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 devises 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.

Derek Sloan wrote a great update on the Dr. Hoffe case

I recently spoke with Dr. Charles Hoffe to get an update on his disciplinary hearing with the College of Physicians and Surgeons of BC. If you saw my last e-mail, you'll know that Dr. Hoffe was surprised by a last minute submission from the lawyers on the other side, which according to Dr. Hoffe, asked the court to take several of the "facts" in dispute in his case on judicial notice. Judicial notice is a legal doctrine wherein basic facts that are so notorious, well-known, or authoritatively attested that they cannot reasonably be doubted, can be recognized as true by the court without being formally introduced by expert testimony or other evidence. 

The bar for judicial notice is high, and would not typically be used for the fundamental issues being debated in a trial. The issues being debated are why you're having a trial. If the judge takes as true one side's factual assertions from the start, the case is then biased from the start. Judicial notice is used sparingly, and is not a substitute for the presentation of evidence of those things which are central to the dispute - such as for example "the vaccine is safe and effective". Nonetheless, that is what the other side is asking for. 

Dr. Hoffe says that 9 working days prior to what was supposed to be his disciplinary hearing, the lawyers from the other side submitted a massive document asking the court to take judicial notice of various things such as the vaccine is safe and effective, and other key points that Dr. Hoffe disputes. Dr. Hoffe believes when they saw the massive amount of evidence stacked against them and the public health narrative they panicked. Dr. Hoffe believes they had to resort to some extreme tactics because they realized they were seriously outgunned. Dr. Hoffe says they have a whole team of lawyers to make an example of him to make sure all the other doctors tow the line and stay quiet and obey. 

Due to the need to respond to this massive document dump quickly, Dr. Hoffe's lawyer had to recruit 4 extra lawyers to work with him on this case, significantly increasing Dr. Hoffe's legal fees. 

Requesting that many of the College's assertions be taken at face value without needing to prove them would not be a proper position for the disciplinary tribunal to adopt, because judicial notice is not designed to accept as true all the facts which are being disputed by the parties. How could Dr. Hoffe possibly defend himself, if all of the College's assertions were accepted without debate? If all the things Dr. Hoffe is being accused of spreading as misinformation are all self-evidently and indisputably false, why even have a trial? The fact there is a trial over this proves they are not indisputable. 

  Dr. Hoffe believes this is a stalling tactic designed to thwart the many great expert witnesses that he has lined up to testify in his defence, including Dr. Pierre Kory, Dr. Peter McCulllough, and 6 other top experts. 

The hearing to debate this submission is scheduled for May 31st, 2024 

  Dr. Hoffe believes the tactics used by the opposing lawyers are unfair. Dr. Hoffe is the tip of the spear when it comes to the prosecution of dissident doctors in BC. This will be a test case that will determine what the College does with other doctors in its pipeline. 

It is imperative that Dr. Hoffe be able to mount a significant defence, and if necessary appeal this case to get the most favourable result possible. 

  As Dr. Hoffe has told me, the process itself is the discipline, and he believes they are making this process long and costly on purpose. The judicial notice hearing significantly increases costs for Dr. Hoffe, who is funding this hearing through his own funds. 

I'm confident these latest tactics by the College will fail, and that Dr. Hoffe will vindicate himself.  

I'm so thankful for Dr. Hoffe's courage, and I want to thank you for your generosity in supporting him.  

As Dr. Hoffe says in our interview: "All the patriotic truth and freedom loving Canadians need to stand shoulder to shoulder and not let these tyrants win." 

  Thank you for standing shoulder to shoulder with Dr. Hoffe, and stay tuned for my recent interview with Dr. Hoffe which will be ready for release this Wednesday. 

  God bless, 

Derek Sloan 

Thank you to all of you who have given so generously to support Dr. Hoffe's battle with the College of Physicians and Surgeons of BC.

More that 325 individuals have given, and the numbers are growing rapidly as we approach the beginning of the 'disciplinary hearings' scheduled for March 4 - 15th.

Dr. Hoffe is one of the few medical professionals in Canada who had the integrity and courage to follow his Hippocratic Oath and respect his patient's right to informed consent.

This hearing will be historic in that it will reveal with clarity whether we have an ethical medical system in British Columbia, or one that has forsaken their foundational ethics and moral code.

Lawyer Lee Turner has compiled an impressive team of world class experts to defend Dr. Hoffe. The testimony, should the College permit a fair and just hearing, will be instructive, and no doubt transformative.

Here are some concrete actions we can take to help support Dr. Hoffe's defense against the CPSBC:

https://helpdrhoffe.blogspot.com/2024/01/ways-to-help-dr-hoffe.html

We would like to have hundreds of supporters of Dr Hoffe attend the disciplinary hearing with the College of Physicians and Surgeons of BC.

The process to secure a zoom link to attend the hearings scheduled for March 4 - 15 is somewhat onerous, no doubt to discourage the public from attending.

To apply for a video link:

You must print, sign, and email this form which outlines the Observer Policy: https://www.cpsbc.ca/files/pdf/Observer-Policy.pdf  

Email it back to the CPSBC at: disciplinehearings@cpsbc.ca 

Website for more info: https://www.cpsbc.ca/news/hearing-notifications 

No phone registrations are accepted.

Please take 5 minutes and complete the process before Feb 23rd.

ted

Dr. Hoffe's lawyer, Lee Turner, has secured affidavits from 8 world class experts in defence of Dr. Charles Hoffe for his disciplinary hearing on March 4 - 15..

The disciplinary hearing should be an interesting exchange between these world class experts and the experts being put forward by the CPSBC to justify their claims that Dr. Hoffe is spreading misinformation.

Your financial contributions are important, not only to defend the reputation and livelihood of Dr. Hoffe, but also to expose the science upon which the CPSBC are depending to justify their actions against medical professionals as Dr. Hoffe.

Ted

March 4 – 15, 2024 are the dates scheduled for Dr. Hoffe's virtual hearing before the College of Physicians and Surgeons of BC disciplinary panel.

It is critical that we have as many people witnessing the actions of the CPSBC Disciplinary Panel as possible.

To receive a link to witness this online, please call the College and register before February 23 at 604-733-7758.

ted