Unmasked Alberta Chiropractor Faces Discipline by Regulatory College

People wear masks as they walk along a street in Montreal on Nov. 29, 2020. Graham Hughes/The Canadian Press

The tribunal of Alberta’s regulatory body for chiropractors has ruled against Calgary chiropractor Dr. Curtis Wall for not wearing a mask during the pandemic.

The College of Chiropractors of Alberta (CCA) sought to discipline Wall for not wearing a mask at his clinic, not observing two metres of social distancing while unmasked, not installing a plexiglass barrier in his reception area, and not requiring patients to be masked either, beginning around June 2020.

In a statement issued Feb. 1, the CCA’s hearing tribunal wrote,

“[T]he Hearing Tribunal has found Dr. Curtis Wall’s conduct does constitute ‘unprofessional conduct’ and their decision for penalty is forthcoming.

“The College of Chiropractors of Alberta, as a regulatory body, has an obligation under the Health Professions Act to ensure the public receives safe, competent and ethical care from regulated members.”

Lawyer James Kitchen of Liberty Coalition Canada, who represented Wall, railed against the ruling in a Feb. 7 email.

“[T]he decision is riddled with errors of fact and law and is so poorly decided it is an embarrassment to the chiropractic profession,” the email said.

“It is shocking the lengths the tribunal went to dismiss the evidence of Dr. Wall, three of his patients, and his four expert witnesses while blithely accepting all the evidence of the College…The decision is an egregious manifestation of pre-determined, results-oriented decision-making.”

In an interview with The Epoch Times, Kitchen said he sought to put as much evidence on the record as possible.

“I set this whole case up knowing that the tribunal would likely do whatever the college and the college’s expert told him to do. I set the case up such that if the tribunal did that, they would have to make themselves look very foolish to do so,” Kitchen said.

“If I’m really putting my cynical hat on, I don’t know if there’s anything that surprises me, really. It should shock me the degree to which they twisted the evidence, left out the evidence. The only thing that surprises me a little bit is the lack of effort they put in to hide their bias.”

Testimonies

The Epoch Times reached out to the CCA for comment. Communications manager Dana Myckan replied by email, stating: “Pursuant to the Health Professions Act, all Hearing Tribunal decisions are posted publicly on the CCOA website. This is the extent of the information that the CCOA can share on behalf of the Hearing Tribunal.”

The CCA sought a publication ban on testimony during the hearings, which began Sept. 1, 2021, and concluded on June 17, 2022. The tribunal allowed the testimony to be publicized, but initially ruled that the names had to be redacted. That testimony, first publicized by The Epoch Times last March, now publicly includes names.

Respirologist Dr. Bao Dang, viral immunologist Dr. Byram Bridle, infectious diseases specialist Dr. Thomas Warren, and occupational health and safety (OHS) consultant Chris Schaefer testified on behalf of Wall.

Schaefer said that tests he has conducted consistently showed that mask wearers experienced oxygen levels so low and carbon dioxide levels so high within 30 seconds of wearing that if such levels occurred naturally at a worksite, OHS rules would require the work to stop.

Family physician Dr. Jia Hu, who testified for the college, said masks were effective and had no known harms. Under cross-examination, he acknowledged that he was not a virologist, an immunologist, a respirologist, or a medical microbiologist, and also admitted that for “people with extreme anxiety, [masks] can make you anxious.”

‘He’s Still Pretty Dismayed’

The ruling noted that Wall initially wore a mask, but in June 2020, he “self-diagnosed as having an anxiety disorder. He believed that his self-diagnosis qualified him for a medical exemption from wearing a mask. As a result, he stopped wearing a mask when treating patients.”

It added that Wall never contacted the college to let it know his condition or request an exemption, and said Wall’s son also worked at the clinic and did not wear a mask.

Kitchen said Wall could face a suspension of his practice but will appeal this ruling or any attempt to make him pay the CCA’s legal costs, which the college stated during the hearings were in excess of $200,000. Kitchen said a recent court precedent suggests the CCA will be unable to recoup costs in a ruling.

An appeal would be heard by the council of the college, which is the college’s governing body. It consists of five chiropractors elected by their peers along with five members of the public appointed by the government. Should Wall lose there, he could take his case to the Alberta Court of Appeal. Kitchen said Wall will go the distance.

“I warned them that this is how I expected it to go. So he was prepared,” Kitchen said.

“He’s still pretty dismayed that people could have this much evidence staring them in the face and just ignore it and follow the narrative. It’s hard for him. He’s an idealist. He’s really big on truth and people doing what’s right.”