Are ADA&C Lawyers following their own Ethical Rules or willing to ignore them to win at all costs?
Alberta dentists are tired of the bullying and exaggerated responses to minor infractions and common misunderstandings. Space does not permit how pathetic things have become, but to say our province's disciplinary system has become the laughing stock of the health professions in Canada would be an understatement.
How many courts would allow the the abuse of power, prejudice, cronyism and extreme risk of bias to overwhelm their system and claim to be fair? Would you be shocked to hear they routinely revise expert reports to paint the dentist in a less favorable light? Award jurors for years of service regardless of their own practice violations?
The tribunal lawyers are required to follow their own legal ethics. One recent finding is concerning and relates to the right a person has to threaten a professional with complaint to a regulatory body (seen above in a text on Legal Ethics by Arthur Cockfield, 32-5.1). Case in point an Alberta dentist was reported by a dental society for a newspaper commentary published related to anti-competitive activities of some of its members. The dentist replied to the society representative requesting a retraction of the complaint to avoid a retaliatory complaint related to numerous members engaged in advertising strategies essentially identical to the ones made against the general dentist. According to the text on legal ethics, this type of threat is allowed, but contrary to these guidelines the ADA&C lawyers twisted the statement into a charge of professional misconduct against the general dentist.
The ADA&C lawyers have a strategy. They attempt to frame every act of public criticism against the dental authority, not as political speech which would be protected by the Charter of Rights & Freedoms, but as 'advertising' so they can suggest to their hand-picked highly paid tribunal members the commentary would be judged by their advertising rules and guidelines which are revised whenever their council members are embarrassed by their own violations. City named offices and perhaps writing off patient balances are areas that come to mind. Requests to the ADA&C to investigate itself are ignored. Other government/regulatory agencies are listening and we expect an outside review in the near future.
If you have been bullied by the ADA&C lawyers contact us directly for assistance. The system will not change until dentists refuse to continue to accept the mistreatment and questionable conduct of the authority lawyers.
Alberta Dentists' Association Lobby Group- "The Average Dentist Watch-Dog"