[1] THE COURT: This is an application by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia for an injunction. In particular the injunction that is sought is to restrain the respondent, who I will refer to as Mr. Fischer, from these things, and I will read from the written argument:
- (a) holding himself out to the public as a person who is qualified or registered to practice traditional Chinese medicine and/or acupuncture in British Columbia;
(b) using by or in any medium the word "acupuncture" or "acupuncturist" or the phrase "traditional Chinese medicine," or any abbreviation or variation of them in any title or description of services offered or provided by him in British Columbia; and
(c) providing or offering to provide traditional Chinese and/or acupuncture services to the public in British Columbia.
[2] This matter proceeded before me in Chambers in Vancouver.
[3] At the commencement of the hearing Ms. Lovett was here as counsel for the Petitioner, and there was a man present. He was difficult for me to understand. He said, "I own the name Warren Joseph Darnell Fischer," but he talked about standing on land claimed by the Squamish Nation and asked “who was the injured party”? There was a woman with him who Ms. Lovett understands may be someone who calls herself Kiapilano, and she handed up various documents, which are nonsense as far as I can tell, and this woman tried to take over the proceedings and say that they were dismissed because no one was harmed. I understand that her position was this court does not have any jurisdiction.
[4] After some discussion Mr. Fischer left the room with the woman. There were some people in the gallery who left as well, and there was one person in the gallery who remained until Ms. Lovett's submissions had proceeded for about 10 minutes. So, although there was this appearance at the beginning, Mr. Fischer did not stay throughout the hearing.
[5] I will just briefly set out that there is a requirement that people be registered if they are going to hold themselves out as either acupuncturists or as practitioners of traditional Chinese medicine. I will just simply cite sections from the Health Professions Act; that is ss. 12.1 and 13, and s. 51(4) of that Act. Essentially those say that only people who are registered with the appropriate regulatory body can use the titles. They also say that it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the prohibited acts.
[6] In this case the College was created, as I understand it, by a Regulation, the Traditional Chinese Medicine Practitioners and Acupuncturists Regulation, B.C. Regulation 290, (2008). That Regulation defines “acupuncture”, “acupuncturist”, “doctor of traditional Chinese medicine”, “traditional Chinese medicine” and “traditional Chinese medicine practitioner”, and it also restricts the activities of traditional Chinese medicine and acupuncture to registrants of the College.
[7] In this case Mr. Fischer was for many years a registrant of the College. He was a registrant from November 1999 until March 31, 2013.
[8] After March 31, 2013, Mr. Fischer had some discussions with the registrar of the College in which he said that he was not going to continue his registration because he wanted to take a stand with regard to government. He told the registrar that his issue was with the Canadian government using tax money for war and weapons, and that he had removed all connections with government and had refused to pay taxes.
[9] In fact, Mr. Fischer has been convicted of three counts of making, assenting, or acquiescing in the making of a false statement in his tax returns for the years 2007 through 2009. He was convicted on June 25, 2013. Mr. Fischer was sentenced to six months in custody and fined almost $47,000 on October 22, 2013.
[10] I will not read much from the reasons for sentence of Judge Mrozinski, but I will read paragraphs 33 through 35:
[33] In addition ... for the first time ... during the sentencing hearing, you acknowledged your name when you gave evidence. By this, I am meant, I suppose, to draw the conclusion that your illegal tax protest days are behind you, and that having read the decisions of Justice Rooke in Meads v. Meads, [2012] ABQB 571, you have experienced a sort of conversion.
[34] I am sceptical of this, Mr. Fischer, for a few reasons. First, I have a very difficult time believing that you did not understand the full import of what you were doing prior to being charged. I think you did.
[35] I have even more difficulty believing, particularly given the emphasis in the sentencing on your education and your facility with language ... that you at the same time were so ignorant of the Canadian court system that you felt justified in not attending for trial and conducting yourself as you had done in your various appearances.
[11] The College sent an investigator to seek treatment from Mr. Fischer. I do not need to go through this in much detail for the purposes of these reasons, but the individual investigator, Ms. Harrison, went to Mr. Fischer’s clinic. She requested services. Mr. Fischer inserted needles in various places on her body and attached an electronic machine at one point causing a pulsating feeling. Mr. Fischer also said he would be giving her an herbal remedy to help her sleep. I am satisfied that those acts fall within the definition in the legislation about providing “acupuncture” and prescribing “Chinese medicine”, and so those are acts that can only be performed by someone who is a registrant with the College.
[12] The investigator asked Mr. Fischer about the Squamish Nation at the time of the investigation, and I think that is in part because of the documentation that the investigator was asked to sign. Mr. Fischer said that the “sovereign Squamish nation” was separate from the Canadian government. He said he was not of aboriginal ancestry but that anyone of like mind could join. He told the investigator that the “sovereign Squamish nation” did not support the Canadian government because the government's taxes funded war, and that this alleged “sovereign Squamish nation” would soon be establishing its own banking system and its own currency.
[13] It is not necessary for me to describe in much detail the documentation which has been provided by or on behalf of Mr. Fischer. I would simply describe it as, from a legal perspective, nonsense. It is the kind of documentation described by Justice Rooke in the Meads case. For example, the documentation includes unusual features which are flamboyant, such as multi-coloured text and elaborate ornamentation. It has names with strange punctuation and using copyright and trademark indications. Mr. Fischer's apparent thumbprint in red ink appears at some places. There is reference to lower case "i, man" and “common law” and being an “ambassador” of some group. All of these things unfortunately are characteristic of people who are taking the position that these courts have no jurisdiction, but they are relying on what appears to be utter nonsense.
[14] Mr. Fischer does not appear to have any defence to this claim of the College. I am satisfied that he has continued to practice Chinese medicine and acupuncture, based not only on his admission to the registrar that he apparently was going to carry on without being registered, but most importantly, on the evidence of the investigator about her receiving acupuncture treatment and a prescription for Chinese medicine from Mr. Fischer.
[15] The petitioner is entitled to the injunction sought.
[16] Is there anything else, Ms. Lovett?
[17] MS. LOVETT: There had been declaratory relief sought as well in paragraph 2.
[18] THE COURT: Oh, I am sorry.
[19] MS. LOVETT: Paragraph 3, sorry.
[20] THE COURT: It is in the petition. All right. I am sorry, I was just looking at the written argument. Yes, you are also entitled to the declaration in the petition at paragraphs 2(a) and (b).
[21] MS. LOVETT: Thank you.
[22] THE COURT: So, the order consists of the permanent injunction as set out in the Petition at order sought, Number 1, and the declarations in Item 2(a) and (b).