“This is a case about physicians' Charter-protected right to express themselves without threat of punishment by their regulator."
Dr. Kulvinder Kaur Gill has asked the Supreme Court of Canada to hear her appeal of a series of superior court decisions that upheld the right of the College of Physicians and Surgeons of Ontario (CPSO) to restrict her free speech. Gill is an outspoken critic of Covid-19 mandates. She discussed the decision in a post on X.
"Today we filed for leave to the Supreme Court of Canada to appeal three "cautions” ordered by CPSO in Feb2021 for my Aug2020 tweets opposing harmful lockdowns. I'm grateful to @elonmusk @X for their support to defend the freedom of speech and conscience of Canadian physicians. Further details (including all filed factums) can be found in the link quoted above and my threads and subthreads linked below covering my ~5yr unjust journey for being compelled by my conscience to first, do no harm and oppose lockdowns."
The CPSO ordered a series of "cautions" against Gill in February 2021 after Gill had posted criticism of Covid mandates and the then-public health policy that advocated isolating, masking, multiple vaccinations and social distancing. The CPSO had issued a declaration on its website in April of 2020, warning physicians not to provide “an opinion that does not align with information coming from public health or government.” The cautions amounted to censorship and a court ordered Gill to pay the college $6,000 in legal costs. Gill is seeking to have the admonishment removed from her professional record. The CPSO has also pursued Dr. Mark Trozzi in his criticism of mandates, citing him for spreading “misinformation.”
Gill’s lawyer, Lisa Bildy, said her client provided the CPSO with “ample evidence” that the lockdowns were ineffective in combating the pandemic. She applied to the Ontario Court of Appeal to hear her case but it was denied on Oct. 3, 2024.
"The growing overreach of regulators into monitoring the speech of professionals on social media has become a matter of national concern to the public, which loses the benefit of hearing a variety of opinions when professionals’ speech is chilled out of fear of punishment," Bildy said in a news release. The Province of Alberta has even announced legislation to curtail this regulatory overreach. "We hope that the Supreme Court of Canada will use Dr. Gill’s case to restore the historic role of the courts as guardians of the constitution," Bildy said.
Bildy said throughout Gill’s legal ordeal, basic rights guaranteed by the Canadian Charter of Rights have been ignored and there has only been passing interest in protecting free speech.
"This is a case about physicians' Charter-protected right to express themselves without threat of punishment by their regulator. During Covid, the CPSO posted an edict on its website, cautioning doctors not to express opinions that did not align with government or public health statements. Essentially, everyone was supposed to get in lockstep behind these measures," Bildy told The Post Millennial in an interview.
"Dr. Gill instead followed her conscience and evidence-based concerns and continued to speak out against lockdowns, mandates and other harmful policies. For this, she was subject to public complaints that her regulator investigated and ordered her to be cautioned over. She filed a judicial review application with the courts, which was unsuccessful. She then asked for leave to appeal to the Ontario Court of Appeal, but this was denied. Now she is asking the Supreme Court of Canada to grant her the ability to appeal at that level."
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