More legal ridiculousness in Ontario

It never ceases to amaze me how the government of Ontario passes legislation but it isn’t enforced.

What is the point of making law if those who are supposed to administer it don’t understand law in the first place?

A couple of days ago I got a call from a mediator from the Ontario Privacy Commission telling me that they weren’t going to investigate St. Joseph’s Hospital in Hamilton for deceitfully and fraudulently collecting and disclosing personal health information.

I was told that there was no transition clause in the new legislation that health care providers had to comply with consent requirements prior to the November 1, 2004 when the legislation came into force.

Repeatedly I have expressed that the O.P.C ‘officials’ has not read a very thorough complaint, which included documentation of section 18 (7) of the Act. I also informed the ‘mediator’ that Ministry counsel had informed me that a clause exists to protect individuals from the May 2004 Royal Ascension date and the November 2004 enforcement date. It states:

Transition
(7) A consent that an individual gives, before the day that subsection (1) comes into force, to a collection, use or disclosure of information that is personal health information is a valid consent if it meets the requirements of this Act for consent. 2004, c. 3, Sched. A, s. 18 (7).

The O.P.C mediator tells me that the Ministry is always making up clauses in the Act and letting complainants know.

I was also told that my file was 4" thick. Strange. My evidence that I sent was about 1" thick. I wonder where they got the other 3" inches?

The O.P.C mediator also told me that I should be so lucky that no other health information custodian was willing to sit down with a complainant to go over all the illegal concerns.
Wow! I should be so lucky! I should be so lucky that the O.P.C enforces this legislation too I guess?

It took the O.P.C over a year to even acknowledge a complaint I filed under the new Personal Health Information Protection Act in March 2005. I had the threaten the Registrar with a human rights complaint for not protecting my legal rights under s. 15 of the Charter and s. 1 of the Human Rights legislation in order for the guy to send a letter as they are legislated to under Part IV sections 56 and 57of the Act.

About six months after I filed the complaint, even though there was no acknowledgement letter, another O.P.C ‘official’ told me that they didn’t have to follow a Supreme Court of Canada decision that clarified medical records included notes made by health care staff. Those notes are what is contentious – and obstructed and ‘hidden’ by the hospital that would prove that they violated consent and disclosure laws.

I already have the evidence that proves they contacted non-health care providers but the O.P.C has chosen to ignore it – continually telling me, yes they have read my complaint.
The Ontario government has given authority to individuals who are clearly ignorant of law and are making up the Act undermining the rights of the individuals who are least able to protect themselves.

To make matters worse, I spoke to a great lawyer yesterday and learned that, in his opinion, no one is complying with the Act – at least in Hamilton.

Great.

Welcome to Ontario. Or better yet, stay the hell away from Ontario.