Our Legal Challenge

Court documents (PDF): Patient Motion Record and Patient Factum

Ultimately this case is about who has control of our medical and personal information, who it’s available to, and for what purpose(s). We are demanding that The CPSO adhere to The Health Professional Procedural Code and the Constitution, including the Charter of Rights and Freedoms.

The Charter of Rights and Freedoms affirms that Canadians have knowledge and control over our own most intimate and private personal information, even in the hands of doctors. Due to a third-party complaint, the CPSO launched an investigation into our Doctor’s medical practice and appointed multiple investigators to access the personal health information, including personal data, of the Doctor’s patients.

The Patients assert that their Doctor cannot release their records, and the CPSO cannot demand their records, without their explicit knowledge and consent. The Patients have filed an Application in Ontario Divisional Court against the CPSO for breaching the Health Professional Procedural Code and the Charter of Rights and Freedoms, which guarantees the right to privacy and protection against unreasonable search and seizure under sections 7 and 8 of the Charter of Rights and Freedoms.

Our position is that although the CPSO has a right to access medical records for the purpose of investigating misconduct or negligence in a doctor’s practice, it can only do so LAWFULLY if it has reasonable & probable grounds (RPG). In other words, we agree that the CPSO can access records when it is necessary and justified under law.

However, where there is no legal justification, or when the powers of the CPSO are being misused and abused, we must defend against the breach of our rights in Court. We believe that most people would be shocked and outraged to realize that right now, their medical records are not safe with their doctor because they can be turned over to multiple prying eyes on the basis of frivolous or vexatious complaints.