Precedent setting Freedom of Expression win in Ontario Doctor’s Case

Ontario Doctor Freedom of Expression Court Decision December 13, 2021: CPSO Guidelines regarding COVID 19 are not law and are recommendations only.  This very important precedent setting case will go on to be used and cited in future freedom of expression cases for Canadian doctors.

On April 30th of 2021 the College of Physicians and Surgeons of Ontario, sent out a directive indicating that no Doctor or Surgeon shall criticize any policy of any public health official surrounding Covid-19 and that they may be disciplined or have their license removed if they did.

December 8 2021 the Divisional Court heard a constitutional challenge brought by Dr. Caroline Turek seeking a declaration that the CPSO had no authority under the Constitution to regulate free speech and that the April 30 2021 CPSO Statement of Public Health Misinformation was invalid as unconstitutional.

On December 13, 2021 the Divisional Court ruled that the CPSO Statement is not a binding statutory instrument and it is only a guideline and a recommendation only (para 13). The Court ruled that Dr. Turek could challenge the constitutionality of the Guideline at the Discipline Tribunal if the CPSO uses this statement to discipline her for misconduct.

CPSO also issued similar Statements and Guidelines  for Ontario Physicians with respect to:

1) issuance of exemptions from COVID 19 vaccines and

2) use of the drug ivermectin

you can read the full court decision here:

https://www.canlii.org/en/on/onsc/doc/2021/2021onsc8105/2021onsc8105.html

source: CRC-CDC CASES – Constitutional Rights Law Centre (constitutionalrightscentre.ca)