A Saskatchewan nurse charged with spreading misinformation has been cleared in a disciplinary hearing by the province's nursing college.The College of Registered Nurses of Saskatchewan (CRNS) recently ruled in favour of nurse Leah McInnes. The Investigation Committee of the CRNS charged McInnes with spreading “misinformation” because she had voiced her concerns about vaccine mandates. McInnes faced closed disciplinary hearings last October and November.The Justice Centre for Constitutional Freedoms represented McInnes and said her vindication was beneficial to a wide body of professionals.“This is a significant victory for free expression and democratic participation. Nurses, doctors, psychologists, teachers, lawyers, engineers and all Canadians who work in a regulated profession have the freedom to advocate for their beliefs and should not face threats from their own professional association or professional regulator,” stated John Carpay, president of the Justice Centre.McInnes had been charged by the CRNS’s Investigation Committee for her social media advocacy and for protesting vaccine mandates. The committee alleged that her advocacy, including her use of the common term “vaccine mandate,” amounted to “misinformation." The committee said a sign McInnes made that read, “RN against Mandates and Vax Passports" was also deceptive misinformation.The Justice Centre said McInnes's advocacy "was measured and balanced" and was "guided by her conscience and professional ethics, notably, her respect for bodily autonomy and informed consent."The a mother of two, a Registered Nurse in Saskatchewan since 2013, had supported vaccines as an important tool in COVID-19-management efforts. She also drew attention to emerging scientific evidence regarding viral loads and transmission which showed that COVID-19 vaccines did not eliminate transmission. She also opposed vaccine mandates as a violation of personal autonomy and informed and voluntary consent.On June 30 2021, the Saskatchewan government indicated that it would not enforce a vaccine mandate because doing so would pose a “potential violation of health information privacy,” and, later, that it would “infringe on people’s personal rights.”The Saskatchewan government also stated a vaccine mandate for provincial employees was not being considered and, on September 10 2021, rejected a proof-of-vaccination system, stating that mandates create “two classes of citizens based on… vaccination status,” and would be a “divisive path for a government to take.” Similar sentiments were echoed by Alberta's Jason Kenney and Ontario’s Doug Ford, who claimed it would lead to a “split society.” Around the same time, the Saskatchewan Union of Nurses was calling for the “mandatory immunization” of all healthcare workers, a demand repeated by Saskatchewan NDP leader Ryan Meili and a group of Saskatchewan Health Authority’s Medical Health Officers.On September 26 2021, a nurse filed a complaint against McInnes to the College of Registered Nurses of Saskatchewan (CRNS). Days later, on October 1, the Saskatchewan government imposed a vaccine mandate for businesses, workplaces and other public venues. The mandate ended February 14 2022.The Code of Ethics for Registered Nurses of the CRNS, says, “Nurses support a climate of trust that sponsors openness, encourages the act of questioning the status quo and supports those who speak out in good faith to address concerns.”However, after an investigation, the CRNS proposed that McInnes enter into an agreement, which would result in her admission to professional misconduct for such activities, which she declined.On March 28 2023, the CRNS filed a Notice of Hearing formally charging McInnes for professional misconduct pursuant to section 26(2)(l) and (q) of The Registered Nurses Act, 1988.In 2020, in the Saskatchewan Court of Appeal’s decision in Strom v. Saskatchewan Registered Nurses’ Association, the court overturned a discipline committee’s finding of professional misconduct against Carolyn Strom, a registered nurse from Prince Albert. She had made social media posts criticizing a long-term care facility for its treatment of her grandfather, now deceased.“Such criticism, even by those delivering those services, does not necessarily undermine public confidence in healthcare workers or the healthcare system. Indeed, it can enhance confidence by demonstrating that those with the greatest knowledge of this massive and opaque system and who have the ability to effect change, are both prepared and permitted to speak and pursue positive change," the decision explained."In any event, the fact that public confidence in aspects of the healthcare system may suffer as a result of fair criticism can itself result in positive change. Such is the messy business of democracy.”
