On January 24, 2020, on the basis of agreed facts and admission, the Discipline Committee (the “Committee”) of the College of Physicians and Surgeons of Ontario found that Dr. Angus Graham Maciver committed an act of professional misconduct,and set out its penalty and costs order with written reasons to follow.
FACTS
Dr. Maciver is a 70-year-old general surgeon practising in St. Mary’s, Ontario. He has held a certificate of registration authorizing independent practice since 1979.
At the time of the incidents described below, Dr. Maciver held the position of Past President of the Perth County Medical Society, a section of the Ontario Medical Association (“OMA”). He has also acted as an Assessor for the College of Physicians and Surgeons’ Quality Assurance and Out of Hospital Premises programs. The OMA is the association that represents the political and economic interests of physicians in Ontario. This includes representing Ontario physicians in negotiations with the Province of Ontario.
Concerned Ontario Doctors (“COD”) is a physician advocacy organization that has taken positions critical of the OMA. At the relevant times, Dr. Kulvinder Kaur Gill (“Dr. Gill”) and Dr. Ashvinder Kaur Lamba (“Dr. Lamba”) were Board Directors of COD.
Twitter Posts of September 2018
On September 4, 2018, Dr. Maciver engaged in an exchange on Twitter relating to COD’s advocacy regarding the OMA. In the course of this exchange, Dr. Maciver tweeted the following, referring specifically to Dr. Gill and Dr. Lamba: “The effing best is that these overpaid but whining corksoakers still have me on their list but have effing blocked me…the Ash and Kulvinder twats...”. [10:04PM]. The tweet was later deleted by Dr. Maciver.
After posting this, Dr. Maciver posted further tweets referring to Dr. Gill and Dr. Lamba, including the following:
“I think [F], that I’m dead to them. I’m ok debating, but the blocking shit showcases their histrionic selfishness.” [10:26PM]
“and BTFW, this also showcases their lack of the qualities we all expect in a physician, let alone a colleague” [10:29PM]
“Never said anything at all against either of them personally until this last tweet. They are intolerant, or why would they block a colleague?” [11:03PM]
“I’m not holding my breath, [P]. Saw them perform at OMA council. They are an intolerant bunch…” [11:11PM]
Also on September 4, in an exchange discussing OMA fee negotiations and relativity between specialties, Dr. Maciver tweeted that a coalition of physician specialities should be named “Poor Sluts”. This was in reply to a message from another user who joked that the coalition should be named Poor-Sod, for “Pissed Off Over-Regulated Shortchanged Ontario Doctors”. Dr. Maciver replied: “Or Poor Sluts, as they’d say in Cape Breton ….. Serially Leftbehind Underpaid Trench Slaves” [7:24PM]
On September 7 and 8, 2018, Dr. Maciver posted further tweets regarding Dr. Gill and Dr. Lamba. He mentioned an attempt to apologize, but in so doing criticized Dr. Gill and Dr. Lamba for blocking him on Twitter and preventing constructive discussion: “Hi [T]. I specified that the phrase was not gender focused in an immediate follow up. The phrase itself is succinct. Google it. These people had previously blocked me when I had objected to their lack of constructivity in their complaints.” [September 7]
“Again, I’m quite happy to apologize to Drs. Kaur, and gender issues were not intended. Their attitude with blocking everyone who disagrees with them prevents constructive discussion.” [September 8, 10:17AM]
“I apologized to them unconditionally earlier today but I don’t know if they received the email as I am blocked by them.” [September 8, 6:25PM]
“I again apologize for the poor choice of words used in a recent tweet, despite clarification and deleting the tweet with 2 subsequent apologies.” [September 8, 11:05PM]
Dr. Gill and Dr. Lamba indicated that prior to these tweets being posted by Dr. Maciver, they had never spoken to or interacted with him in their personal or professional lives, either in person or on any social media platform.
FACTS ON PENALTY
On March 21-23, 2019, Dr. Maciver completed the PROBE Program on Professional and Problem-Based Ethics. Dr. Maciver’s PROBE Essay, the PROBE Evaluation and Assessment Report and the Certificate of Completion were attached to an exhibit and were before the Committee.
DISPOSITION
On January 24, 2020, the Discipline Committee ordered that:
- The Registrar suspend Dr. Maciver’s certificate of registration for a period of one (1) month, commencing from January 25, 2020 at 12:01 a.m.
- Dr. Maciver attend before the panel to be reprimanded.
- Dr. Maciver pay costs to the College in the amount $6,000.00 within 30 days of the date of the Order.
