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Ontario pediatrician Dr. Kulvinder Kaur GillThe Democracy Fund

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TORONTO (LifeSiteNews) — A Canadian physician who challenged her medical regulator after it placed “cautions” against her for speaking out against draconian COVID mandates on social media has lost a court battle, but with the help of her Elon Musk-backed legal team she has vowed to appeal the ruling. 

The case concerns Dr. Kulvinder Kaur Gill, an Ontario pediatrician who has been embroiled in a legal battle with the College of Physicians and Surgeons of Ontario (CPSO) for her anti-COVID views posted on X (formerly Twitter) in 2020. As reported by LifeSiteNews, her case received the support of billionaire Tesla and X owner Elon Musk, who pledged in March to back her financially.  

One of Gill’s “controversial” posts read, “If you have not yet figured out that we don’t need a vaccine, you are not paying attention. #FactsNotFear.”  

The Divisional Court decision against Gill dated May 7, 2024, concluded, “When the College chose to draw the line at those tweets which it found contained misinformation, it did so in a way which reasonably balanced Dr. Gill’s free speech rights with her professional responsibilities.” 

“In other words, its response was proportionate,” noted the ruling. 

Gill’s lawyer, Lisa Bildy with Libertas Law, stated in a press release sent to LifeSiteNews that the “Court declined to quash the ‘cautions’ orders, finding that the ‘screening committee’ of the CPSO was sufficiently alert to the Charter infringement of Dr. Gill’s speech, such that its decisions were within the range of reasonable outcomes.” 

“Dr. Gill had argued, in two factums,” noted Bildy, which can be found here and here , and filed in the companion court applications, that “her statements were not ‘verifiably false.’” 

Bildy expressed that Gill had provided the College with “ample evidence in 2020 to support her position against lockdowns,” but was sanctioned “because they went against the College’s guidance that doctors should not express opinions contradicting government or its public health edicts.” 

Gill’s court challenge against the CPSO began last month, with Bildy writing at the time that the College’s “decisions were neither reasonable nor justified and they failed to engage with the central issues for which Dr. Gill was being cautioned.” 

She argued that Gill had a “reasonable scientific basis” for her posts, noting that the previous decision made against Gill targeted her for opposing the mainstream COVID narrative.    

“The decision starts with the premise that doctors have to comply,” said Bildy, warning that censoring doctors would have a “chilling effect” on free speech.    

Bildy noted that in its ruling, the court “disagreed” with Gill’s challenge, “stating that this invited a reweighing of the evidence.” 

The court also ordered that Gill pay the CPSO $6,000 in legal costs.  

Gill is a specialist practicing in the Greater Toronto area, and has extensive experience and training in “pediatrics, and allergy and clinical immunology, including scientific research in microbiology, virology and vaccinology.” 

Last September, disciplinary proceedings against her were withdrawn by the CPSO. However, last year, Gill was ordered to pay $1 million in legal costs after her libel suit was struck down. 

The CPSO began disciplinary investigations against Gill in August 2020.  

Gill to appeal recent court ruling with support from Musk’s X  

The court’s ruling asserted that the CPSO panel members consisted of “three physicians with highly relevant expertise that they were able to bring to bear when assessing the scientific and medical information before them, expertise that this court does not have.” 

Bildy noted that in fact, the CPSO panel consisted of “three surgeons and a general member of the public who had deferred to the ‘expertise’ of government’s public health arm.” 

The court ruling also dismissed Gill’s arguments that publishing the “cautions on her public register and disseminating a notice about the cautions to hospitals and regulators across the continent was punitive and had a chilling effect on one side of a debate.” 

“The Court opted to align with other Divisional Court decisions in stating that the cautions were not a finding of professional misconduct but were merely a remedial measure. This is despite the fact that cautions have, only in recent years, become a public rebuke rather than a private ‘correction’ of a professional by their peers. This significant change has not yet been grappled with by the Ontario Court of Appeal,” noted Bildy.  

Bildy said that Gill intends to “seek leave to appeal to the Ontario Court of Appeal with the support of X Corp., since her posts were made on the X platform which supports free expression and dialogue, even on contentious issues and particularly on matters of scientific and medical importance.”  

Gill noted on X Tuesday that her “notice of motion for leave to appeal will be filed” next week “to begin process.” 

She also thanked Musk and X for supporting her legal cause.  

Gill had said that she had “suddenly” found herself going “against the narrative,” and was then “seen as a black sheep and as someone who should be shunned.” 

Many Canadian doctors who spoke out against COVID mandates and the experimental mRNA injections have been censured by their medical boards. 

Earlier this month, Elon Musk’s X announced that it will fund the legal battle for another Canadian doctor critical of COVID lockdowns, Dr. Matthew Strauss, an Ontario critical care physician and professor, against his former employer Queen’s University after it forced him to resign. 

In an interview with LifeSiteNews at its annual general meeting in July 2023 near Toronto, canceled doctors Mary O’Connor, Mark Trozzi, Chris Shoemaker, and Byram Bridle were asked to state their messages to the medical community regarding how they have had to fight censure because they have opinions contrary to the COVID mainstream narrative. 

U.S. citizens: Demand Congress investigate soaring excess death rates