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On October 6, 2023, the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) of the College of Physicians and Surgeons of Ontario (CPSO) found that Dr. Mark Raymond Trozzi, a physician from northern Ontario, had made misleading, incorrect or inflammatory statements about vaccinations, treatments and public health measures for COVID-19 in social media postings on his website and in interviews.
FACTS
Between January 2021 and January 2023, Dr. Trozzi made a number of posts on his publicly accessible website that formed evidence in the tribunal hearing. Some of the posts included the following statements:
The CPSO called upon a number of expert witnesses in support of their prosecution against Dr. Trozzi:
Dr. Trozzi tried also to call upon expert witnesses however the OPSDT limited his ability to do.
After reviewing all the evidence, the OPSDT found that Dr. Trozzi had spread misinformation by denying well-established facts in a deliberately inflammatory manner to undermine public health measures during a pandemic by making the following public statements:
The OPSDT found that dissemination of this misinformation about the COVID-19 pandemic and the public health measures aimed at combatting the pandemic resulted in real harm to the public.
According to the OPSDT, what is reasonably expected of the ordinary, competent practitioner is that they refrain from spreading misinformation and conspiracy theories intended to undermine public health measures during a pandemic. The OPSDT found that many of Dr. Trozzi’s communications on COVID-19 failed to maintain this standard. Moreover [at paras. 119-120]:
In sum, the member promoted non-scientific and baseless conspiracy theories about COVID-19, cast doubt on the motives of public health officials around preventative measures and discouraged adherence with public health interventions. A finding that his conduct was disgraceful, dishonourable and unprofessional would protect the public interest in the context of the pandemic, where misinformation has been shown to cause actual harm to the public. The public is protected when it is not led into thinking that the pandemic is a hoax. It is protected when it is not misled into doubting the trustworthiness and motives of health authorities and ignoring public health measures to counteract the pandemic.
Based on these same circumstances, a finding that the member’s conduct failed to meet the standard of practice of the profession also advances the statutory objective of protecting the public from harmful misinformation during the pandemic.
With respect to the argument by Dr. Trozzi that his rights under the Charter of Rights and Freedoms were violated, the OPSDT determined that a finding of professional misconduct does not impair the member’s freedom of expression more than is necessary to achieve the objectives of protecting the public interest in a global pandemic, maintaining the integrity and reputation of the profession, and promoting trust in the profession.
DECISION
In the end, the OPSDT found that Dr. Trozzi has engaged in conduct that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, has failed to maintain the standard of practice of the profession and failed to respond appropriately or within a reasonable time to a written inquiry from the CPSO.
The OPSDT further determined that Dr. Trozzi is incompetent as defined by subsection 52(1) of the Health Professions Procedural Code.
The OPSDT will schedule a hearing on penalty and costs.
Decision Date: October 6, 2023
Jurisdiction: Ontario Physicians and Surgeons Discipline Tribunal
Citation: College of Physicians and Surgeons of Ontario v. Trozzi, 2023 ONPSDT 22 (CanLII)
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