“This is pure Gestapoism!” said Alberta lawyer Jeff Rath.
(Related to earlier post:
by Melanie Risdon, Western Standard
The office of a Calgary doctor was raided Thursday morning by College of Physicians and Surgeons of Alberta (CPSA) officials searching for files of people for whom he granted COVID-19 exemptions.
And one of the files they accessed was of lawyer Jeffrey Rath — who has filed a lawsuit against the college over vaccine mandates.
And the family of a two-year-old whose file was seized says they are considering a lawsuit for the breach of privacy.
“They walked in this morning just after 8 a.m. and asked to do an inspection and review of my patient records for the last 180 days,” said Dr. Dan Botha, in an exclusive interview with the Western Standard.
Botha said there were two CPSA staff members — an administrator and a doctor — who handed him a one-page letter requesting he provide access to his patient files for the inspectors “under section 53.1 of the Health Professions Act (HPA).”
The letter indicated the inspection was to “ensure the issuance of medical exemptions for vaccination against COVID-19 are in adherence to the provincial vaccination exemption program, medical exemptions for face mask are in adherence to provincial public health orders and the prescribing of Ivermectin is in adherence with CPSA Standards of Practice.”
“You are expected to cooperate with the inspectors and provide them access to your office records,” said the letter.
“They wanted to know if I had written any exemption letters for the vaccine or masks or had been prescribing Ivermectin to my patients,” said Botha.
“I told them I had written two — one for a cancer patient of mine and another for a child who has Rett syndrome.”
Botha said his cancer patient was undergoing treatment and he had provided the patient with a three-month vaccine exemption until treatments were finished and the patient’s health could be reassessed.
He also said he provided a permanent mask exemption to a child he is treating with Rett Syndrome, an autism spectrum disorder that affects the way the brain develops, causing a progressive loss of motor skills and speech.
“I did prescribe Ivermectin with success for COVID-19 treatment with maybe 20 or so patients,” Botha confirmed, but added he stopped prescribing it when it was banned for use in treating COVID-19.
Botha said he gave the inspectors access to the information for the two patients he had written medical exemptions for and they asked him to leave his office.
“I continued to see patients while they were in my private office for about an hour,” said Botha, adding the pair left while he was with a patient.
Botha, clearly shaken by the events that unfolded, said he and his staff “work hard to look after the public” and claims his practice follows “very high standards.”
“We never speak against the vaccine here and always refer patients to the government website and encourage them to contact the government as well if they have any questions or concerns,” said Botha.
“I’ve been a physician for over 38 years and I’m not against any government policy, but this is starting to feel like harassment.”
Botha said he checked his computer and could see the inspectors had accessed 28 patient files, including the medical files for his patient, lawyer Rath.
“Out of the 10,000 files on my system, they specifically accessed Mr. Rath’s file along with others,” said Botha.
Rath, of Rath & Company, was outraged by the raid.
“CPSA just raided my doctor’s office and illegally accessed my own personal medical file without my consent,” said Rath.
“My GP called me to inform me that the CPSA had stormed his office this morning under section 53 of the Health Act to ‘randomly review some of his patient files’ and it just so happened that my file was one they randomly chose,” said an angry Rath.
“This is pure Gestapoism!”
Rath has actively challenged the CPSA on a number of occasions while representing medical professionals and clients who are pushing back against the mandatory vaccination policy.
Rath spoke with the mother of the child Botha had provided a mask exemption for shortly after the raid at the doctor’s office and said she has given her full consent for Rath to speak on her behalf.
“This child cannot sit unassisted and is in a constant state of respiratory distress,” quoted Rath on behalf of the mother.
“This mother has advised our office (Rath & Company) that she is contemplating legal action against the CPSA for the gross violation of her family’s right to medical privacy and the degree to which her family has been traumatized by this completely unethical and immoral conduct by the CPSA.”
Rath said he is “furious” with the CPSA.
“I am completely appalled by the CPSA investigators, including Jason MacDonald and Dr. Jeff Robinson, that they would think it’s appropriate to access the private medical file of an officer of the court who is engaged in litigation on behalf of my clients with the CPSA,” said Rath.
Botha, runs Rhythm Health, a family medical practice in southwest Calgary.
His website reads: “Dr. Dan Botha has been practicing medicine in Calgary for the past 25 years. In 1983 he graduated with a Bachelor of Medicine and a Bachelor of Surgery from the University of the Orange Free State in Bloemfontein, South Africa.”
The Western Standard contacted the CPSA for comment and was provided with this statement from a CPSA spokeswoman:
“Under Part 3.1 of the Health Professions Act (HPA), CPSA has the authority to conduct unannounced on-site clinic inspections to confirm that physicians adhere to our Standards of Practice. These are being facilitated when a certain threshold is breached.
“As we’ve seen an increase in the number of concerns submitted from both regulated members and Albertans during the pandemic, CPSA felt it was important to take this approach, to ensure patients across the province are receiving safe and competent care that is compliant with public health measures.
“There are a number of outcomes that can occur from these inspections, such as a referral to CPSA’s Continuing Competence team for an educational intervention, or to the Professional Conduct department in cases where allegations of unprofessional conduct are substantiated. A practice restriction can be imposed on a physician’s practice permit in a number of different ways under the HPA, including as a result of an inspection. A practice restriction on a physician’s practice permit is public information available on the physician’s profile on the CPSA website.”
