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
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.
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:
- My Request to Access Personal Health Information, and
- 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
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