Donate

Drag a button, link, or anything else into the icon box to place it below the text. Lorem ipsum dolor sit amet elit.

College of Chiropractors of Alberta v Dr. Curtis Wall

Case Description

Dr. Curtis Wall is a chiropractor in Calgary. He has been providing quality care to his patients for over 20 years. He has never been disciplined for unprofessional conduct.

The College of Chiropractors of Alberta (CCOA), like most health profession regulatory bodies, enthusiastically and uncritically embraced government public health restrictions in the spring of 2020 and imposed on chiropractors onerous, harmful, and scientifically unproven working conditions.

In the case of the CCOA, this included a requirement that chiropractors wear a mask at all times, no exceptions, even for those with a disability or religious belief that rendered them unable to wear a mask. By doing so, the CCOA went further than any relevant government mask mandate, which at least exempted those with disabilities.

When the CCOA mask mandate was imposed upon chiropractors in May 2020, Dr. Wall wore a mask for several weeks in an attempt to comply. However, he discovered wearing a mask while working caused him anxiety and other health problems, negatively impacting patient care. Given the harm wearing a mask caused him, and understanding the ineffectiveness of masks, he decided in June 2020 to not wear a mask while working. His patients were understanding, and some were thankful because they appreciated being treated by someone not wearing a mask. Unsurprisingly, there is no evidence any of his patients were ever harmed in any way by Dr. Wall’s decision to not wear a mask.

Unfortunately, in November 2020, someone complained to Alberta Health Services (AHS) about Dr. Wall not wearing a mask in his clinic. True to form, AHS immediately closed Dr. Wall’s clinic and refused to open it until a month later, depriving Dr. Wall and his family of income for the entire month of December, and depriving his patients of chiropractic care.

Naturally, AHS informed the CCOA.

Despite Dr. Wall provided medical verification of a disability that renders him unable to wear a mask, the CCOA Complaints Director at the time opened an investigation, appointed himself as investigator, and responded to Dr. Wall working without a mask by attempting to suspend his license to practice.

Such license suspensions are reserved for rare and urgent circumstances involving a high risk of real harm to members of the public, such as when there is evidence a professional is stealing from their patients, showing up to work intoxicated, or sexually abusing patients or staff. Fortunately, thanks to the efforts of Dr. Wall’s lawyer, James S.M. Kitchen, the CCOA was not successful in suspending Dr. Wall’s license.

The Complaints Director then demanded the matter go before a disciplinary Tribunal for a full hearing to determine if Dr. Wall acted unprofessionally and if he should be disciplined. The then Complaints Director appointed himself as prosecutor for Dr. Wall’s case on behalf of the CCOA.

As part of his defence, Dr. Wall submitted scientific evidence in the form of four expert reports demonstrating the ineffectiveness of masks in preventing the transmission of respiratory infections, and the harms caused by masks. These include reports from an infectious disease specialist, a viral immunologist, a respirologist, and an occupational health and safety consultant. Several of Dr. Wall’s patients have also provided their evidence to the Tribunal in support of Dr. Wall’s decision to not wear a mask.

A hearing was originally scheduled for the week of July 19, 2021, at the request of the Complaints Director. Dr. Wall provided his expert evidence by the end of April 2021, as requested by the Complaints Director, and was prepared to proceed to a hearing on July 19.

However, in early July 2021, the Complaints Director sought an adjournment of the hearing because he did not yet have any expert evidence prepared. The hearing finally commenced on September 1, 2021 with the hearing of testimonial and expert evidence.

The expert witness for the Complaints Director twice retracted portions of his opinion report and was repeatedly rebutted by Dr. Wall’s expert witnesses. Dr. Wall’s expert witnesses established that within minutes of wearing a mask the wearer begins suffering the toxic effects of oxygen deprivation and overexposure to carbon dioxide, and that the wearing of masks by asymptomatic people has no meaningful impact on the rate of transmission of SARS-CoV-2.

The hearing of evidence concluded on January 29, 2022. Closing arguments were scheduled to be heard on April 11-12, 2022.

As with most hearings of this type, transcripts have been produced by a court reporter of the testimony of each witness, including the expert witnesses. The transcripts of expert witness testimony, which consist of many hundreds of pages, abundantly establish through scientific and medical evidence that the masks typically mandated to purportedly stop the spread of COVID are ineffective and harmful.

In early February 2022, Dr. Wall informed the Complaints Director that he would be releasing to the public the transcripts of all the expert witness testimony, as is his constitutional right, protected by the open court principle, freedom of expression, and the right to a fair and public hearing.

The Complaints Director objected to the release of transcripts, citing unspecified concerns about the timing of the release. On February 25, 2022, the Complaints Director applied to the Tribunal hearing Dr. Wall’s case for a publication ban to make all the transcripts secret so the public could not have access. Dr. Wall agreed to delay publication of the transcripts until the Tribunal rendered a decision on the Complaints Director’s application for a publication ban.

Mr. Kitchen opposed the publication ban and urged the Tribunal to follow the law regarding open and public hearings, which includes the publication of transcripts for the public to read. On March 16, 2022, the Tribunal issued its decision, denying the publication ban sought by the Complaints Director and ordering the release of the transcripts be permitted, provided the names of all the Complaints Director’s witnesses and the Tribunal members were redacted.

Following the publication of the redacted expert witness transcripts, the Complaints Director accused Dr. Wall of breaching the Tribunal’s March 16 order by publishing the names of Dr. Wall’s own expert witnesses. The Complaints Director further accused Dr. Wall of breaching the Tribunal’s order by commenting on the contents of the evidence contained in the expert witness transcripts.

The Complaints Director made even further accusations, including that he regarded it to effectively be Dr. Wall’s fault that the Complaints Director has spent over $200,000 on prosecuting Dr. Wall.

In response, Dr. Wall alleged the Complaints Director had engaged in prosecutorial misconduct and that the Tribunal ought to order the removal of the Complaints Director as the prosecutor in Dr. Wall’s case.

Closing argument was postponed and April 12 set aside for the hearing on whether Dr. Wall breached the Tribunal’s order in publishing the transcripts and whether the Complaints Director committed prosecutorial misconduct.

Then, on April 6, Mr. Kitchen received notification that the Complaints Director will retire on April 13, 2022. As a result, Dr. Wall’s application to have the Complaints Director removed for misconduct was no longer necessary, as a new prosecutor for the CCOA would be assigned to Dr. Wall’s case going forward.

A virtual hearing open to the public will be held on April 12, 2022 at which the Tribunal will hear arguments on whether Dr. Wall has breached the Tribunal’s order in publishing the transcripts and commenting on them. To attend the hearing, contact the CCOA Hearings Director at [email protected] and refer to the CCOA’s procedure for attending.

Any general requirement to wear a mask is unjustified in light of the scientific fact they are ineffective and harmful. But any requirement to wear a mask under the threat of professional discipline that allows for no exceptions for those medically unable to wear a mask is even more unreasonable, oppressive, and discriminatory.

Defending Dr. Wall against the CCOA is LCC Chief Litigator, Mr. Kitchen. Liberty Coalition Canada is assisting Dr. Wall with his legal expenses and encourages supporters to donate toward Dr. Wall’s case

"Sometimes your freedom is not taken away at gunpoint but instead, one piece of paper at a time, one seemingly meaningless rule at a time, one small silencing at a time. Never allow the government-or anyone else–to tell you what you can or cannot believe or what you can and cannot say or what your conscience tells you to do or not do."

- Armando Valladares
CUBAN POET

Donate now
STay connected
The Liberty Coalition of Canada © 2022
Privacy Policy | Terms & Conditions
cross-circle