We all know how extreme the iron-fisted imposition of the Covid narrative and mandates were during the Covid-era ‘time of madness.’
Many of us, as Canada Health Alliance members, have first-hand experience of that persecution, and in the process, a great many of us have lost our professional licences and our right to practice and serve our patients as best as we know how.
It seems that many people have moved on from that terrible time between 2020 and 2023 and now it is hardly even mentioned anymore (likely due to the massive trauma of it all). However, behind the scenes, this dire persecution is continuing as vigorously and as aggressively as ever.
For those ‘special cases’ who stood up against tyranny right from the start as a beacon of hope and a symbol of sanity, the medical colleges seem to have a particular hatred and appear hell-bent on destroying them in the most extreme and unjustifiable ways. As with any public capital punishment of old, this is clearly an intentional tactic to terrorize everyone else into silent subjugation and compliance.
Standing up against this government-endorsed institutional bullying makes these principled, courageous people even greater heroes, in my opinion.
One of these heroes is Canada Health Alliance member, Dr. Rochagné Kilian of Ontario, who has been ruthlessly hounded for almost three years now.
Dr. Rochagné Kilian and The Case Against Her
Dr. Kilian is a South African-born and trained emergency medicine specialist and infectious disease expert, who has an impeccable record of outstanding quality care for her patients both in South Africa and Canada.
From early 2021, Dr. Kilian spoke up bravely at both her hospital and at the regional Grey Bruce Health Services (GBHS) meetings in Ontario regarding Covid issues, including symptoms which seemed to be caused by the Covid vaccines. She received no answers from management and eventually in August 2021, Dr. Kilian resigned from the Owen Sound Hospital (part of GBHS) in protest against the harmful Covid policies, including the vaccine mandates.
Since September 2021, Dr. Kilian has spoken publicly about the serious harms caused by the many Covid mandates and Covid vaccines, the suppression of helpful information about Covid prevention and treatment, and the persecution of healthcare professionals and others who are trying to help and inform the public about Covid issues.
The College of Physicians and Surgeons of Ontario (CPSO) stated that they had received a few complaints from ‘third parties’ (none of whom were actually her patients) about her issuing vaccine exemptions and also questioning the efficacy and safety of the Covid vaccines. The CPSO used these allegations to build a case against Dr. Kilian, including accusing her of causing ‘vaccine hesitancy’ (as if that is some sort of crime…?).
In October, 2021, the CPSO started an investigation into Dr. Kilian regarding whether she had engaged in professional misconduct or was incompetent, with respect to the Covid-19 pandemic. As part of this investigation the CSPO demanded that she provide the medical records for her patients for whom she had written an exemption for Covid-19 vaccines, masking or testing, or for whom she had prescribed certain medications for Covid-19 that were not recommended by Health Canada.
Dr. Kilian agreed to provide relevant records, with personal details and names redacted (citing patient confidentiality). However, the CPSO insisted on unredacted medical records. Dr. Kilian refused. The CPSO then suspended Dr. Kilian’s medical licence in October 2021, and commenced legal action against her.
The Shocking Ruling Against ‘The Expectation of Privacy of Health Records’
To keep their medical records private, a group of some 40 of Dr. Kilian’s patients took legal action against the CPSO. However, in March 2023 a court ruled against the patients. The judge who later heard the patients’ appeal in April 2023 “rejected the proposition that the patients have a reasonable expectation of privacy in their health records that can be asserted against a regulator seeking access to the records for the purpose of investigating a physician”, and further stated that the patients “had no right to intervene”.
In both 2022 and 2023, there were several hearings in various Ontario courts of the CPSO case against Dr. Kilian. This case was decided against Dr. Kilian in April 2023. Dr. Kilian filed an appeal against the CPSO which was heard in court in October 2023, but her appeal was also lost. She has now applied for an appeal to be heard in the Supreme Court of Canada in 2024.
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How The Case Is Becoming Precedent-Setting Against The Principle of Privacy?
It is very concerning that the Ontario court findings in the ‘CPSO v. Kilian’ case are already being used as precedent-setting case law by the CPSO for disciplinary tribunals against other doctors who are also trying to protect the confidentiality of their patient records. For example, in the case of Dr. Sonja Kustka, the College of Physicians and Surgeons of Ontario Discipline Tribunal quoted two different hearings of the ‘CPSO v. Kilian’ case, and ruled that:
“The Court of Appeal has twice decided that patients do not have privacy rights in their medical records in relation to the College. In College of Physicians and Surgeons of Ontario v. Kilian, 2023 ONCA 281, the Court said at para. 15 that patients have ‘no reasonable expectation of privacy that can be asserted against a regulator’” Refer to the 2024 case of the College of Physicians and Surgeons of Ontario v. Kustka, 2024 ONPSDT 14 at: https://www.canlii.org/en/on/onpsdt/doc/2024/2024onpsdt14/2024onpsdt14.html.
This is extremely concerning, especially considering the ‘unquestionability’ of ‘judicial notice’ which such precedents can quickly create. See the following article below on how our Canadian judicial system has been distorted by the systematic leverage and weaponization of ‘judicial notice’.
