Toronto, January 25, 2024
DR. TROZZI TO APPEAL AFTER COLLEGE REVOKES HIS LICENCE
The Ontario Physicians and Surgeons Discipline Tribunal issued a penalty decision today revoking Dr. Mark’s Trozzi‘s medical licence after ruling in October that he had committed acts of professional misconduct by spreading misinformation about Covid-19 science and making statements critical of Covid-19 public health policies and recommendations. Through his counsel, Michael Alexander, Dr. Trozzi announced today that he will exercise his statutory right to appeal the decision to the Ontario Divisional Court.
In reaching its decision, the Tribunal rejected Supreme Court cases, dating from 1939, which hold that Canadians enjoy an absolute constitutional right to express minority opinions on any subject. This allowed the Tribunal to rule that the College has a right to regulate the expression of its members in the name of the public interest.
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The Tribunal’s ruling also rested on the prior discipline hearing decision, where the Tribunal found that Dr. Trozzi had caused harm by spreading misinformation, even though expert witnesses for the College failed to tender evidence that Dr. Trozzi’s statements had caused harm to a patient or a member of the public.
In support of its ruling, the Tribunal also rejected a 41-page report Dr. Trozzi submitted in 2021 in which he defended himself against the College’s initial allegations, citing 29 references from mainstream sources such as Lancet, the New England Journal of Medicine, Public Health Ontario and Statistics Canada. This was done without mentioning that the College’s main expert witness, Dr. Andrew Gardam, had admitted on cross-examination during the discipline hearing that he had never attempted to refute the Trozzi report.
When the pandemic was on the horizon in 2020, Dr. Trozzi, a university professor and 25-year ER veteran, played a leading role in preparing his own ER facility to deal with Covid patients. However, while the press was reporting in late 2020 that ER rooms were overwhelmed, Dr. Trozzi’s ER room was virtually empty. Wondering how this could be, Dr. Trozzi called colleagues around Canada and the U.S. to inquire about their experiences and learned that their ER rooms were empty too.
As a result, Dr. Trozzi began to study Covid-19 science rigorously and soon discovered the government’s narrative regarding the virus was deeply flawed. He then quit his job and devoted himself full-time to exploring the truth about all things Covid on a dedicated site, https://drtrozzi.org. When a scientist friendly to the government’s narrative alerted the College of Physicians to the site and Dr. Trozzi’s heretical views, the College launched an investigation that resulted in his prosecution for professional misconduct.
Alexander commented: “Since Dr. Trozzi’s right to appeal to the Divisional Court is based on a statute, the Court will be required to employ the highest standard of review on all legal issues, and that standard is correctness. In other words, the Court will have to determine whether the Tribunal got the right answer on every key legal issue; and where it does not, the Court will be required to correct the Tribunal’s reasoning. The College has never had to face a fundamental challenge to its authority on this basis.”
He added: “On correctness review, it will be very hard for the College to justify its initial decision to investigate Dr. Trozzi. Under the legislation, the College must have reasonable and probable grounds, which is the criminal standard, for believing that a member has committed an offence before it can launch an investigation. However, in its orders, the College did not describe any evidence to support the probable belief that Dr. Trozzi had done something wrong, and even failed to cite a specific offence. The appeal should succeed on this point alone.”
Finally: “The Court of Appeal’s recent decision to refuse to hear Jordan Peterson’s case does not mean, as some have speculated, that freedom of expression is dead in Ontario. The Peterson case turned on the issue of whether the College of Psychologists could regulate the form of Dr. Peterson’s expression, not its content. In Trozzi, the Divisional Court must decide whether to recognize the right of every citizen to express an alternative opinion, even if it offends censorious bureaucrats.”
For media inquiries, please contact Michael Alexander by cell at 416-318-4512 and by e-mail at email@example.com.