James Kitchen is an Alberta-based lawyer and Chief Litigator at Liberty Coalition Canada (LCC) — an organization dedicated to upholding liberty, human rights and constitutional freedoms.
Kitchen began representing Dr. Curtis Wall, a chiropractor in Calgary, through the Liberty Defense Fund, when Wall was facing threat of having his licence suspended by the College for exercising a medical mask exemption.
“Dr. Wall tried to comply with [the mask mandate] but he discovered that it caused claustrophobia and anxiety,” details Kitchen. “It’s a common symptom of masks and we now know why — that the oxygen deprivation and carbon dioxide toxicity causes those symptoms in a lot of people.”
The CCOA would not recognize Wall’s exemption and motioned to remove his chiropractic licence on an interim basis.
“It’s really rare, extreme stuff,” Kitchen details noting that most cases were due to sexual misconduct, stealing money, etcetera, “and that’s what the College was trying to do to Dr. Wall simply because he wasn’t wearing a mask.”
That was the point that Kitchen got involved and ultimately the College was unsuccessful at taking away Dr. Wall’s licence.
The College retaliated by initiating proceedings against Dr. Wall, accusing him of professional misconduct.
As part of the defence, Kitchen brought forth experts to prove that masks were “harmful, they’re toxic to people, and they’re ineffective. They don’t work.”
Two of the four expert testimonies from Dr. Wall’s side included virologist Byram Bridle and an Occupational Health and Safety Act (OHSA) expert.
The CCOA brought forward one expert after an adjournment because they did not yet have an expert.
That expert ended up retracting some of his report. While attempting to prove his case that masks were effective, the College’s expert apparently conflated viruses with bacteria.
“It was a pretty juvenile mistake. A mask often does stop bacteria because they’re large. It doesn’t stop virus’ because they’re tiny.”
When Kitchen pressed the college’s expert on this during cross examination, he responded by saying that he was “just having fun,” before he retracted his statement.
“All of the experts for Dr. Wall made it very clear: masks stop big droplets, they don’t stop aerosols,” confirms Kitchen.
Referring to the harms, Kitchen iterates that “once you put on a mask, within two minutes, your oxygen drops to that which is unacceptable. The carbon dioxide that builds up is 20 times the accepted limit as identified by Health Canada… Masks are dangerous and they don’t work. Scientifically. That’s not merely rhetoric.”
Kitchen recaps the discrimination against Dr. Wall by the college, especially when they tried to compel his speech to tell his patients that masks work.
“That’s highly unlawful,” Kitchen says, “it’s one of the things that the courts in this country really care about is the idea of freedom of expression and no compelled speech.”
Ultimately Kitchen argued that the college acted “discriminatorily, and violated Dr. Walls constitutional rights,” and that “he didn’t act unprofessionally. He followed the science. It was the college that acted unlawfully.”