More to come…
Melanie Risdon is a reporter with the Western Standard
mrisdon@westernstandardonline.com
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Nov 25, Western Standard
Opinion
SLOBODIAN: Kenney needs to stop ‘criminal’ searches of doctors’ offices
Do not relent on the demand for a criminal investigation and sue their sorry asses off.
Accessing medical files under allegedly false pretenses while a legal challenge is underway is despicable and can’t be legal.
This kind of medical “fascism” has no place in Canada.
Investigators for the College of Physicians and Surgeons of Alberta (CPSA) went too far with what could be interpreted as either a shut-up tactic or dirt-digging hunt against Jeffrey Rath, a lawyer acting on behalf of several clients involved in litigation against the CPSA.
If the two CPSA investigators who raided a doctor’s office Thursday get away with this shockingly unethical stunt, then no one — vaccinated or unvaccinated — will be safe from these tyrants who think they have the authority to do whatever they want, rights and freedoms and privacy be damned.
This is utterly chilling. Jeff Rath, of Rath & Company, called it “medical fascism.” He’s right.
CPSA investigators Dr. Jeff Robinson and Jason MacDonald searched the files of Calgary family practitioner Dr. Dan Botha for patients he granted COVID-19 medical exemptions.
One of the few files — out of about 10,000 — they suspiciously accessed was Rath’s.
“We’re in active litigation with these people and they think they can send investors in to access my medical files,” Rath told Western Standard.
“I wonder how a judge would feel if a judge found out these people could go through a judge’s medical file while a hearing with regard to the College’s conduct was before that particular judge.”
You can bet Alberta Health Services (AHS) — which pushes the boundaries of its authority beyond acceptable limits — had its mitts on this.
Apparently, AHS didn’t let Premier Jason Kenney in on the plot.
“Neither the premier nor the Premier’s Office has any knowledge of the alleged events you describe. You’d need to contact the College of Physicians and Surgeons directly,” said spokesman Christine Myatt.
The investigators searched Botha’s files under the guise of a benign practice review they alleged was part of normal oversight procedures under the Health Professions Act.
Botha told Western Standard’s Melanie Risdon he was handed a one-page letter requesting he provide access to his patient files for the inspectors “under section 53.1 of the Health Professions Act (HPA).” It indicated the inspection was to “ensure the issuance of medical exemptions for vaccination against COVID-19 are in adherence to the provincial vaccination exemption program, medical exemptions for face mask are in adherence to provincial public health orders and the prescribing of Ivermectin is in adherence with CPSA Standards of Practice.”
This raid came from the CPSA, said Rath.
“I’ve sent several letters to the College of Physicians and Surgeons regarding concerns that my clients have with the CPSA basically interfering in doctor/patient relationships in Alberta. They’re telling doctors what they can and can’t prescribe, telling doctors what exceptions they can and can’t write,” said Rath.
“A week or so ago I wrote the College a letter saying how dare you tell doctors what medical exemptions they can’t write or threaten doctors with misconduct because they’ve written medical exemptions.
“The College replied: ‘Oh no, no, no, we’re not the ones coming up with these medical exemption restrictions, that’s coming from AHS.’ I said there’s an inherent conflict of interest in AHS setting out what the criteria are for medical exemptions to the vaccine and then having the College enforce it after the fact.”
On the heels of the raid, Rath fired off a letter demanding Robinson have his medical license suspended and that a criminal investigation be opened against both Robinson and MacDonald.
“As far as I’m concerned, they were illegally accessing my files under false pretenses that they were acting appropriately under the Health Professions Act.”
“Unless criminal charges are laid against those two so-called investigators, the CPSA itself is a criminal organization.”
Sadly, for the CPSA, there’s no dirt to be found in Rath’s medical file.
“There’s nothing in the damn thing anyway. It’s not like my doctor’s doing anything wrong regarding prescriptions. My privacy’s been violated. I feel personally violated. That invasion of my personal privacy is absolutely beyond belief.
“If they’re there — ostensibly conducting a random investigation of a doctor’s practice under the Health Professions Act to make sure that he’s conducting himself professionally with regard to mask exemptions or whatever — what business do they have targeting the medical file of a lawyer acting against the CPSA?”
“I grew up in a public health family. I’m watching what’s happening to the medical profession in this country and the complete lack of ethical conduct by the College of Physicians and Surgeons in this province. I don’t even recognize this to be my province anymore.”
Meanwhile, the family of a two-year-old whose file was seized is considering a lawsuit for the breach of privacy.
Botha, treating the child with Rett syndrome, has provided a permanent mask exemption.
“Think about the poor mother. You can imagine how that family suffered already and you’ve got agents of the CPSA poking around in her poor little daughter’s medical file to decide if Dr. Botha appropriately granted this little girl a masking exemption. This family’s being terrorized by the College,” said Rath.
Time for the terrorizing to stop. It started with pastors and now has progressed to target little girls and lawyers.
Who’s next? You?
Sue away.
What say you, Jason Kenney? Time to put a leash on these people.
Slobodian is the Senior Manitoba Columnist for the Western Standard
lslobodian@westernstandardonline.com