said it could take the matter to the Supreme Court of British Columbia if the regulator refuses.“Canadians do not surrender their freedom of expression when they choose a regulated profession,” Dehaas said.“Professional regulators cannot use their power over someone’s career to restrict political speech that has nothing to do with their work.”The CCF maintains Chivers' comments were political expression unrelated to his professional activities as a realtor and argues regulators should not be able to discipline professionals for expressing controversial opinions outside the workplace..Surgenor said the dispute could have implications beyond the real estate industry.“If Canadians risk their professional standing every time they express a controversial political opinion, many will simply stay silent,” he said.“Keeping quiet about politics should not be a condition of earning a living.”The CCF has also launched a petition and fundraising campaign to support Chivers and its potential legal challenge.The organization describes itself as an independent, non-partisan registered charity that defends Canadians' constitutional rights and freedoms through litigation and public advocacy.
