The Ontario Divisional Court has sided with regulators in suspending the practice of a physician who handed out a Covid-19 vaccine exemption to a patient.
In a decision handed out this week, Dr. Crystal Luchkiw was admonished for having opposing views about the pandemic and not abiding by public health requirements.
“I am satisfied that the conclusion of the (regulator) — that she was ungovernable and as a result her patients were exposed to harm and/or injury — is reasonable and supported by the evidence,” wrote Justice William Chalmers.
In a podcast appearance on the Democracy Fund earlier this year, Luchkiw discussed her suspension and the ensuing fallout.
“My suspension in my community has caused such chaos, amongst pharmacies, amongst my colleagues, amongst my patients,” said Luchkiw.
“And I have quite an existential crisis dealing with not being able to care for my patients.”
Luchkiw has said she hopes to appeal the decision. During an investigation by the College of Physicians and Surgeons (CPSO), Luchkiw refused to hand over documents to investigators.
“She took the position, through her counsel, that the College did not have the lawful authority to conduct the investigation,” explained Justice Chalmers.
Luchkiw is not the only Ontario doctor being investigated for controversial statements about the pandemic and the public health response to it.
Dr. Kulvinder Kaur Gill has also teamed with the Democracy Fund to request that her record be scrubbed after she was cited by the College for speaking out against lockdowns at the height of the pandemic.
“It was unreasonable for the CPSO to insist that doctors’ comments align with the government,” explained lawyer Lisa Bildy.
“The College’s duty is not to the government, but rather to the public, and those interests are not necessarily aligned.”
