November 25, 2021

-Western Standard


The office of a Calgary doctor was raided Thursday morning by College of Physicians and Surgeons of Alberta (CPSA) officials searching for files of people for whom he granted COVID-19 exemptions.

And one of the files they accessed was of lawyer Jeffrey Rath — who has filed a lawsuit against the college over vaccine mandates.

And the family of a two-year-old whose file was seized says they are considering a lawsuit for the breach of privacy.

“They walked in this morning just after 8 a.m. and asked to do an inspection and review of my patient records for the last 180 days,” said Dr. Dan Botha, in an exclusive interview with the Western Standard.

Botha said there were two CPSA staff members — an administrator and a doctor — who handed him a one-page letter requesting he provide access to his patient files for the inspectors “under section 53.1 of the Health Professions Act (HPA).”

The letter indicated the inspection was to “ensure the issuance of medical exemptions for vaccination against COVID-19 are in adherence to the provincial vaccination exemption program, medical exemptions for face mask are in adherence to provincial public health orders and the prescribing of Ivermectin is in adherence with CPSA Standards of Practice.”

“You are expected to cooperate with the inspectors and provide them access to your office records,” said the letter.

“They wanted to know if I had written any exemption letters for the vaccine or masks or had been prescribing Ivermectin to my patients,” said Botha.

“I told them I had written two — one for a cancer patient of mine and another for a child who has Rett syndrome.”

Botha said his cancer patient was undergoing treatment and he had provided the patient with a three-month vaccine exemption until treatments were finished and the patient’s health could be reassessed.

He also said he provided a permanent mask exemption to a child he is treating with Rett Syndrome, an autism spectrum disorder that affects the way the brain develops, causing a progressive loss of motor skills and speech.

“I did prescribe Ivermectin with success for COVID-19 treatment with maybe 20 or so patients,” Botha confirmed, but added he stopped prescribing it when it was banned for use in treating COVID-19.

Botha said he gave the inspectors access to the information for the two patients he had written medical exemptions for and they asked him to leave his office.

“I continued to see patients while they were in my private office for about an hour,” said Botha, adding the pair left while he was with a patient.

Botha, clearly shaken by the events that unfolded, said he and his staff “work hard to look after the public” and claims his practice follows “very high standards.”

“We never speak against the vaccine here and always refer patients to the government website and encourage them to contact the government as well if they have any questions or concerns,” said Botha.

“I’ve been a physician for over 38 years and I’m not against any government policy, but this is starting to feel like harassment.”

Botha said he checked his computer and could see the inspectors had accessed 28 patient files, including the medical files for his patient, lawyer Rath.

“Out of the 10,000 files on my system, they specifically accessed Mr. Rath’s file along with others,” said Botha.

Rath, of Rath & Company, was outraged by the raid.

“CPSA just raided my doctor’s office and illegally accessed my own personal medical file without my consent,” said Rath.

“My GP called me to inform me that the CPSA had stormed his office this morning under section 53 of the Health Act to ‘randomly review some of his patient files’ and it just so happened that my file was one they randomly chose,” said an angry Rath.

“This is pure Gestapoism!”

Rath has actively challenged the CPSA on a number of occasions while representing medical professionals and clients who are pushing back against the mandatory vaccination policy.

Rath spoke with the mother of the child Botha had provided a mask exemption for shortly after the raid at the doctor’s office and said she has given her full consent for Rath to speak on her behalf.

“This child cannot sit unassisted and is in a constant state of respiratory distress,” quoted Rath on behalf of the mother.

“This mother has advised our office (Rath & Company) that she is contemplating legal action against the CPSA for the gross violation of her family’s right to medical privacy and the degree to which her family has been traumatized by this completely unethical and immoral conduct by the CPSA.”

Rath said he is “furious” with the CPSA.

“I am completely appalled by the CPSA investigators, including Jason MacDonald and Dr. Jeff Robinson, that they would think it’s appropriate to access the private medical file of an officer of the court who is engaged in litigation on behalf of my clients with the CPSA,” said Rath.

Botha, runs Rhythm Health, a family medical practice in southwest Calgary.

His website reads: “Dr. Dan Botha has been practicing medicine in Calgary for the past 25 years. In 1983 he graduated with a Bachelor of Medicine and a Bachelor of Surgery from the University of the Orange Free State in Bloemfontein, South Africa.”

The Western Standard contacted the CPSA for comment and was provided with this statement from a CPSA spokeswoman:

“Under Part 3.1 of the Health Professions Act (HPA), CPSA has the authority to conduct unannounced on-site clinic inspections to confirm that physicians adhere to our Standards of Practice. These are being facilitated when a certain threshold is breached.