Ontario Doctors’ College Withdraws Misconduct Allegations Against Physician Over COVID-19 Posts

People gather to protest COVID-19 vaccine mandates and masking measures during a rally in Kingston, Ont., on Nov. 14, 2021. (The Canadian Press/Lars Hagberg）

An Ontario doctor who used social media to share his criticisms of public health responses to the COVID-19 pandemic will not be disciplined by the College of Physicians and Surgeons of Ontario (CPSO).

The CPSO has formally withdrawn misconduct allegations against Dr. Jean Marc Benoit, who it had accused of making “misleading, incorrect or inflammatory statements about vaccinations, treatments, and public health measures for COVID-19.” The allegations were based on his social media posts related to COVID-19.

During the initial stages of the pandemic, Dr. Benoit engaged with medical and government officials, advocating for best practices in managing the crisis. His commentary extended to social media, where he critically discussed topics such as the inadequacies of pandemic data, the harms of lockdowns, conflicts of interest in public health policies, alternative treatments, and reported vaccine injury data.

A seasoned family and emergency physician with various clinical and hospital roles, including leadership positions at Brantford General Hospital, Dr. Benoit has been an active voice in the COVID-19 discourse, according to a Jan. 30 release from The Democracy Fund (TDF).

Dr. Benoit’s posts, which grew increasingly critical of public health responses and their impact, seemed to contradict a directive from the CPSO, which had urged physicians to align their public statements with government public health policies.

“Your comments or actions can lead to harm if you are providing a medical opinion that does not align with information being provided by public health officials and all levels of government,” said the directive.

“It is essential that the public receive a consistent and clear message.”

The college’s investigation into Dr. Benoit’s conduct was initiated in the spring of 2021 following complaints from two other physicians. These complaints culminated in a hearing where Dr. Benoit pleaded “no contest” to a charge of failing to respond to a CPSO communication. His plea led to a reprimand, while the CPSO formally withdrew the more serious allegations related to his social media posts.

“I respect that the CPSO must respond to concerns about physicians’ behaviour, especially in a clinical setting,” said Dr. Benoit in a Jan. 30 statement.

“During COVID, they went further by curtailing criticism of public health measures, perhaps to contain panic. This approach may have had unintended effects on public trust. I hope that the College finds a smoother approach in the future—one that also respects individual physicians’ rights and responsibilities to advocate for the health of patients and fellow citizens, particularly under emergency situations where the facts and implications are not fully known and should not be assumed.”

Dr. Benoit’s legal representation was provided by lawyer Lisa Bildy of Libertas Law, supported by TDF. Ms. Bildy highlighted the rarity of physicians publicly questioning public health measures due to the risk of severe financial and professional consequences.