Ontario Superior Court of Justice Rules on Dr. Trozzi’s Appeal Against CPSO Tribunal

5 Min Read
Ontario Superior Court of Justice Rules on Dr. Trozzi’s Appeal Against CPSO Tribunal

Superior Court of Justice Rules on Dr. Trozzi's Appeal Against CPSO Tribunal

Doctor Mark Trozzi has been battling the College of Physicians and Surgeons of Ontario (CPSO) since first realizing there was something suspect about the way the Covid pandemic, and subsequent vaccine rollouts, were being handled by our government and medical establishments.

He spoke out frequently and publicly, using every opportunity to try to alert people to what he was seeing. It didn’t take long before the CPSO was after him, labeling his messages as misinformation and dangerous.

Dr. Trozzi found himself in front of a tribunal for his “unprofessional behaviour”, only to be found in violation of professional standards and have his license to practice in Ontario revoked.

Dr. Trozzi, with the support of his lawyer Michael Alexander, appealed the Tribunal’s decision with several valid arguments against their handling of his case.

The first issue of note points to their failure to even mention two scientific reports from Dr. Trozzi which, according to Alexander, “were tendered to respond to the expert witness report provided by Dr. Gardam, the College’s main expert”. He goes on to say that these reports contained references to over 160 internationally recognized, peer-reviewed articles, while Dr. Gardam’s report referenced less than a dozen sources. “[The reports] were the subject of my cross-examination of Dr. Gardam,” and “were also hotly debated during closing submissions.”

Instead, the Court maintained that the reports had never been introduced into evidence and were, therefore, irrelevant.

The Tribunal also failed to mention Alexander’s cross-examination of Dr. Gardam, where Gardam admitted that he agreed with the major points of science advanced by Dr. Trozzi’s reports.

Alexander explains “In legal parlance, this is referred to as impeaching the witness; a mode of questioning whereby the witness is put in contradiction with his or her [previous statements].”  Essentially, the CPSO’s main expert became a witness for Dr. Trozzi in that moment. Alexander believes this “is clear evidence of bias and should have led the Court to overturn the Tribunal’s decision.”

Despite what should have been a huge turning point in proceedings, this moment was entirely wiped from consideration and the tribunal maintained that the evidence Dr. Trozzi put forward amounted to nothing but misinformation.

Unfortunately (but not at all surprisingly, given recent rulings in similar cases) his appeal ended much the same. The Ontario Superior Court of Justice decision fully rejected Dr. Trozzi’s Charter arguments, affirming the Tribunal’s ruling that the CPSO’s measures were lawful and within its regulatory authority.

The court reasoned that while Dr. Trozzi’s Charter rights were engaged, the limitations imposed were justifiable under Section 1. The ruling further emphasized that professional regulatory bodies (like the CPSO) can legally restrict certain expressions or actions by members when they conflict with public health obligations or professional standards.

Never in our history has our Charter of Rights and Freedoms been challenged as thoroughly in our courts, as it has been since the pandemic.

Dr. Trozzi is only the most recent Canadian to find out that his individual rights must take a back seat to the medical establishments. The Hippocratic Oath also carries little weight, when we see that these authorities can force doctors to do harm for ‘the greater good’ or risk their careers.

It is a sad realization, but also a wakeup call. We need to continue our fight to maintain the rights we have (those acknowledged by our courts) so that we can make the changes necessary under a better government and avoid this ever happening again.

We applaud Dr. Trozzi for his determination and tenacity.

To read more on Dr. Trozzi’s case, click here 

Share This Article