Ontario court declines to quash cautions against doctor for COVID commentary

The Ontario Divisional Court has ruled against physician Dr. Kulvinder Kaur Gill in a judicial review of cautions ordered against her by the College of Physicians and Surgeons of Ontario (CPSO) for her COVID-19 commentary. The Divisional Court declined to quash the orders because the CPSO’s screening committee was alerted to Gill’s free speech being infringed upon learning its decisions were within the range of reasonable outcomes. “When the College chose to draw the line at those tweets which it found contained misinformation, it did so in a way which reasonably balanced Dr. Gill’s free speech rights with her professional responsibilities,” said the Divisional Court in a ruling. “In other words, its response was proportionate.”Gill had argued in two factums filed in her court applications her statements showing the harms of lockdowns were true, but she was sanctioned because she went against the CPSO’s guidance doctors should not express opinions contradicting government or public health edicts. The Divisional Court disagreed, saying this invited a reweighing of the evidence. “Panel members consisted of three physicians with highly relevant expertise that they were able to bring to bear when assessing the scientific and medical information before them — expertise that this court does not have,” it said. It dismissed the arguments publishing the cautions on her public register and disseminating a notice about them to hospitals and regulators across North America was punitive and had a chilling effect on one side of the debate. It opted to align with other Divisional Court decisions in stating they were not a finding of professional misconduct but were a remedial measure. Libertas Law said this is despite these cautions becoming in recent years a public rebuke rather than private correction of a professional by their peers. It added this change has not been grappled with by the Ontario Court of Appeal.Gill intends to seek leave to appeal to the Court of Appeal with the support of X Corp, as her posts were made on Twitter. Gill celebrated an offer of financial help by Twitter executive Elon Musk in March. READ MORE: Elon Musk helps Ontario doctor at deadline for $300K legal billShe had made urgent appeals on Twitter towards a $300,000 fundraising goal. She is a practicing physician in Brampton, ON, specializing in immunology and pediatrics. When the Canadian and Ontario governments imposed COVID-19 restrictions, she spoke out against them.