R. v. Kish (R.) et al., (1993) 143 A.R. 65 (ProvCt)

• Judge: James, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: July 14, 1993
• Citations: (1993), 143 A.R. 65 (ProvCt)

R. v. Kish (R.) (1993), 143 A.R. 65 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Robert Kish and Margo Kish

(Docket No. 11734100P10101;0201)

Indexed As: R. v. Kish (R.) et al.

Alberta Provincial Court

Criminal Division

James, P.C.J.

July 14, 1993.

Summary:

Two accused were charged with practicing medicine while not being properly licensed, contrary to s. 76(1)(a) of the Medical Pro­fession Act.

The Alberta Provincial Court convicted the accused.

Medicine - Topic 1793

Unauthorized practice - Offences - Un­lawfully prescribing treatment - Pollock, who was diagnosed with terminal cancer, visited the two accused, who were devout Christians and believed in God's ability to heal - The accused prescribed a program of vitamins and minerals and a hydrogen peroxide program which they stated would kill cancer cells - Pollock's condition deteriorated - The Alberta Provincial Court convicted both of the accused under s. 76(1)(a) of the Medi­cal Profession Act for practising medicine without being properly licensed - The court held s. 94 of the Act, which pro­tected the practice of religious tenets, did not apply because, while the accused's treatment may have been motivated by religious beliefs, it was not done without pretending a knowledge of medicine.

Cases Noticed:

R. v. Ringrose (1989), 94 A.R. 350 (Q.B.), refd to. [para. 16].

College of Pharmacists (Que.) v. Laporte (1974), 10 N.R. 602; 58 D.L.R.(3d) 555 (S.C.C.), refd to. [para. 17].

R. v. Wong, [1979] 6 W.W.R. 163; 24 A.R. 430 (Prov. Ct.), refd to. [para. 17].

R. v. Sandhar (1988), 86 A.R. 241 (C.A.), refd to. [para. 18].

Statutes Noticed:

Medical Profession Act, R.S.A. 1980, c. M-12, sect. 76(1)(a), sect. 77(1)(c)(i) [para. 1]; sect. 94 [para. 19].

Counsel:

E.C. Archer, for the Crown;

G.J. Ludwig, for the accused.

This case was heard at Calgary, Alberta, before James, P.C.J., of the Alberta Provin­cial Court, Criminal Division, who delivered the following judgment on July 14, 1993.