Brampton Doctor Backed by Elon Musk to Appeal Court Decision Upholding Rebuke for Anti-Lockdown Tweets

Brampton Doctor Backed by Elon Musk to Appeal Court Decision Upholding Rebuke for Anti-Lockdown Tweets
The Ontario Superior Court building in Toronto in a file photo. (The Canadian Press/Colin Perkel)
Adam Brown
5/13/2024
Updated:
5/20/2024
0:00

A Brampton doctor, with financial backing from Elon Musk, plans to seek a reversal of an Ontario court’s refusal to quash three orders that cautions be placed on her public file for questioning the COVID-19 lockdowns and vaccines on social media.

Doctor Kulvinder Kaur Gill said in an X post that she will appeal the May 13 refusal by the Ontario Superior Court of Justice’s divisional court to quash the orders that cautions be placed on her file by the College of Physicians and Surgeons of Ontario for her series of 2020 tweets.
Dr. Gill, who said she has spent her life savings on legal fees fighting lawsuits and “smear campaigns,” announced in March that X, Mr. Musk’s social media company, had pledged to help her with her legal fees.

Dr. Gill’s lawyer Lisa Bildy told The Epoch Times that although X has already confirmed funding for an appeal, “we need to get leave from the Court of Appeal first, as is normal after a divisional court ruling.”

“We will be focusing argument this time on errors made by the divisional court, rather than those made by the CPSO screening committee,” said Ms. Bildy, who is from the firm Libertas Law.

Dr. Gill, who drew attention for questioning anti-COVID measures in 2020 and again last month when Musk offered to pay her legal fees, had argued in court April 10 that the CPSO’s cautions and its related notice to hospitals and regulators across North America were punitive and stifled debate about the COVID measures. She sought to have them overturned.

The three caution orders examined by the court relate to two posts Dr. Gill published on Twitter, now known as X, during the lockdowns of August 2020.

The first read “There is absolutely no medical or scientific reason for this prolonged, harmful and illogical lockdown” and the second said “If you have not yet figured out that we don’t need a vaccine, you are not paying attention.”

The court said in its decision released May 13 that “when the college chose to draw the line at those tweets which it found contained misinformation, it did so in a way which reasonably balanced Dr. Gill’s free speech rights with her professional responsibilities.”

The court said the CPSO “did so in a manner that offered some protection to the public, but was minimally intrusive to Dr. Gill. In other words, its response was proportionate.”

The court also dismissed Dr. Gill’s arguments that the CPSO caution orders were punitive, stating that “cautions are educational and remedial in nature and do not reflect a finding of professional misconduct.”

Libertas Law argued in a May 13 press release that the court has not considered “the fact that cautions have, only in recent years, become a public rebuke rather than a private ‘correction’ of a professional by their peers.”

The appeal by Dr. Gill, a specialist in pediatrics, allergies, and clinical immunology with 340,000 followers on X, will receive the support of Mr. Musk “since her posts were made on the X platform which supports free expression and dialogue, even on contentious issues and particularly on matters of scientific and medical importance,” Libertas Law said.

The legal battles caught the attention of X in March, prompting the company to offer to pay Dr. Gill’s costs.

“Because she spoke out publicly on Twitter (now X) in opposition to the Canadian and Ontario governments’ COVID lockdown efforts and vaccination mandates, she was harassed by the legacy media, censored by prior Twitter management, and subjected to investigations and disciplinary proceedings by the College of Physicians and Surgeons of Ontario that resulted in ‘cautions’ being placed on her permanent public record,” X said. “X will now fund the rest of Dr. Gill’s campaign so that she can pay her $300,000 judgment and her legal bills.”

The law firm said after the April 10 hearing that Dr. Gill’s X tweet stating that “we don’t need a vaccine” came before any vaccine was actually available, and was referring to a statement by Chief Public Health Officer of Canada Theresa Tam that lockdowns could persist for two or three years despite plans to release a vaccine.

Dr. Gill came to be smeared as an “anti-vaxxer” even though she “has always been a proponent of routine childhood vaccines in her clinical practice,” Libertas Law said.

Dr. Gill faced constant investigations and disciplinary actions by the CPSO beginning in August of 2020 because of her online advocacy, the law firm said. She also became the target of a “malicious online campaign” by other physicians, media, and members of the public to generate complaints against her tweets.

“In total, seven public (non-patient) complaints were made to the CPSO about her online commentary on X, and a separate high-level Registrar’s investigation was also initiated,” the firm said.

The CPSO didn’t respond to a request for comment.

Editor’s note: This article was updated on May 20 to clarify that Dr. Gill is challenging orders that cautions be placed on her file.