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An Ontario court ruled March 30th that patient medical records of a doctor now under investigation by the College of Physicians and Surgeons of Ontario (CPSO) are not private and open to the scrutiny of the medical regulator’s investigators.
About 100 patients of Dr. Sonja Kustka, under investigation for writing two mask exemptions during Covid, unsuccessfully filed their motion to stop CPSO investigators from gaining access to their private medical records. Counsel for the patients, Rocco Galati, argued that the intrusion into the private medical records has both Supreme Court precedent and is protected under Charter Rights section 7’s right to “life, liberty and security of the person,” guaranteeing physical and psychological integrity, and section 8’s “right to be secure against unreasonable search or seizure.”
CSPO lead counsel, Amy Block, stated that patients should not have any say about their own medical records or how the CPSO wishes to use them when a physician is under investigation for potentially putting a patient(s) at risk of harm.
This report contains statements from the patients press conference March 27 announcing their motion to stop the unwanted use of their private medical records with counsel Rocco Galati, and interviews with Paul Slansky, counsel for the patients’ doctor, Dr. Sonja Kustka, on her case and Rocco Galati speaking about the court’s decision to quash the patients’ motion.
Litigant Leslie Peel says Canadians can learn more about privacy issues at privacyisyourright.ca.
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