Toronto ON M7A 1A1
Toronto, ON M7A 2T4
- Thoroughly read my Complaint: but you didn’t.
- It was screened out by a subordinate and rejected on a false technicality and signed by her.
- I sent you an appeal that started with an expression of my anger. In my frustration I used a couple of words of profanity that you apparently took as a personal offence and refused my appeal out of spite for the insult
- You never bothered to thoroughly read the allegations I made and the supporting evidence I submitted or you never would have been stupid enough to reject my appeal for no reason as you did and request I never contact you again. That was an act of Criminal Negligence and Malfeasance of your Mandate.
- Illegal seizure of Confidential Medical Patient files
- invasion of their privacy
- a decision to risk harm to the victims by refusing to release them,
- that constitutes Criminal Negligence! Sections 219.1 and Sec 221
Ontario’s New Tort of Invasion of Privacy
- was intentional (including reckless conduct);
- constitutes an invasion of the plaintiff’s private affairs or concerns without lawful justification; and
- that a reasonable person would regard the invasion as highly offensive, causing distress, humiliation or anguish.
- The OIPRD will also contact the police to tell them you have requested a review and give them a copy of the form. We will ask the police to send us all the information they have on your complaint.
- What time frame are we looking at? What is the maximum time they can take to respond and provide their documentation?
- Once we have received your file from the police, we will assess your case and make a decision about it.
- How long will that take?
- If we agree you, the OIPRD will give instructions to the Chief of Police/Commissioner of the OPP about your complaint. The police must follow these instructions. We will tell you about our decision and what happens next.
- What if I disagree with your proposed instructions to Chief of Police/Commissioner of the OPP? Do I have any input or control as to how the investigation should be conducted?
I do not believe that access to the contents of 4000 file can be justified by one single search warrant for a Doctor’s office. The Official Policies of both the Canadian Medical Association and the College of Physicians and Surgeons of Ontario state that the contents of any medical file in the custody of a Doctor can only be revealed to medical professional necessary for treatment. Any outside third party access must be authorized by a warrant for that file. Every file was entitled to secrecy and a warrant. If this was an intentional illegal breach of privacy by the police it was an illegal act repeated every time they stuck their noses into a file. And on and on.
None of that matters to me because I’ve tried to find out for over a year if it was legal and failed. No one will answer at any level of responsibility. I have therefore lodged an FOI Request for both the Warrant and the Information to Obtain
It does not matter whether file secrecy was illegally breached or not, what makes me a victim and entitled to recourse and justice is that Sergeant Mark Duval failed to return files with the utmost speed to the patients to whom they belonged. Every person in the chain of command knew that the failure to return these documents to their rightful owners was to cause great hardship and inconvenience.
I am one of the patients who had their applications seized. There is no record of my application because it wasn’t yet in the files and the OPP won’t admit they have it in their possession. It was waiting for me to get back to them with a replacement cheque. He had not yet signed my application and all my documentation was in the Hold file. I submitted my application in Mid-January and got the call a week later but hadn’t sent a replacement cheque yet because there was no rush. I was outraged by the seizure, inspection and refusal to return the medical files. It was a outrageous invasion of privacy but I couldn’t complain. My file had not yet been formally entered as a Medical File in his records and not yet subject to Medical Confidentiality as private. It was just laying there, wide open.
It was only two weeks ago that I became aware of Criminal Code Section 219 and its applicability to police officers in the discharge of their duty
Criminal Code - Criminal negligence
Sergeant Duval and everyone in his chain of command knew that there would be serious consequences to the patients who owned them if the files were not promptly returned and there was an emergency. That is simply common sense and a fact. There is no excuse of ignorance on the part of the whole chain that this was a flagrant violation of Criminal Code Section 219 that law enforcement should do no harm.
They were fully aware that they would intentionally be creating the risk of great harm in an emergency. What is more contemptible is that this was in search of information that was beyond their legal reach in the top secret files of Health Canada at the Medical Marihuana Access Division. The identities, locations, class of grow-op, capability and size, the most importantly the expiry date of every one of 4000+ Medical Marijuana The last date of issue was before New Years 2012 so every one of them has now expired.
Sergeant Duval is still holding these files and has not returned them, and not one of the superiors above him countermanded his action and ordered their return before anyone suffered any harm from their inaccessibility. What is most contemptible is that all them also was aware that all licenses had a one year expiry and to not return them and deny access to all the extremely valuable medical documentation they contained was an intentional obstruction of the renewal of every Medical Marijuana license.
The resultant harm can now be tallied up and it is time the cops were stopped from arresting and charging medical marijuana grow ops and possessors when their crime was the direct result of the arresting cops preventing their renewal. It’s a premeditated entrapment.
There have been many more serious cases of patients who have been harmed by lack of access to their medication and I have heard of one death before information requested was forthcoming after great efforts to get its release. A great number of symptom recurrences and physical agony resulting from the inability to grow and maintain an adequate supply of what should have been their legal medication supply.
I think the failure to recognize the consequences of their action was intentional and criminally negligent. Sergeant Duval was aware of the consequences of his actions and simply ignored the damage he was causing. To me this is a wanton and reckless disregard for the lives or safety of others and a violation of Criminal Code Section 219. The chain of command was aware of and ignored his actions and did not order him to cease and desist immediately. They were aware of the damage being done and by failing to correct their subordinate similarly showed a wanton and reckless disregard for the lives or safety of others and are guilty of a similar violation of the Criminal Code.
That is my complaint. I am a victim, I have been damaged and I have a lot of company who are as angry as I.
This is not an isolated instance of the intentional disregard of Section 219. It has become common practice for and increasing number of police actions across Canada. As just one of two examples I know of a licensed designated grower whose license expired because of the callous disregard shown in my case. It may be hearsay but it appeared in Facebook. It was a large facility handling two grows for patients with authorization for large quantities of edible cannabis. The grower was arrested, his crop chopped, all cannabis seized, all grow equipment worth thousands destroyed or confiscated. They were fully aware that the two licenses to grow were large and destined for patients with symptoms severe enough to warrant the size of the licenses: and that the cannabis that they destroyed was a legal medication and to confiscate it was to initiate the recurrence of pain, nausea, and manifold other symptoms.
There have been multiple similar instances of smaller personal and designated grow ops being shut down because of the intentional obstruction of their license renewals.
In a similar vein, the police disregard for the necessity of dispensaries and their arbitrary closure causes great harm and inconvenience to every one of their customers. They don’t sell to the street, they sell to licensed customers and their closure has the same effect as chopping down a legal designed grow op.