Is It Safe To Speak Up?

Is it safe to speak up against a Society, a Union, an Association, or other large Not For Profit organization in a position of power and authority?

While we may face belligerent, arrogant, misinformed, ableist, and gaslighty responses from the comments section, we should not be fearful of retribution or threats of legal action if and when we speak up and point out our association is not in compliance with the bylaws and Act.

The Societies Act, governs all unions and associations in BC including our Association, the RMTBC. And, their bylaws can't conflict with it.

Can a Society "assert themselves" against a person for pointing out they are not in compliance with their own bylaws?

No, the Society’s Act prohibits the society, it’s directors, senior managers, and agents from asserting themselves against any person who points out they’re in violation of their bylaws or holds them accountable to their bylaws.

Societies Act
Part 2. Division 1.
Persons may rely on authority of societies and directors, senior managers and agents
8 (1) Subject to subsection (2), a society may not assert against a person dealing with the society that
(a) the bylaws of the society have not been complied with,

In this context, “Assert” means to make any claim or demand, or to enforce, bring, file or serve any claim, demand, counterclaim, suit, action and/or cause of action before any legal, judicial, arbitration, administrative, executive, governmental or other body.

They can not use forceful means to assert themselves against a person who points out the bylaws have not been complied with.

This means the can't use threats of legal action as a means of silencing or preventing a person from discussing or pointing out their bylaws have not been complied with. Conflicts of interest, lack of disclosure, and failing to meet their objectives are all examples of bylaw items.

Furthermore, extortion is an actual crime in this country.

Criminal Code
Section 346. (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

This means that it is an offence for ANYONE - including a person, clinic owner, manager, administrator, etc - to threaten legal action against you as a means to get you to do anything.

As soon as legal action is a motivator to get you to remove a post from social media, work in or away from a certain area, or stop you from talking about a certain issue, it is extortion. And our profession is ripe with it. It’s unacceptable, and It needs to stop.

I have received 12 messages in the last year alone from colleagues scared into leaving their community practice, during a time of healthcare shortage, over these types of threats. Our profession is ripe with it, and it needs to stop.

Be brave and speak up if you see something happening that you know is wrong, think is wrong, or mistakes you see being made.