A B.C. government regulator is being threatened with a Charter lawsuit after placing a formal caution on a realtor’s file over political opinions he expressed on social media about race-based restrictions on a provincial park. 

The Canadian Constitution Foundation has demanded that the B.C. Financial Services Authority remove the June 22 caution issued to Langley realtor Corbin Chivers.

Chivers’ disputed posts concerned Indigenous land claims and the closure of Joffre Lakes Provincial Park to non-Indigenous visitors. They were published on his personal social-media accounts and were unrelated to his work as a realtor.

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According to the CCF, the BCFSA described Chivers’ comments as “polarizing,” “inflammatory” and “discriminatory.” The regulator warned that the posts could bring the real-estate industry into disrepute.

The civil-liberties group argues that the warning violates Chivers’ freedom of expression under section 2(b) of the Charter.

“Canadians do not surrender their freedom of expression when they choose a regulated profession,” said CCF litigation director Josh Dehaas. “Professional regulators cannot use their power over someone’s career to restrict political speech that has nothing to do with their work.”

The CCF has given the regulator 30 days to remove the caution from Chivers’ file. If the BCFSA refuses, the organization says it will consider launching proceedings in the B.C. Supreme Court.

Lawyers, teachers and other regulated professionals could face similar pressure if regulators are permitted to police controversial political opinions expressed outside the workplace.