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Cpso vs. Dr. Luchkiw disciplinary hearing
May 17 & 19th 2023
Today, the college of physicians and surgeons completed their task of getting me to their disciplinary tribunal when I have done nothing wrong. Their entire, and I mean entire, position and evidence relates only to the issue of my non cooperation with their continued abuses. Since I have never committed any offence and simply exercised my professional rights to choose not to follow Covid recommendations, the college has engaged in unlawful actions against a member. The college has a DUTY to legally enter into investigations against its members. The legal requirements are legislated by government that outline clearly the bounds of the college’s authority. It MUST meet the legislated requirements of 1/ the member must have committed an offence which constitutes professional misconduct. 2/ there must already be objective evidence (not suspicion) of this misconduct by that member.
These 2 legal requirements must be met for the registrar and ICRC to make their legal orders of investigation and assign investigators.
Neither of these requirements were met or fulfilled in my case. Infectious disease protocols are not within the jurisdiction of cpso to investigate. These powers lie within the ministry of labour and public health. Neither of these authorities can shirk their duties of inspection to cpso. Yet, this is exactly one of the investigation orders against me. And, I was already inspected by ministry of labour and also cleared by the college before Dr. Nancy Whitmore, registrar of the college, entered into this illegitimate investigation witch hunt against me. She did so because this type of insidious and unsuspecting overreach has been commonplace for cpso for decades. My case is clear as day. Each and every investigation launched against me contains Covid recommendations. There are no other possibilities for construing the cpso investigation being related to some other infraction. Yet, the tribunals and courts so far have all IGNORED my legal rights to review MY legal concerns of the colleges actions! Not one of the courts, adjudicators, and certainly not the college themselves have considered my legal questions. These won’t go away as the festering of unprecedented regulator micromanaging is now even more emboldened. Physicians will have absolutely no professional latitude and this will increasingly pressurize individual doctors’ consciences. Medicine is not a hallway of pressure to conform. It is an applied art, that utilizes scientific information as a tool to inform patient’s of their health and best options. Medicine is not a container through which the bloated bureaucrats at cpso, public health, hospitals, and government depict and dictate how practitioners can practice their art. Medicine is not a vehicle through which any individual patient can be discriminated or abused for their personal choices. Medicine is not a tool for power hungry myopic politicians and ceos to remove and oppress ethical, law abiding professionals. Yet, the last many years, all I have seen from leadership in medicine is the misuse and abuse of its fundamental principles for their own enrichment. In other words, I’ve seen a whole lot of the college and hospital leadership exploiting others to enrich themselves even more. If we allow this to continue, the entire profession and system will collapse in on itself. The only way medicine as a system of care can work is with the first principles of law, the oath and ethics of our profession, and compassionate and empathetic professionals treating each person as a valued and respected individual. Cpso has violated their duty to the public and are engaging in blatant disruption of the foundation upon which health care rose. Cpso has clearly disregarded its own responsibility and duty to cooperate with its own legislated powers. Who holds these regulators accountable if physicians cannot challenge the lawfulness of their actions? Who can if we can’t? There is no answer to that question because before the Covid era, no one has challenged the validity of the college’s authority to investigate if they didn’t meet the lawful requirements to enter this legal path. The part that bothers me to my core, is that the cpso and it’s agents do not acknowledge or accept any discussion or discourse about their responsibilities and the questions and concerns members have around these of recent times. They treat physicians as if we are the case file number assigned to the informational case, and dehumanize us to the point of having obvious disrespect and disdain for us as people. The cpso has expectations of physicians to effectively communicate and manage conflicts with patients but they take separate standards for themselves when conflicts arise between them and a member. I have serious legal concerns and questions of their actions that have been pushed aside, disregarded and ignored completely. Ask yourself, is that an acceptable standard of professionalism from the regulatory body of medicine? For me, that answer is a hard NO. It is completely unacceptable to not engage with a member bringing forth legitimate legal concerns and questions relating to their behaviours and actions as a professional public steward. My concerns have continued to grow in seeing how the college lawyers and investigators lie, cherry pick partial facts, reveal partial truths and forge forward taking doctors away from patients as they attempt to violate individual privacy. The ethical and legal violations of cpso and its agents is startling. Still to this date, the college committee members and registrar have never had a single conversation with me. How professional is that? How effective can conflict management be? How meaningful will the “solutions” they have actually be for patients? These are serious questions that need to be considered because they impact every patient’s care in the current system.
