Courts Rule: During Doctors Investigation Patients Medical Records Not Private

2023-05-01

Courts Rule: During Doctors Investigation Patients Medical Records Not Private

May 1, 2023 | Blog, General News, Rocco Galati

Courts Rule: During Doctors Investigation Patients Medical Records Not Private

A recent case brought forward by the patients of Dr Sonja Kustka, a physician under investigation by the College of Physicians and Surgeons of Ontario (CPSO) for writing two, yes two, mask exemptions, has ended in a ruling against them. More than 100 patients, under the legal counsel of Rocco Galati, attempted to argue for the privacy of their personal health records, after the CPSO demanded Dr Kustka release all patient records for their ongoing investigation.

Mr. Galati argued that the privacy of an individual’s health records has Supreme Court precedence and stands in contradiction to section 7 of our Charter of Rights and Freedoms “life, liberty and security of the person,” and section 8, “right to be secure against unreasonable search or seizure.”

Amy Block, legal advisor to the CPSO, countered, stating patients should not have any say about their own medical records or how the CPSO wishes to use them when a physician is under investigation.

The March 30th decision struck down the patient’s arguments and sided fully with the release of all private records to the CPSO. We should not be surprised really; with a clear bias recently demonstrated by judiciaries in many covid-related cases. Add this to the growing list of those who seem intent on unceremoniously dismissing our Charter and everything it has represented since it’s inception.

For many, this loss of confidentiality between patient and doctor will be the final straw. All remaining trust in our medical and judicial systems will dissipate, with many no longer willing to discuss personal matters with their physician. With the volume of evidence coming to light demonstrating the serious adverse side effects from the vaccines, how many more Canadians will now be at risk because of this?

In criminal investigations, even the accused has a reasonable expectation of privacy under section 8, against unlawful search and seizure.

We stand firm in support of our Charter rights. It is time for all Canadians to stand and be heard. These regulatory oversight agencies have no right to demand our private information without our full consent.

To read the Bright Light News article written by Gord Parks 

 

 

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