Nurse Amy Hamm to take case to provincial Supreme Court after BC College of Nurses and Midwives suspends license, fines her $93,000 over saying men aren't women

Vancouver nurse Amy Hamm has been ordered to pay over $93,000 and will have her nursing license suspended for one months after the British Columbia College of Nurses and Midwives (BCCNM) ruled in March that she committed "unprofessional conduct" in her comments defending women’s rights. She has appealed the case to the Supreme Court of British Columbia.

Per the Justice Centre for Constitutional Freedoms, Hamm has been ordered to pay $93,639.80 in legal costs. The BCCNM’s Discipline Committee wrote that the penalty handed down to Hamm is "reasonable and necessary" and not "punitive." They said that the punishment was also not "so high that it will deter others from raising reasonable defences."

Hamm said in a statement regarding the ruling, "The College has chosen to punish me for statements that are not hateful, but truthful. I’m appealing [to the BC Supreme Court] because biological reality matters, and so does freedom of expression. I want to express my thanks to the thousands of Canadians who continue to fund my legal case through donations to the Justice Centre."

She added in a post to social media, "They call you transphobic for standing up for women. They tell you that you must publicly declare yourself guilty, and accept punishment. You refuse. They drag you through years of abusive lawfare. They bill you $100,000 for your own persecution. F*CK YOU [BCCNM]."

The BCCNM’s disciplinary panel found Hamm guilty of "unprofessional conduct" in March after she put up a billboard that stated “I [heart] JK Rowling in 2020, and made statements online in defense of women’s rights. Her statements were viewed as "discriminatory and/or derogatory." The panel took issue with articles written by Hamm and a podcast appearance she did in which she identified herself as a nurse while making the "discriminatory and derogatory comments."

Hamm's comments deemed "discriminatory and derogatory" included "trans activists determined to infiltrate or destroy women-only spaces," and "the falsehood that babies can be 'born in the wrong body' or that humans can change their sex."

Later that same month, Hamm was fired from Vancouver Coastal Health without severance.

In late May, British Columbia College of Nurses and Midwives (BCCNM) attorney Michael Seaborn requested that Hamm be forced to pay $163,053 in legal fees and her license be suspended for three months.

Hamm has filed human rights complaints against Vancouver Coastal Health (VCH) and BCCNM. The complaint against VCH alleges that she was terminated from her position because of discrimination based on her political beliefs.

Her lawyer, Lisa Bildy, said in regard to Hamm’s appeal to the Supreme Court of British Columbia over the BCCNM’s unprofessional conduct ruling, "In our view, the panel made a number of legal and factual errors that make the decision unsound, and we look forward to arguing these points before the BC Supreme Court. We are now considering whether to appeal the penalty decision as well."

"This decision effectively penalizes a nurse for expressing mainstream views aligned with science and common sense," she added. "The Panel’s ruling imposes a chilling effect on free expression for all regulated professionals."