R. v. Wong, (1979) 24 A.R. 430 (ProvCt)

Judge:Stevenson, J.
Court:Provincial Court (Alberta)
Case Date:August 30, 1979
Jurisdiction:Alberta
Citations:(1979), 24 A.R. 430 (ProvCt)
 
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R. v. Wong (1979), 24 A.R. 430 (ProvCt)

MLB headnote and full text

R. v. Wong

Indexed As: R. v. Wong

Alberta Provincial Court

Judicial District of Calgary

Stevenson, J.

August 30, 1979.

Summary:

This headnote contains no summary.

Medicine - Topic 6

General - Interpretation of legislation - The accused was charged with unlawfully practising medicine or osteopathy, not being registered as a practitioner or professional medical assistant contrary to s. 64(1)(a) of the Medical Profession Act, R.S.A. 1975, c. 26 - The Alberta Provincial Court acquitted the accused - The court held that a strict interpretation must be placed on the wording of s. 64 of the Act in defining the "practice of medicine" - See paragraphs 16 to 18.

Medicine - Topic 1703

Unauthorized practice - General - Meaning of "practice of medicine" - The accused was charged with unlawfully practising medicine or osteopathy, not being registered as practitioner or professional medical assistant contrary to s. 64(1)(a) of the Medical Profession Act, R.S.A. 1975, c. 26 - Evidence adduced by the Crown was to the effect that the accused was carrying on the practice of acupuncture - The evidence disclosed that acupuncture was not recognized as a branch of "medicine" by the Alberta College of Physicians and Surgeons and it was not taught as an approved course at any university in North America - The Alberta Provincial Court acquitted the accused and held that the accused's conduct was not in contravention of the particular wording of s. 64, nor in contravention of the spirit and intent of the Medical Profession Act - See paragraph 30.

Cases Noticed:

Re Ontario Medical Act (1906), 13 O.L.R. 501, consd. [para. 10]; appld. [paras. 17, 20].

R. v. Oshanek (1935), 64 C.C.C. 219, consd. [paras. 14, 21].

R. v. Cruikshanks, 23 C.C.C. 23, consd. [para. 15].

Laporte v. College of Pharmacists, 10 N.R. 602; [1976] 1 S.C.R. 101, consd. [para. 16]; appld. [para. 17].

Pauze v. Gauvin, [1954] S.C.R. 15, appld. [para. 17].

McDiarmid v. Elliott, [1934] 1 W.W.R. 504, consd. [para. 22].

R. v. O'Malley, [1924] 2 W.W.R. 652, consd. [para. 29].

The Gauntlet; Dyke v. Elliott, L.R. 4 P.C. 184, consd. [para. 29].

Statutes Noticed:

Medical Profession Act, S.A. 1975, c. 26, sect. 64 [para. 6]; sect. 65 [para. 8].

Counsel:

S.M. Manolescu, for the Crown;

J.T. Smith, for the accused.

This case was heard before STEVENSON, J., of the Alberta Provincial Court, Judicial District of Calgary.

The oral judgment of STEVENSON, J., was delivered at Calgary, Alberta, on August 30, 1979.

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