PRIVACY IS YOUR RIGHT!

Ontario Medical Doctor Under Fire!

In 2021, the CPSO opened an investigation into Dr. Kustka’s medical practice based on a racially prejudiced complaint to the Registrar by a non-patient. Her patients deeply respect their doctor for not violating the law and believe Dr. Kustka complied with the CPSO investigation in accordance with the existing laws, while also legally contesting the validity of the investigation in court. She fulfilled her ethical duty to her patients by respecting their request to release only redacted records to the investigators. At tremendous personal risk, she has stoically endured untold stress and financial hardship defending the rights of her patients to the privacy of their personal information.

In April 2023, the Divisional Court of Ontario dismissed Dr. Kustka’s judicial review as premature and the Ontario Court of Appeal refused to hear the appeal. “The CPSO exists to protect the public. We are the public,” assert her patients, “and we deserve to have our voices heard.”

Dr. Sonja Kustka

My name is Sonja Kustka and I have been a practising physician for 40 years. I graduated from the University of Toronto medical school in 1984. I have a very busy family practice with over 2,000 active patients, some of who have been with me for 20 plus years.

I am currently still under investigation by the College of Physicians and Surgeons of Ontario (CPSO) who have accused me of professional misconduct for being ungovernable and non-compliant, for not disclosing personal information from patient files. I continue to be at risk of losing my license.

The CPSO has demanded access to all my patients’ private and confidential medical records, because a third party reported me for writing a mask exemption for a six year old child. I immediately offered the College redacted medical records, which they refused. I have upheld my oath to protect privacy and not breach patient trust and confidence, since patients have objected to and not given consent to the release of their personal information to the CPSO.

This matter has gone before Divisional Court with the courts effectively ruling that Canadians have no right to privacy when it comes to regulatory bodies like the CPSO. My lawyer, Paul Slansky, and I continue to challenge the overreach of this demand by this governing body.

In March 2023, my Application for Judicial Review with the Divisional Court as well as that of my patients who were seeking standing in the issue of the release of their private medical information were dismissed. In April 2024, one of my patients appeared before the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) and was again denied standing and told patients have no reasonable expectation of privacy. The patients continue to assert that this constitutes regulatory overreach. They continue to support me in protecting their personal information.

On August 13th, 2024, my lawyer argued a Motion to Dismiss at the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) on my behalf. The outcome of this Motion is pending and expected soon.

HOW TO GET INVOLVED!

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We continue to support Dr. Kustka through this battle, and appreciate any support you can offer for connections, or assisting with her ongoing legal fees. You can donate by E-Transfer to donate@privacyisyourright.ca or contact us at info@privacyisyourright.ca for more information or to request to receive updates on her case.

News and Media

Talk Nation Radio with Randy Taylor

Randy Taylor is joined by Leslie Peel, Dr Rochangne Kilian, Dr Sonya Kustka and laywer Paul Slansky to discuss the critical issue of medical records privacy in Ontario. The CPSO's actions against the doctors have raised concerns about regulatory overreach and the balance between oversight and individual privacy rights.

VSRF Live with Steve Kirsch

Steve Kirsch speaks with Canadian physician Dr. Sonja Kustka whose license is currently in jeopardy under Canada's oppressive public health regulator, The Canadian College of Physicians and Surgeons.

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info@privacyisyourright.ca

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