After receiving the College's decision regarding my complaints, I decided to file an appeal with the Health Professionals Appeal and Review Board.  This is a PUBLIC hearing.   The college did agree with me on some of my complaints by "counselling" Dr. R. E. G. L and Dr. T. S. and giving a "Letter of Caution" to Dr. A. N.  I do not feel this was adequate. 

Section 219 - Criminal Code
Criminal negligence
  •  (1) Every one is criminally negligent who

    • (a) in doing anything, or

    • (b) in omitting to do anything that it is his duty to do,

    shows wanton or reckless disregard for the lives or safety of other persons.

  • Definition of duty

    (2) For the purposes of this section, duty means a duty imposed by law.

  • R.S., c. C-34, s. 202.

I would like to state that I was prohibited from audio taping the proceedings because the lawyer for the doctors objected to this.  She claimed she would not go ahead with the appeal if I was allowed to tape this.  I believe this to be an infringement on my rights as a Canadian citizen since the law currently states that if you are a party to a conversation it is perfectly legal for you to tape it.  Since I wanted to proceed with the appeal I conceded "under protest".  Be aware that at a prior appeal against the nurse I was allowed to tape the proceedings as there was no objection from either the panel or the lawyer for the nurse.  The lawyer for the doctors' claims my website is my perspective on the events leading to my son's death. May I say that my perspective comes from the hospital records and my being there almost the whole time.  She also speaks to how my recordings of the proceedings may end up on this site.  Perhaps she has forgotten about "free speech" in this country.  If she is so certain that she has the truth behind her, why would she be concerned that the doctors' position and the position of the CPSO be published.  I would think this would only help substantiate their decision.  Remember this was a PUBLIC hearing and any one from the public is welcome to attend and hear all evidence given. 

The following is taken from the Criminal Code of Canada section 184 :

Conclusion regarding the one party consent exception

The foregoing indicates that, in Canada, it is legal to record your own conversations, whether they are had on the telephone or in person. However, it is illegal to record a conversation if you are not one of the intend recipients of the communications made in that conversation.
 

Apparently HPARB is allowed to disregard Canadian law and make up their own rules. 

SEE PAGE 11

Public access to proceedings

 

HPARB is only allowed to speak to the investigation by the College.  They can only make recommendations if they feel the investigation was inadequate.  I have been told that the college does NOT do an "exhaustive" investigation.  This tells me my son's life was not worth an "exhaustive" investigation.  They pick and choose what they will investigate and ignore what they want.

I believe it is perfectly legal for me to publish the hospital records including names.  However I have decided to follow HPARB and only submit the initials of the doctors as well as blocking the others in charge of Josh's care.  I am not intimidated by any of them and I am not afraid of incarceration or being sued.  I have decided to do it this way because I have another son and three beautiful grandchildren and I do not wish to cause them any more grief over this. 

The following are links to what I presented at my hearing.  They may seem long but most of it is medical records to substantiate my claims.  This is what I believe happened to my son.  You can judge for yourself.

Click on the links to view PDF files of my appeal to HPARB and the links to the decisions by HPARB underneath.   The appeals are in order of events.

Hparb appeal Nov 25/14

1.  Opening statement and appeal for Dr. A.N.

HPARB decision

 

2.  Appeal for Dr. R. E. G. L. psychiatrist

HPBARB decision

 

3. Appeal for Dr. T. S. and Closing Statements

HPARB decision

 

link to CPSO doctor search  

Hint:

You don't need a name to search just last initial and city. 

Dr G, the psychiatrist is no longer in Cambridge but in Milton and speaks Spanish.

 

 

 

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