R. v. Ringrose, (1989) 94 A.R. 350 (QB)

• Judge: Cooke, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 15, 1989
• Citations: (1989), 94 A.R. 350 (QB)

R. v. Ringrose (1989), 94 A.R. 350 (QB)

MLB headnote and full text

Her Majesty The Queen (appellant) v. Douglas Ringrose (respondent)

(Action No. 8803-0233-S2)

Indexed As: R. v. Ringrose

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cooke, J.

February 15, 1989.

Summary:

A medical doctor not licensed to practice medicine since 1978 was charged with five counts of practicing medicine contrary to s. 76(1)(a) of the Medical Profession Act. The trial judge acquitted the doctor. The Crown appealed.

The Alberta Court of Queen's Bench allowed the appeal. The court substituted convictions for two of the five counts and remitted the matter to the trial judge for sentencing.

Medicine - Topic 1703

Unauthorized practice - Practice of medicine defined - An unlicensed medical doctor performed "menstrual restoration" to effect abortions - The process terminated pregnancy by removing the products of conception by suction - The doctor was charged with the unauthorized practice of medicine contrary to s. 76(1)(a) of the Medical Profession Act - Section 77 (1) stated that "a person shall be held to practice within the meaning of section 76 who ..." and s. 77(1) continued with an enumeration of what constituted the practice of medicine - The Alberta Court of Queen's Bench rejected the submission that for the purpose of considering what was prohibited by s. 76(1)(a) the s. 77(1) list was exhaustive - The court stated that "menstrual restoration" constituted a "treatment" within the meaning of s. 77(1)(b), therefore the doctor was guilty of unauthorized practice of medicine under s. 76(1)(a).

Cases Noticed:

R. v. Morgentaler, [1988] 1 S.C.R. 30; 82 N.R. 1; 26 O.A.C. 1, refd to. [para. 3].

College of Pharmacists of the Province of Quebec v. Laporte (1974), 10 N.R. 602; 23 C.C.C.(2d) 45 (S.C.C.), refd to. [para. 6].

R. v. Wong (1979), 24 A.R. 430; 50 C.C.C.(2d) 162, refd to. [para. 6].

R. v. Verrette, [1978] 2 S.C.R. 838; 21 N.R. 571, refd to. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 686(4)(a), sect. 686(4)(b), sect. 822(1).

Medical Profession Act, R.S.A. 1980, c. M-12, sect. 76(1)(a), sect. 77(1) [para. 5].

Authors and Works Noticed:

Stedman's Medical Dictionary (23rd Ed.) [para. 20].

Webster's Third New International Dictionary [para. 19].

Counsel:

R.H. Davie, Q.C. (Dept. Attorney General, Criminal Justice), for the appellant;

I.A. Baker (Baker & Purdon), for the respondent.

This appeal was heard before Cooke, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on February 15, 1989: