On November 23rd, 2022, at 9 a.m., there will be a motion hearing in Ontario that could be a game-changer for doctors in that province, their patients, all residents of Ontario, and ultimately all Canadians.
Doctors in the province of Ontario have been practicing their profession under a cloud of fear, threatened with the loss of their license if they violate the diktats of their governing body, the College of Physicians and Surgeons of Ontario (CPSO). The term diktat is deliberately used. The mandate of the CPSO is to act in the public interest, as legally defined. Its two primary concerns are to ensure that practicing doctors are properly qualified and that these doctors prevent patient harm.
But as lawyer Michael Alexander argues in an interview with Dr. Sam Dubé, the College has forgotten about preventing patient harm and has developed an ideological view about what its powers are and what medical science is. It has gone after doctors without regard for patient harm and patient outcomes. It has gone outside of its legislative mandate. Alexander faults the legal department of the Registrar of the CPSO, who argue cases as if they were arguing for multinational corporations. He says they do not act in the public interest but rather are concerned with maintaining power and legitimizing their own position.
The Bone of Contention: Medical Practice Around Covid-19
The motion hearing on November 23rd concerns a challenge by three doctors to the College’s directives concerning the treatment and prevention of Covid-19. Specifically, Ontario doctors are not permitted to (1) say anything against public health orders, and recommendations, (2) provide medications other than those specifically approved by the College to treat Covid, and (3) write exemptions for a vaccine except in extreme cases. Doctors disobeying those directives risk losing their license to practice medicine.
Alexander is representing the three doctors who have run afoul of the CPSO and are challenging its directives: Drs. Mark Trozzi, Patrick Phillips, and Crystal Luchkiw. As announced in a Litigationworks press release of November 19th, the CPSO has granted his clients an unprecedented opportunity to challenge the College’s efforts to dictate how doctors should practice medicine in relation to Covid-19. In addition, the upcoming hearing before the CPSO’s Discipline Tribunal is unique in that it brings together doctors facing separate discipline hearings in one motion hearing to deal with the fundamental legal issues common to all their cases.
Alexander will argue that the College lacks the authority to impose those restrictions on doctors and patients. Furthermore, even if the College had the legal authority, these restrictions are in violation of the right to freedom of expression and the right to life, liberty, and security of the person as guaranteed under the Charter of Rights and Freedoms. The College, he says, has become the leading arm of the government narrative in imposing restrictions.
CPSO’s Directives Causing Stress to Conscientious Doctors
Michael Alexander says that if they are successful in their arguments, the prosecution of doctors will end. Even though the ruling will apply only to the three cases before the Tribunal, the issues are in play with at least 7,200 other doctors in Ontario who are being prosecuted and investigated. Furthermore, he says, the ruling will affect not only doctors involved with Covid issues but many others because the College habitually goes on “fishing expeditions” and writes investigation orders that don’t meet the standards of probable grounds for an investigation.
If this case is successful, Alexander believes there will be litigation in other provinces. Because what has been happening in Ontario with regard to the enforcement of Covid-related mandates has also been happening in other provinces.
Dr. Mary O’Connor: a Case Study in CPSO Power over the Rights of the People
Dr. Mary O’Connor, from Ottawa, is a case study of the horror and abusiveness of government mandates concerning the treatment of Covid,, the imposition of vaccines, and the enforcement of those mandates by the CPSO. Dr. O’Connor practiced medicine for 51 years, 44 of them as a sole practitioner. For much of her career, she worked as a general practitioner, but for the last 13 years, she had been working in the area of mental health. Many of her former patients are homeless or have addictions.
In October 2021, the CPSO became aware that O’Connor had been writing exemptions for many of her patients. It wanted to obtain the names and charts of those patients, which she refused to provide. The College assigned a team of four investigators to her. O’Connor asked a friend to stand guard in her office, locking the door between patients. But one day, when O’Connor was not there, the friend forgot to lock the door. The investigating team entrapped him in a board room while one searched O’Connor’s office for patient charts. Fortunately, she had already removed them.
On November 5th, the College issued an order forbidding O’Connor to write exemptions. But O’Connor’s lawyer did not give her the letter until November 24th. On November 22nd, she received a call from a woman seeking an exemption, which she granted. The woman turned out to be a private investigator. In addition to much other harassment, O’Connor’s medical license was suspended on December 23rd, 2021.
On January 7th, 2022, the CPSO’s case against O’Connor was heard by an Ontario Superior Court via Zoom. O’Connor’s accusers did not have to face Mary: their faces were blacked out. The judge ruled against her in favor of the College, agreeing that patients did not have the right to choose their medical treatment nor to keep their patient records private. As Dr. O’Connor is still refusing to hand these records over to the CPSO, she now faces a possible jail term.
More details about O’Connor’s case can be found in this article which features an August 1st, 2022, interview with the RAIR Foundation USA, and in this article, which features a speech she gave near Parliament Hill in September.
Huge Public Interest Leads to GPSO Providing a Link to Attend the Hearings
The case of the three doctors who will be represented by Michael Alexander has generated such great public interest that the CPSO has made a link available for the public to view online. On Wednesday, November 23rd, you will be able to listen to the case on YouTube here.