Reigning in Canada's Regulatory Bullies

Campaign Created by: Craig Rowe

The funds from this campaign will be received by Craig Rowe.

Goal: CAD $12,000
Raised: CAD $ 745

Who I am?

Hello.  I am a Registered Nurse (RN) in Ontario, Canada - who is suffocating under the immense bullying, corruption & deceit of my professional regulator - The College of Nurses of Ontario (CNO).

I go by "The RN Rant" on Twitter/X & Facebook - but my real name is Craig Rowe, RN.

I have been an RN since 2000 - with the vast majority of my experience being in the Emergency Department.

I was raised & educated in Ontario - but worked in Texas as an RN before I ever worked in Canada.

Regulated professionals in Canada are rightfully fearful of our regulators.  Always waiting for the hammer to drop at the slightest misstep.

From now on, I am no longer a slave to fear!

The Legal Battles:

The outcome of my legal battles will not only clear my name - but it will expose the nefarious and (in fact) illegal activities of the CNO (and other regulators) that to date have flown under the legal radar.

I am currently in two legal battles with the CNO in Court - via Judicial Reviews.

I have not been able to work in Nursing for over 3 years - while I try to clear this mess up.

As a result, I am a self-represent party in Court - as I have been unable to afford a lawyer to date.

I will win...but I don't know how much longer I can keep fighting without legal help. I am tired...in every way.

Details for both of the legal battles & their status are posted on The RN Rant Twitter/X & Facebook pages:

https://twitter.com/rant_rn

and

https://www.facebook.com/TheRNRant/

Mental health and the other fallout:

I also address (on social media) how both the CNO's actions & inactions have led to my financial ruin, bankruptcy, losing my house...and the depression that (shamefully) led to my serious attempt to take my own life.  :( 

I should not have survived that at all.  It was truly a miracle that I did.

I am grateful for the (non-nursing) job that I am still in -and the new world of experiences it brings.

However, the prolonged move to a job that paid less than 1/3 of my RN wage has ruined me.

That is on the CNO.

I am ashamed to say that I currently rent a room, and live on one meal a day (breakfast) on my non-work days.

I really do not have any extra funds to keep fighting.

But I can and will win.

I need to win.  I need what is left of my life back.

What these battles will accomplish:

Most importantly, this will expose the intentional corruption of the professional regulators (esp. in Ontario) - and greatly diminish the presumption of deference when the choices, conduct & behavior of regulators is challenged in Court.

It is in the public interest to hold the regulators accountable for the proper regulation of the professions.

Professional regulators in Canada have now become notorious for their bullying & coercion.

There has been a massive mission shift from ensuring competence and honesty within the profession - to something much, much darker.

Jordan Peterson, Dr. Kulvinder Kaur Gill, Patrick Phillips, & Amy Hamm are just a small sample of the many that have been targeted & bullied by their professional regulators.

Most have probably experienced some of the intentionally stealthy & intentionally deceptive legal practices that are beyond the legal authority of their regulators.  (aka illegal)

My case will tackle this intentional abuse of process by the regulators in a way that will help all regulated professionals in Canada.

I have exposed their corrupt & intentional actions outside of their legislative framework (aka illegal).  Most on their own create a nullity.

Professional regulators in Canada are given full "deference" on, not only their decisions & interpretation of their home statute - but for every word that comes out of their mouth.

As deference is the default setting in Court - it is granted whether the regulator deserves it...or NOT.

What the regulator states is considered "truth" - regardless of any & all evidence to the contrary.

My 2 cases go directly at the heart of the assumption that regulators are owed deference.

My 1st Judicial Review - demonstrated that:

a) they illegally used (what they call) "Pre-Appointment" or "Intake" Investigators - aka - these are people who are not legally "Investigators" & have no legal authority to access ANY of mine (and your) personal information.

Personal information includes any information related to your employment.

The CNO, CPSO and other regulators are all doing this.

b) they intentionally misappropriate the word "report" for complaints that come various sources.

This is the direct cause of the inordinate delays that members of the CNO & CPSO experience when they have complaints from Employers, other healthcare workers, etc.

c) the Inquiries, Complaints & Reports Committee (ICRC) quite often does not meet the quorum requirements of the "Code" - especially for most RNs.  This is a nullity.

d) the CNO states that their Investigators do not actually investigate - but only "collect" and "compile" documents.

e) the CNO & all other regulators have convinced the Courts that their ICRC does not actually investigate, nor assess facts or credibility - as they are only a "screening body".  This is contrary to case law that clearly demonstrates otherwise - as well as fairly basic common sense.  But hey....deference!

