Regulator needs to be regulated: Body that disciplines doctors in Ontario oversteps jurisdiction

01/12/2022 / By Olivia Cook

The College of Physicians and Surgeons of Ontario (CPSO), the body that regulates and disciplines doctors in the province, had initiated legal action with the Ontario Superior Court of Justice against Drs. Mary Elizabeth O’Connor, Mark Raymond Trozzi, Celeste Jean Thirlwell, Rochangne Kilian and Patrick Phillips.

CPSO said the interim orders were “issued under provisions of the Regulated Health Professions Act, which allow the regulator to impose restrictions or conditions on a member’s license if it believes the conduct at issue exposes or is likely to expose patients to harm or injury.”

The Superior Court of Justice was asked by the medical regulator to issue orders compelling them to “fully cooperate with their investigation, including providing medical charts and patient information, allowing investigators to enter their offices and allowing them to copy necessary documents or remove them.”

According to CPSO, O’Connor refused to provide the documents requested by the investigators. O’Connor referred to the Wuhan coronavirus (COVID-19) vaccines as gene therapy experiments, and took the position that CPSO must advise if it knows the ingredients of the gene therapy experiments that are being administered to humanity “without informed consent.”

Michael Winwood, O’Connor’s lawyer, said: “There was no malpractice or incompetence involved and the doctor would fight the case in court.” A hearing was set for early January.

Kilian, an emergency room physician, was a vocal opponent of COVID-19 vaccines and lockdown measures. CPSO claimed it had received information that Kilian provided medical exemptions through Enable Air, a website that facilitated the purchase of vaccination exemptions. Kilian said CPSO does not have jurisdiction to request patient lists and patient charts.

Egg House Media reported that Kilian resigned from her post because she knew that the Grey Bruce Health Services (GBHS) and the Ontario health system were “practicing unethical behavior,” particularly the championing of COVID-19 vaccines that seemed to do more harm than good.

In a virtual meeting with Gary Sims, CEO for GBHS, and other key staff members, Kilian brought up the issue of “coercive mentality being imposed on people” to receive the COVID-19 shots that were technically still in clinical trials.

Kilian reminded Sims and the other GBHS key staff members that under the Tri-Council Policy Statement, “protocols concerning the health and safety of patients should still be observed even during a pandemic.” The Tri-Council Policy Statement is a set of guidelines established by the federal government of Canada regarding the ethical conduct of research involving humans and/or human biological materials.

She also reiterated that an emergency situation like the coronavirus pandemic, “does not warrant taking shortcuts” that could lead to the detriment of people who are relying on the GBHS for medical care and assistance. Kilian added that if these protocols are not appropriately observed, “the GBHS is patently condoning a violation of the Tri-Council Policy Statement.”

In October 2021, CPSO suspended Kilian’s medical license, stopping her from practicing medicine entirely, after previously barring her from issuing medical exemptions from COVID-19 vaccines.

In the case of Thirlwell, a sleep therapist based in North York, CPSO alleged that she threatened to resist the medical regulator’s investigators “physically by private security” if they attempt to obtain records from her office. She also stated that the CPSO “lacked jurisdiction to police medical exemptions.”

Trozzi, who practices in Bancroft, had earlier been ordered by CPSO to stop issuing medical exemptions in relation to COVID-19 vaccines, masks or tests. (Related: What’s next on the ABSURD COVIC-19 “medical” technology chopping block?)

He said the CPSO does not have a legal basis to request patient lists and charts, adding that “an Ontario doctor is free to provide medical exemptions relating to COVID-19 vaccinations as he or she sees fit.” In October last year, Trozzi was prohibited from issuing any COVID-related exemptions.

Phillips, a family doctor based in the rural community of Englehart, had been barred by the CPSO for allegedly spreading misinformation about the ongoing coronavirus pandemic on his Twitter account, which has nearly 40,000 followers.

The CPSO said allegations of “incompetence and disgraceful, dishonorable conduct” against Phillips have been referred to its disciplinary tribunal. A hearing date has not been set.

Canadian doctors follow ethical standards rather than CPSO

The CPSO had previously urged doctors to be selective in issuing exemptions to COVID-19 vaccines. However, many doctors in Ontario chose to follow their profession’s ethical standards.

In December, civil and criminal litigator Paula Trattner told the Global and Mail reporter Carly Weeks that legal challenges can be expected to be brought forward by individuals who got fired for not complying with an employer’s vaccination mandate.

She noted that Canadian law “protects an individual’s freedom of religion or belief, subject to reasonable limits.” Paula and other legal experts say that in the context of a public health crisis, such “limits could include an employee’s request to refuse vaccination as that decision could put others at risk.”

VoterVoice posted an urgent campaign, calling on CPSO to stop harassing and intimidating the doctors, who “provided legitimate exemptions” from the COVID-19 vaccinations. The message also requested that they “not be subjected to any politically motivated investigations but instead, be allowed to practice medicine” in the province.

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