Calgary Chiropractor Who Refused to Follow Mask Mandate Reaches Settlement with Regulator
A Calgary chiropractor who faced discipline from the Alberta regulatory board for not wearing a mask while treating patients during the COVID-19 pandemic will be able to keep practicing after an agreement was reached in his disciplinary case.
In May 2020, the College of Chiropractors in Alberta (CCOA) introduced a mask mandate for all provincial chiropractors as a response to the pandemic, according to the Liberty Coalition of Canada (LCC). The organization provided legal advice in the case in support of the chiropractor, Curtis Wall.
Mr. Wall says he tried to comply with the policy but that he suffered from “severe anxiety and claustrophobia” while wearing the mask, according to the LCC. He said that due to these issues, and his belief that masks were ineffective, he stopped wearing them while treating patients.
The CCOA received a complaint from Alberta Health Services in December 2020 about Mr. Wall not wearing a mask, which is how the regulatory body became aware of the situation, according to the written decision on their website.
The CCOA accused Mr. Wall of unprofessional conduct and a disciplinary hearing was held in Sept. 2021.
In August 2023, the CCOA concluded that Mr. Wall had five counts of violations, primarily not wearing a mask while with patients, not requiring staff or patients to wear a mask, and not following public health orders.
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The regulatory college also said he showed “unprofessional conduct” by not informing patients about the masking requirements or the importance of masking to prevent transmission of the virus. However, the written decision notes that “there is no evidence that any harm came to any of Dr. Wall’s patients” as a result of his actions.
Mr. Wall had challenged the findings and the actions of the CCOA.
The two sides reached a settlement on July 15, and agreed on a public statement on the matter.
“The College of Chiropractors of Alberta and Dr. Curtis Wall have reached an agreement that settles all aspects of the unprofessional conduct matters involving Dr. Wall. Dr. Wall is no longer challenging the findings of unprofessional conduct,” the statement says.
Mr. Wall’s lawyer, James Kitchen, said he can’t publicly comment on the case due to the settlement.
The college referred The Epoch Times to the joint statement in response to a request for comment.
Legal Arguments
Mr. Wall’s legal team argued that the mask mandate violates the Constitution Act, violates the Alberta Human Rights Act, and that the college discriminated against him by not accommodating his religious beliefs or accounting for the adverse effects he said wearing masks had on him.
“Dr. Wall submits that he acted professionally in protecting his patients from the harms of masking, that he lawfully exercised his Charter 2(b) right to free expression in discussing the truth of masks with his patients, and that he did not breach any applicable CMOH Orders,” his legal team told the tribunal.
During the course of the tribunal, Mr. Wall’s attorney brought in medical experts that told the board masks are not effective in reducing COVID-19 transmission, and cited risks they said wearing masks can pose. The college brought in its own expert to argue to the contrary.
Mr. Wall was ordered to pay $65,000 as a disciplinary action. He was permitted to make monthly installments on the fines, the decision says. However, if one payment was missed, Mr. Wall would lose his practice permit.
The college also wanted Mr. Wall suspended for three months. However, because he had complied with additional terms and conditions the college asked of him, this disciplinary action was not accepted and he was able to keep his practice permit.
