My Complaint to The Information and Privacy Commission of Ontario

The OPP Are Criminally Negligent

Bastards All Of Them.

They Fucked Us Over

I’m Returning the Favour

My Complaint to the Registrar- IPC

Information and Privacy Commission of Ontario                          April 13, 2013
2 Bloor Street East, Suite 1400
Toronto, Ontario M4W 1A8
Canada

Attn: Registrar.

Request To Access Personal Health Information.

Dear Sir:

On January 26, 2012 the office of Dr. Rob Kamermans in Bancroft, Ontario was invaded by a combined force of OPP and RCMP. Dr. Kamermans was arrested, removed and his office searched. Under the direction of OPP Sergeant Mark Duval, the Medical Files of over 4000 patients (who had come to the doctor to get their Applications for Licensing under the Medical Marijuana Access Regulations  signed), were packed up, removed and have not as yet been returned. My file was included in that seizure and despite manifold requests has not been returned to me: That also holds for the other 4000 patient files! All my initial requests to Sgt. Duval were repeatedly ignored and my phone calls not returned for over a year. After three years, the OPP still, to my knowledge, from contact with fellow patients on Facebook, refuses to release any back to their rightful owners for their Medical use.

All of the files seized related to patients who had already received their Licenses to Possess or Grow their Medication, each with a validity of one year. All of them had expired by January 26, 2013 and every patient has been denied access to vital medical information and documentation that was necessary for the renewal of their right to secure their legal medication. That knowingly caused harm to 4000 innocent Licensees and put their personal safety at risk because all faced a recurrence of the symptoms that qualified them for Licensing in the first place.

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In early 2013 I found that by holding and refusing to return vital medical files: Sergeant Duval and his entire chain of command were committing Criminal Negligence.

Criminal Code- Criminal Negligence Section 219.(1)

states:

219(1) “ Everyone is criminally negligent who:

o        (a) in doing anything, or

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

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

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

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offense and liable to imprisonment for a term not exceeding ten years.

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Having established the law had been broken; I prepared and submitted Complaint #130005918 to the Office of the Independent Police Review Director on June 20, 2013.

July 17, 2013 it was rejected and returned on a technicality in that I had not submitted the complaint within the six months time frame allowed by the Office. Whoever read my complaint did not acknowledge the fact that the crime was still in progress as it is today. It was not the Director who signed the refusal so I appealed the decision in a request for review addressed specifically to Mr. Gerry McNeilly- the Director and sent July 20, 2013. In my letter of appeal I pointed out the error in the timing of the crime and asked Director McNeilly to reverse the decision and start an investigation, Knowing that that would take an extended period of time I further requested that he contact the OPP Central Hastings Detachment promptly and request the release of the files.

Director McNeilly did nothing. He refused my request to reopen my complaint with no reason given. He did not have any concern for the victims who needed their files for renewal and did nothing to get them released. He further had "hurt feelings" by the lack of deference I showed him in my request for reconsideration and I quote:

“I must advise that the contents of your letter are somewhat concerning given the language and comments.

Further correspondence of this nature will not be responded to.

Yours truly,

Gerry McNeilly

Independent Police Review Director”

 I had reached a dead end. There is no appeal of a Director’s decision.

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A full year and a half passed and in the course of discussing with a counselor from the IPC regarding another unrelated FOI matter, I happened to mention my file problem and was delighted to find that Medical Files were special with their own Privacy Law and after following the instructions I am hereby submitting my Request To Access Personal Health Information. 

I made contact with Dr. Kamermans by phone in New Mexico where he now practices and he informed me he would be delighted to confirm that he no longer had my file and it was in the custody of the OPP. Accordingly I filled in a Request, sent it to him and he signed and returned it to me.(attached). With that return he included a personal note indicating that he was prepared to, and wished he could do the same for the other 4000 of his patients who were not able to get their files returned.( copy also attached)

I considered that possibility: All those files should be released. It should not be necessary for Dr. Kamermans to locate every victim after three years delay, to  advise them of the process for recovery, and have each of them submit a request for recovery of their Personal Health Information. Since all the details of the seizure are the same for each of the other patient files I would like my request to be considered a collective request for my peers. If you decide mine warrants investigation then you are by default searching for the others because they are all together in storage. That avoids tremendous duplication and waste of time.  

Please advise re the acceptability of my request and any additional steps that are required of me. Please also advise whether each of the 4000 victims has to apply individually. If they do I will contact Dr. Kamermans, advise him and try to figure how to contact all of them.

Thank you for your consideration:
Could you please reply by E-mail to thesmeegoanguy@gmail.com
Best regards


______________
Blaine Barrett
#255 10202-149St. Surrey BC  V3R 3Z8
Phn: 604-585-0236  E-mail: thesmeegoanguy@gmail.com

Attached:

1. My Request to Access Personal Health Information, and
2. A copy of Dr. Kamermans’ note agreeing to sign all such requests if necessary.

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Request to Access Personal Health Information

                 

Under the Personal Health Information Act, 2004

Name of the Health Information Custodian to whom the Request is being made

Dr. Rob Kamermans

2230 Hwy 620

Coe Hill, On K0L 1P0

Your Information:

Mr. __X__    Mrs.  ____   Ms.  ____  Miss ____

Surname     Barrett                           Given name   Blaine  

Address   10202-149St.    .

Unit  255

City   Surrey       Province  BC     Postal Code  V3R 3Z8

Substitute Decision-Maker Information

Surname                                          Given Name                 .

Address                                            .

Unit        ,        

City                      Province              Postal Code           .

Please provide a detailed description of the personal health information you are requesting that will assist in locating the information ( i.e. dates,  name of health care provider, etc. 

Dear Dr. Kamermans: Could you please respond to this Request to return my file. I am fully awarte that my file is not in your possession and has been seized by the OPP but you are the Custodian of Record. I must ask you first before I can file a formal complaint to the Information and Privacy Commissioner to investigate and recover my file.

Thank you

Preferred method of access for records         X    Examine original

___  Receive a copy

Signature  Signed by Dr. Kamermans in script

Date  March 26, 2015

The Office of the Information and Privacy Commissioner advises

As discussed under the Personal Health Information Protection Act,

An individual has the right to request access to their personal health information.

Requests for access for personal information must be made in writing to the health information Custodian which you believe has the information. I have enclosed a copy of a form that you can use when submitting your request.

A health information Custodian has 30 days with a possible extension of 30 days for limited reasons, to respond to your request. If a custodian does not respond or you wish to complain about a response received you can then file a complaint to our office to the attention of the Registrar.

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As a final page I included the handwritten note of approval from Dr. Kamermans which reads as follows:

Dear Blaine

Hope this works- all of my 4000 patients could send one in.

Good to talk to you.

Rob

 Now I wait and hope it works!

Blaine Barrett

TheSmeeGoanGuy