On June 29, 2024 for the College of Physicians and Surgeons disciplinary panel provided its decision and reasons in relation to the College's application seeking an order whereby the disciplinary panel would take judicial notice of facts that the College alleged were so notoriously well known that they were indisputable.

If the College were successful, this would have meant that Dr. Hoffe would be essentially prevented from providing full answer and defence to the charges against him, and he would have been unable to present any evidence that contradicted the facts asserted by the College.

Thankfully the disciplinary panel declined to take judicial notice of all of the key facts sought by the College.

The College sought Judicial Notice of the following facts:

• 1. The Covid Virus kills or causes other serious effects;

• 2. The virus does not discriminate;

• 3. Vaccines work;

• 4. Vaccines are generally safe and have a low risk of harmful effects, especially in children;

• 5. Infection and transmission of the Covid 19 virus is less likely to occur among fully vaccinated individuals and for those who are unvaccinated; vaccines do not prevent infection, reinfection or transmission, but they reduce the severity of symptoms and the risk of bad outcomes;

• 6. Health Canada has approved Covid vaccines, and regulatory approval is a strong indicator of safety and effectiveness;

• 7. Health Canada has not approved Ivermectin to treat Covid 19; and

• 8. Health Canada advises that Canadians should not consume the veterinary version of Ivermectin.

Instead the disciplinary panel held that they were prepared to only take judicial notice of the following:

• 1. Covid 19 can or cause other serious effects.
  In making this finding the College noted that it is notorious that there is a potential for the virus to cause death or other serious effects but noted Dr. Hoffe submissions included portions of his expert reports that asserted:

  • a. the risk of severe disease and death from Covid 19 is extremely skewed to those above 70 years of age, especially those with multiple comorbidities. The average age of persons that died from Covid 19 in Canada was approximately 84 years old;

  • b. a very low proportion of Covid 19 Related Deaths in Canada occurred in those under 50 years of age-the data shows very high (sees although not 100%) survival rates for those under 70;

  • c. the average rate of lethality from Covid 19 for Canadians is much lower than estimates given by public health officials; and

  • d. reported hospitalizations and deaths from Covid 19 have been over counted, because many hospitalizations and deaths "with, and not from" Covid 19 were wrongly attributed to Covid 19.

• 2. The panel declined to take judicial notice of this fact.

• 3. The panel declined to take judicial notice of this fact.

• 4. The panel declined to take judicial notice of this fact.

• 5. The panel declined to take judicial notice of this fact.

• 6. The panel took judicial notice of the fact that health Canada approved Covid vaccines but declined to take judicial notice that this approval meant that it was a strong indicator of safety and effectiveness.

• 7. The panel took judicial notice of this fact.

• 8. The panel took judicial notice of this fact.

The result of the disciplinary panel's finding is that the College will now be required to prove the essential facts necessary to support the citation. Dr. Hoffe will be allowed to present evidence to the contrary in his defense.

This is one of the first cases in Canada in the disciplinary hearing context where the panel declined to take judicial notice of these facts and provided thorough reasons to explain their decision.

While this is a victory for individuals who are facing persecution from Government organizations and various professional colleges across Canada for expressing a contrary opinion to that held by these organizations and public health bodies, this case is far from over.

The College has indicated now that in light of their defeat, they intend to call 8 additional expert witnesses and to other non-expert witnesses, despite the fact that the disciplinary hearing is already underway.

Counsel for Dr. Hoffe has indicated an intention to oppose the admission of any new evidence at this stage of the hearing. College had been indicating since it began its investigation in the spring of 2021 and concluded that investigation in the summer of 2022, that it was going to be relying upon one expert to prove the allegations contained in the citation.

Now that Dr. Hoffe has presented his evidence, and evidence from eight expert witnesses from Canada, the US and the UK, and after the hearing commenced, the College has just recently identified the expert and non-expert witnesses they intend to add to their list in order to prove the charges under the citation.

Many thanks to those who have contributed to Dr. Charles Hoffe's legal defense. While we ought to celebrate this when, it is but one when in a long series of battles that are yet to come.

It is critical that we win the final battle which is the defeat of these egregious attacks on ethical doctors such as Dr. Hoffe, and others who are being persecuted by the College of Physicians and Surgeons for honouring their ethical code by providing individualized healthcare and respecting their patient's right to informed consent.