How the Supreme Court Ruling Will Impact YOUR Personal Rights and Freedoms
While all these legal precedents and the overall injustice of this entire case are gravely concerning, Dr. Kilian’s stand is actually pivotal to the retention of the rights and freedoms of all Canadians. In fact, I would go as far as to say that our personal futures literally hang in the balance, depending on whether Dr. Kilian can win her appeal in the Supreme Court.
The reason why this case against the CPSO and their excesses is so extremely important is because the outcome in the Supreme Court will likely set a precedent for all Canadians regarding their legal rights to bodily autonomy, informed consent regarding medical procedures, and the confidentiality of their medical records.
The case also relates to medico-legal aspects of decision-making capacity, and thus may even impact the legal rights of Canadians to make decisions about their personal lives, their health care, care of their families, custody of children, and the management (and potentially the confiscation) of their property and their business.
In this regard, there are several very important points which we need to consider, regarding why Dr. Kilian’s legal case against the CPSO is deeply relevant to YOUR life, and the lives of your friends, family and community.
Point 1: Various governments have been trying to have certain behaviours classified as mental illness. Some of these currently targeted behaviours include ‘vaccine refusal’ or ‘vaccine hesitancy.’ In Canada, we have already seen certain Federal and Provincial Health Officers and agencies labelling any such questioning of vaccines as a sign of mental illness.
Point 2: If the CPSO, or other regulatory bodies, and/or various levels of government can have courts declare that people in Canada have no right to confidentiality of their personal medical records (as may be determined in the final ruling on Dr. Rochagné Kilian’s Supreme Court case), various organizations and government agencies (and perhaps even private corporations) could easily gain access to private vaccination records, and lifelong medical charts regarding physical and mental health issues for every single Canadian resident and citizen.
Point 3: Therefore, building on Points 1 and 2, based on this personal medical information, the government could take action to declare some people as not capable of making decisions about their own lives, and then issue a document similar to the ‘Certificate of Incapacity’ issued in Ontario under the ‘Mental Health Act’. Under a ‘Certificate of Incapacity,’ the targeted person loses their legal right to manage their own property (which includes their assets, investments, vehicles, businesses and home). The property management and trusteeship could then be taken over by the government (in Ontario that is the Ontario Ministry of the Attorney General), or a substitute decision maker who is deemed acceptable by the government.
Point 4: Following from Point 3, there is a possibility that various government bodies could further step in to control many decisions made about someone’s life, including: their personal care (such as where they can live, what they can eat, their health care); a person’s admission to a health care facility (even against their will); the provision or denial of medical procedures (such as forced vaccination); the management of their property (vehicle, home, personal possessions, investments, business); and the disposition of their estate.
The extrapolation of this four step logic highlights in stark relief the tyrannical path to ensuring absolute compliance, silence and subservience to whatever dictates of control and abuse which the government may decide to impose upon us. Through this carefully planned removal of medical privacy, the manipulation of judicial notice and the horrifying ‘legal precedent’ of this case, it could condemn us all to the absolute worst excesses that would make the Covid mandates seem nothing but benign.
This is why it is so important for us all that Dr. Rochagné Kilian wins her appeal in the Supreme Court of Canada.
How You Can Support Dr. Kilian in Her Fight For Our Privacy?
Firstly, please share this information about Dr. Kilian, her case against the CPSO and what it means for all of us.
Then, if you can, please financially support Dr. Kilian to help cover the huge costs of taking her case all the way to the Supreme Court. A GiveSendGo campaign has been set up specifically to help her raise sufficient funds to file her case in the Supreme Court of Canada for the benefit of us all. Her dedicated attorneys have worked pro bono for several years already, and will also do so for the appeal in the Supreme Court. Dr. Kilian has already suffered enormous personal and professional costs defending and protecting the rights and health of Canadians. She has also been billed $96,499 by the CPSO for court costs to date.
There is no doubt that the CPSO is trying to financially ruin her to stop this matter from being heard by the highest court in the land. You can donate at: https://www.givesendgo.com/KilianvsCPSO. Even just a few dollars could make all the difference.
Please also support Dr. Kilian’s unique new Integrative Health Care clinic, ‘K Wellness Canada,’ (see https://www.kwellnesscanada.ca/). This innovative, holistic Ontario-based clinic operates as a Private Membership Association (PMA) to ensure the privacy of its members.
We would like to thank Pamela Richardson for her exhaustive research into this case and her tireless campaigning for Dr. Rochagné Kilian. Much of the content of the above article has been directly provided by Pamela from her outstanding ‘Richardson Health Report’ Substack column, for which we are extremely grateful and appreciative.
The sources for this article include:
https://pamelarichardson.substack.com/p/courageous-canadian-doctor-dr-rochagne
https://pamelarichardson.substack.com/p/courageous-canadian-doctor-dr-rochagne-6fe
https://pamelarichardson.substack.com/p/courageous-canadian-doctor-dr-rochagne-501
To subscribe to ‘The Richardson Health Report’ please click: https://pamelarichardson.substack.com/