The fight to protect Canadians' Charter rights to medical privacy continues

A group called Privacy Is Your Right has brought a case forward against Ontario’s medical regulator for what they call unlawful search and seizure of their confidential medical records.

The fight to protect Canadians’ Charter of rights to medical privacy continues
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An Ontario court challenge moves forward on Thursday, March 30 that will contest the unlawful search and seizure of private, confidential patient medical records.

A group of patients have banded together to form a group called Privacy Is Your Right to oppose what they refer to as the unprecedented violation of privacy in Canada by a medical regulator.

The College of Physicians and Surgeons of Ontario (CPSO) has attempted to compel their family doctor to submit all of her patients’ medical records due to a third party complaint after she wrote a medical mask exemption for two pediatric patients.

The parents oppose what is being referred to as an unlawful search and seizure, a constitutionally protected right under Section 8 of the Canadian Charter of Rights and Freedoms.

The lawyer representing them, Rocco Galati from Constitutional Rights Centre Inc., says this is also an infringement of Section 7 – the right to life, liberty and security of the person.

The complaint and investigation into this doctor’s practice came from a third party tattling of the medical mask exemption given to the two children. The complaint came from their Girl Guide leader.

The case seems to ignore the fact that the province of Ontario’s mask mandate, Regulation 364/20, always stipulated self-determined mask exemptions or “exceptions.” 

There was clear guidance on exceptions, including “for greater certainty, it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions.”

Yet that constitutionally respecting section of the regulation was continually disregarded for indiscriminate enforcement of masking, even by police. Yet this family doctor is being compelled by the CPSO to disclose all of her patients private medical records.

Galati states that the doctor attempted to comply with the request while upholding patient privacy, by redacting personal information, but the CPSO refused.

Leslie Peel from Privacy Is Your Right says that the CPSO is gathering approximately 30 investigators who are forming a discipline committee.

“For all I know, one of my neighbours will have access to my medical records… and I have not given my consent for anyone other than my doctor to look at my medical records.”

She calls this a fight for all of our medical privacy.

When the CPSO was unable to obtain the personal medical records of this doctor's patients, they issued an order to all of the pharmacies in proximity to the doctor and confiscated their private prescription records.

The pharmacists complied and no one contacted the patients to garner their consent, Galati detailed in response to a question posed from Rebel News.

Galati noted that this is truly an unprecedented case because it is the first time, in the context of the CPSO and medical investigation, where the patients stepped forward and refused to disclose their medical records.

Usually the privacy issue doesn’t arise because they are typically the complainant, but none of the patients have an issue with the doctor or the care that they were receiving.

The press release issued by Galati further reinforces that the court documents submitted will claim that this is an unlawful investigation by the CPSO, showing an abuse of power, and that the patients want their day in court to challenge it.

The CPSO has faced great criticisms in how they handled public health diktats.

One physician, Dr. Khan, even filed criminal charges against them for fabrication of evidence and obstruction of justice after his license was revoked by the college based on a third-party complaint.

Numerous Ontario doctors have faced investigation and looming disciplinary action by the CPSO for not blindly acquiescing to public health diktats.

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  • By Drea Humphrey

Stop Medical Silencing

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