Carolyn Strom, right, and her lawyer Marcus Davies, spoke to the media at the Coronet Hotel Tuesday afternoon. (Ian Gustafson/paNOW Staff)

By Glenn Hicks

freedom of speech

P.A. nurse wins appeal regarding health care social media comments

Oct 6, 2020 | 4:56 PM

A Prince Albert nurse says she’s relieved following an ultimately successful legal battle with her professional association over social media comments she made.

Carolyn Strom spoke to reporters following today’s unanimous Saskatchewan Court of Appeal ruling that found in her favour. The court set aside the initial decision by lower courts that had found in favour of the Discipline Committee of The Saskatchewan Registered Nurses’ Association (SRNA), that Strom’s Facebook post constituted professional misconduct.

“Now I can look forward instead of backwards, which is what I’ve had to do the last five years,” she said at a media conference at a P.A. hotel this afternoon. “So, I’m really looking forward to moving forward.”

Strom was fined $26,000 by the SRNA for a comment she made on Facebook in February 2015. She criticized the palliative care her grandfather received at a care home in Macklin, Saskatchewan. In the post, Strom said some of the care was “less than desirable.” She urged anyone with concerns about care at the facility to report anything they did not like saying “that’s the only way to get some things to change.” The post was public and Strom also sent it to the health minister.

Carolyn Strom spoke to the media following the Saskatchewan Court of Appeal’s ruling in her favour. (Ian Gustafson/paNOW Staff)

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The SRNA felt Strom violated confidentiality and argued she should have complained through proper channels rather than publicly on social media. It found her guilty of professional misconduct and Saskatoon’s Queen Bench Justice J. Currie upheld that decision.

Strom, who was on maternity leave when she made the comments, said the ruling, and the fines, infringed on her right to freedom of expression. She argued the rules applying to registered nurses only apply when they are working.

In his 59-page ruling handed down today, and in finding the SRNA Discipline Committee erred, the Honourable Mr. Justice Barrington-Foote said, in part, “the publication of a balanced Facebook post by a registered nurse about the need for improvement in the overall quality of palliative care provided by Saskatchewan nurses, without naming names or identifying a particular institution – would not justify a finding of professional misconduct.”

Barrington-Foote added, in part, “the freedom to criticize services extends equally to public services. Indeed, the right to criticize public services is an essential aspect of the “linchpin” connection between freedom of expression and democracy.

“Ms. Strom posted as a granddaughter who had lost one grandparent and was concerned for the future of another. That fact was front and center for a reader of the posts,” the decision said.

Fears over future rights to complain

Strom’s lawyer, Marcus Davies called the outcome a win on many fronts.

“Today we had a win that will resound for professionals and registered nurses across the country, and ultimately for senior citizens and anyone in the care of health professionals across the country,” he said.

“If the thin end of the wedge the SRNA was trying to get away with here had succeeded, I would fear for the ability of doctors to talk about health care, for lawyers to talk about legal reform, for dentists to talk about health care, [for] doctors, paramedics.”

Justice Barrington-Foote stressed at the conclusion of his ruling, that like the discipline committee, he had made no findings as to whether those employed at St. Joseph’s care home in Macklin failed to provide appropriate care to Strom’s grandparents.

“Nor have I made any findings as to whether any of the staff at St. Joseph’s were ill-trained, lacked compassion or were there only for the paycheque,” he wrote.

After the long legal battle, Strom said she was just looking forward to getting on with her life.

“I’m looking forward to being able to be a mom to my two daughters, a wife to my husband, and continuing with my nursing career. I work in the public health unit here [Victoria Hospital in P.A], and we are really busy with this pandemic,” she said.

paNOW reached out to the SRNA for comment. In an email a spokesperson said, ”we will be providing a response to the decision in the coming days; however, we need time to analyze the decision and study its repercussions. We will be available to answer questions at that time.”

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UPDATE (Nov.6) In an email to paNOW, the Investigations Committee of the SRNA said it had decided to accept the decision of the Saskatchewan Court of Appeal. Therefore, no further action will be taken.

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With files from Ian Gustafson

glenn.hicks@jpbg.ca

On Twitter:@princealbertnow