An investigation is a major stressor for a physician and there have been instances when physicians have not been able to cope with the abuse and maltreatment that they have suffered mental breakdowns or ended their lives. The cpso registrar and committee forged forward in its attack against me without any actual misconduct or evidence. They suspended my licence over a year ago leaving all of my patients orphaned in a shortage crisis. This is inexcusable. How any human being in any position of power feels this is an appropriate form of treatment toward a member of their profession is beyond me. And worse, how they believe they are somehow protecting the public from “rogue” doctors like me who stand firm protecting patient privacy and bodily autonomy against their persistent attempted violations. The threats made by the investigator who showed up at my office November 29, 2021 to illegally raid it were terrifying. He lied under oath in this proceeding stating he did not threaten my licence with suspension if I didn’t cooperate. He did, there are witnesses and he knows it deep within his soul. The value and Achilles heel in free will is that we can choose to lie or we can choose to tell the truth. Both have consequences. He must reconcile that with his own conscience. The type of people who work for the college and harass and oppress physicians in these Covid cases are straight up ignorant liars. They know nothing about the laws surrounding what they’re engaged in yet they threaten and abuse anyway. That type of quality of being is not acceptable to me and I will not accept it. If we cannot be honest and try to resolve professional issues with truth, full facts, and the authentic attempt for understanding how will we ever find viable solutions?!?!
After today’s hearing, it seems the adjudicator’s bias could not be contained and through her questioning of the law and her role, her reasoning was revealed. She is within the camp of the college. They refuse to face or acknowledge any reason for not cooperating as being legitimate. Obedience to the illegal actions is all that matters to them. If I lose my licence for doing nothing wrong, for asking serious questions, for expressing serious concerns, and for acting ethically by the laws of my profession so be it. Medicine is dead then anyhow. A physician should not have to fight this hard to be able to practice her art when she has done nothing wrong to begin with. She chose a different approach than most. Apparently this is no longer valued in medicine and the narrow reductionist model is narrowed even further.
the lessons I’ve learned along this journey have been invaluable, each leading to my personal growth and strength of character. My convictions of what is good, true and right in this world are unshakable as a result of the degradation in morality I’ve seen through the cpso and it’s agents’ behaviours and actions.
My calling and purpose is quite clear and while the cpso has been viciously trying to destroy me and my career, I’ve been building, creating and innovating a new paradigm for health, healing and well being. I am still a physician and I have incredible experiences and propriety knowledge to share with people in a decentralized manner. Check out my new adventure:
We are offering private members in our healing community what medicine is rejecting and actively removing - equality, individuality, agency, honesty, compassion, ethics, and self empowered root cause health and healing. If anyone is interested to learn more please visit the website or email me at firstname.lastname@example.org. Since medicine has rejected these principles, there can be no way they accuse me of “practicing medicine” when I am not. My path involves facilitating other’s self healing and health through cutting edge technologies and biophysics. Medicine ignores physics. And, although I cannot use their language the outcomes people experience speak for themselves!
If you know of anyone who distrusts the current medical “regime” as the college lawyer refers to themselves, send them to us to see how we can work together.
“An ounce of prevention is worth a pound of cure” any day, every day. When we give the body its fundamental building blocks that life is derived from, we can do wonders. There’s hope even when we are not aware of it.
Thank you for supporting me and I’ll share the tribunal’s decision when it’s rendered with my readers and supporters.