The lawyer for a Calgary chiropractor convicted of unprofessional conduct for not wearing a mask during the pandemic is now arguing against heavy fines for his client..James Kitchen is defending Dr. Curtis Wall in hearings June 7 and 8 at a tribunal for the College of Chiropractors of Alberta (CCA). In a 93-page decision on January 27, the tribunal ruled Wall committed unprofessional conduct for not wearing a mask during the pandemic..The complaints director for the CCA is asking the tribunal suspend Wall for three months and charge him a total of $26,000 in fines for five infractions. The CCA has also requested Wall pay 30% of costs for the investigation and hearing..In a document submitted to the tribunal, Kitchen argued an appropriate penalty would be a $5,000 fine, a reprimand, and publication of the tribunal’s decisions..“The Complaints Director has not demonstrated, and, indeed, did not even attempt to demonstrate, that any patient of Dr. Wall’s or member of the public was harmed as a result of Dr. Wall or his patients not wearing a mask. Surely, if Dr. Wall’s actions threatened the safety of his patients or the public, such evidence would exist given the length of time (over two years) that Dr. Wall constantly did the ostensibly dangerous act of practicing without wearing a mask,” Kitchen wrote..“Surely, if protection of the public was the motivation for prosecuting Dr. Wall, the Complaints Director would have attempted to adduce such evidence. The absence of demonstrated harm to any patient or member of the public should weigh more heavily than any other factor in determining a fit and just penalty.”.Wall initially hired Kitchen on his own initiative. Later, the case received fundraising support by Liberty Coalition Canada, with Kitchen remaining as the lawyer. .Kitchen disclosed to the tribunal his fees for the case, which were $77,150 for 369 hours spent between Dec. 4, 2020 and May 31, 2023. Kitchen charged $125 to $250 per hour, depending on the task, which included 12 days of hearings. An additional $3,028.73 was spent on transcripts and $5,170.16 for other expenses, adding to a total bill of $85,348.89. .In Kitchen’s written submission, he wrote, “That the Complaints Director elected to bring this matter to a hearing and expend in actual and anticipated costs approximately $525,000 instead of resolving it is a disgrace to the profession. No evidence has been adduced by the Complaints Director that the general public, chiropractic patients, or the profession would have more confidence in the profession if the Tribunal imposed a harsh penalty on Dr. Wall.”.Kitchen further argued “confidence in the profession and in the College’s ability to regulate it has been harmed by the prosecution of Dr. Wall, and will be harmed further if the Tribunal orders a suspension.”.Liberty Coalition Canada posted a web page of relevant documents on the case and includes expert testimony in Wall’s defence.
