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Canadian Medical Association Board breached principles of natural justice and fairness

Vancouver Law CourtsDr Z. Essak, MD - Vancouver, BC - May 20, 2022

In a BC Supreme Court Judgment released on April 22, 2022 Justice Nathan Smith found that the Canadian Medical Association (CMA) Board breached principles of natural justice and procedural fairness when it suspended the membership of Dr Charles Webb denying him the opportunity to run as a candidate in the election for the BC nominee for CMA President-Elect in February 2022.

Canadian Medical Association dissolves General Council, the parliament of Canadian medicine.

2018 CMA WinnipegDr Z. Essak, MD - Vancouver BC - September 10, 2018

What a year it's been for the Canadian Medical Association.

First, just one year ago in August 2017, the Canadian Medical Association (CMA) dropped the word 'physician' from its vision and mission statements, much to the surprise of many doctors across the country leaving them feeling abandoned.

Then, at the beginning of June 2018, the CMA sold the trust of doctors in MD Financial to the Bank of Nova Scotia for nearly C$2.6 billion. Now in August 2018, after 151 years, the CMA has dissolved the General Council, the parliament of Canadian medicine, as stated in the constitution itself.

Are these changes forward looking and preparing for the future or eroding the work, achievements and structures of the medical profession? Is direct physician input being replaced by filtered input that serves programs and bureaucracy?

Will the new BC Societies Act transition be a train wreck?

Dr Z. Essak, MD - Vancouver, BC - February 13, 2017.

Train wreckNo one can deny the importance of BC societies to communities large and small throughout the province, assisting all kinds of people as charitable and not for profit societies, including associations that represent occupations and professions.

What can we learn from the early example of transition by the Doctors of BC, the BC Medical Association, formerly a Reporting Society, declaring themselves to be a member-funded society and escaping public disclosure. Do they even meet the required criteria?

When we ask, it may come as a shock to learn the BC Registry is not confirming compliance requirements are met. Is the BC Government failing to provide proper leadership and oversight to the tasks of government?

Is the public trust being neglected? Will there be havoc on public interest and individual rights? Are we going to see a train wreck?

Audio podcast: Who's in control?

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BC Doctors requesting a Special General Meeting of the BCMA exceeds 90 percent

Pie chart 95 percent Over nine hundred doctors throughout BC, more than 90 percent of the threshold required, have signed the petition requesting a Special General Meeting of the BCMA to review the BCMA Board conduct and decision to appeal the BC Supreme Court Judgment in Wang v. BC Medical Association (2008 BCSC 1559) and to establish an alternative process to ensure a rapid, equitable remedy ensuring the fair and ethical treatment of all members without incurring further unnecessary legal costs.

BC Supreme Court Judgment slams BCMA Board

In a decision released November 17, 2008 the BC Supreme Court upheld a complaint by Dr. Caroline Wang, the former elected Honorary Secretary-Treasurer of the BCMA, and disbanded a "special committee" appointed by the BCMA Board in February to review Dr. Wang's conduct.

The Court noted that, “at no time has Dr. Wang or her legal counsel been notified of a complaint or an allegation that she violated any provision of the BCMA constitution, bylaws, Code of Conduct, or any common law duty of directors or officers.”

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