My 1st Judicial Review is currently bogged down in procedural issues - as I am waiting for a decision regarding my Motion to Set Aside.

My Motion easily exposes both the intentional fraudulent misrepresentation of case law and evidence by the lawyer for the CNO - and the Judge's failure to acknowledge any of it.  ("reasonable apprehension of bias")

The Judge also failed, not only to consider the merits of my case, but to consider or even reference any of my binding case law - including the pivotal Young v. College of Nurses (2022) case - which the CNO has worked very hard to suppress:

Here it is:  https://www.canlii.org/en/on/onscdc/doc/2022/2022onsc6996/2022onsc6996.html ,paras.3, 22-24, 26-32 & 45.

The Judge in that case literally just copied-and-pasted the CNO statements - as well as the intentionally misappropriate case law and evidence.  The only acknowledgement of my position was the (copied) CNO's interpretation - which was directly contradicted by their own evidence.

While not recommended, the Supreme Court has ruled that Judges can copy-and-paste (within reason) - if they can provide evidence that they have considered, analyzed or examined the written and/or oral submissions - and took them into consideration in the process of forming their decision.

See:  https://www.canlii.org/en/ca/scc/doc/2013/2013scc32013scc30.html  [para.3 of headnote]

I will win.

My 2nd Judicial Review shows that:

a) the CNO implements policies behind closed doors to avoid the required scrutiny of the Minister of Health, the members and the public.

This is a violation of the "Code" (aka illegal) - and as such is a nullity.

b) the Judges stated (out loud) that if they could quash my Judicial Review for being "premature" on a provision that (they were aware) was not available to me [s.23(6) of the Code] - that they "would not have to consider the legality of the policy and other issues" to save time.

To her credit, the lawyer for the CNO did not relent when the Judge repeatedly badgered her to attempt to have her say that the JR was "premature".  She also stood her ground in indicating what the correct issue/decision was that was supposed to be decided on by the Court. [s.23(7) of the Code]

Thankfully, there is a recording of the hearings - so what the Judges stated - and the evidence before them - can be used on Appeal.

Here is the link to my 2nd Judicial Review:  

https://www.canlii.org/en/on/onscdc/doc/2023/2023onsc6414/2023onsc6414.html

This is where I need your assistance:

I was able to get a "Fee Waiver" for my Judicial Review(s) - but it is not guaranteed for my Appeal - which has extremely tight timelines.  I may need legal assistance (not cheap).

Regardless, I need to pay an official Court-Approved Transcriptionist to transcribe the oral recording of the hearing.

It will be a slam dunk after that - as it will clearly show that the Judges intentionally did not review the actual decision that was before them.

The cost of transcription is prohibitive - with the cost per page often resulting in several hundred dollars even for a shorter hearing.

So much for access to justice!

Both the government and the Courts have stated that they expect regulators to be open, transparent and fair in regulating the professions - and that their decisions be justifiable.

Deference presumes that they have been fulfilling those expectations all along.

I am showing that they have not.

The CNO has thrown everything at me to date - and they have only made it so far because deference has been blindly given.

Now I get to go after that.

If you want to win a legal, constitutional or other challenge against a regulator - deference is the mountain which you must first climb.

Evil thrives in darkness.

Time to shine some very bright lights on the situation - and watch them scurry.

Now what?!?

1)  Hope and pray - for a good outcome - and that some of you will provide a way for me to do that.

2)  Hope my "Fee Waiver" is approved

3)  Pay a ridiculous amount of money (that I do not have) for the full transcript of my Nov. 14, 2023 hearing.

4)  Hope that my Motion for Leave to Appeal is approved (this is where I may need legal assistance - which is not cheap).

5)  Post updates at each step of the case(s).- on here, and on social media.

6)  Facilitate much-needed changes in the regulation of professionals in Canada.  This may require an entire reboot.

Alternately, Canadian lawyer Bruce Pardy had another suggestion about how to fix the regulators - in an article entitled, "Professions are the Cartels of our Managerial Age"

See:  https://www.rightsprobe.org/read/professions-are-the-cartels-of-our-managerial-age

7)  Perhaps, after the dust settles)...I will be able to pay most, if not all of you back.

8)  Keeping hoping and praying!

Thank you all very much for at least taking the time to read this.

Stay tuned!

UPDATES

Update #3
January 9, 2024
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Thank you Jane for your generous donation.

I am still fighting - and have no plan on stopping!

Update #2
December 16, 2023
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In procedural legal limbo with both of my Judicial Review at this time.  [sigh]

Hopefully I will have some (positive) updates for Christmas!

Update #1
November 24, 2023
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A special thank you to Stephanus and the other donor for your donations.

Have a blessed day!

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