A settlement has been reached between a Calgary-area chiropractor charged with misconduct and his college who charged him with misconduct for failing to wear a mask in the pandemic.Details of the settlement with Dr. Curtis Wall have been withheld but a joint statement will the College of Chiropractors of Alberta will be released in the coming days.In email, Wall's lawyer, James Kitchen of Liberty Coalition Canada, wrote,"Here is what I am permitted to tell you.I filed the attached application on April 18.The parties subsequently reached settlement.The parties provided the Council of the College with a joint submission at a hearing on July 9. The Council issued a decision on July 15.Pursuant to a settlement agreement the parties entered into, I will not be providing a copy of the decision. However, I encourage anybody wanting to view the decision to request a copy of it from the College."In the April 18 submission to the college's complaints commissioner, Kitchen argued that Wall's fines should be lifted because his convictions were directly or indirectly related to orders by the Chief Medical Officer of Health (CMOH) Dr. Deena Hinshaw. These orders were declared of no effect in the Ingram decision because such orders were going to the government for approval, contrary to laws governing emergency health orders.Kitchen quoted the pandemic directive in his submission, which said, "Follow all mandates and recommendations from Public Health and the Government of Alberta regarding your personal and professional conduct. As a regulated health professional, you have a fiduciary responsibility to follow all civil orders that originate from any level of government." .Tribunal rules against unmasked Calgary chiropractor Wall.Kitchen argued to the tribunal that total fines for Wall should amount to zero."Nothing with which the Member was charged failed to be somehow tethered to the Invalid CMOH Orders, unless it was tethered to nothing at all, as in the case of some sub-charges," Kitchen wrote."The Council must not permit to be enforced fines and costs tethered to findings of unprofessional conduct based on invalidated laws. To do so would be a miscarriage of justice and undermines the rule of law."Wall was found guilty of five charges and fined a total of $15,000 plus costs of $50,000.
