Pubdate: Thu, 30 Jul 2015
Source: Intelligencer, The (CN ON)
Copyright: 2015, The Belleville Intelligencer
Contact: http://www.intelligencer.ca/letters
Website: http://www.intelligencer.ca/
Details: http://www.mapinc.org/media/2332
Author: Jason Miller
Page: A1

POT DOC'S TRIAL DELAYED

Appeal Hearings

The trial date for a Coe Hill doctor related to his involvement with 
medical marijuana prescriptions has been snarled by appeal hearings.

Delays in the criminal proceedings launched against Dr. Rob 
Kamermans, who was committed stand trial on a slate of charges in 
Belleville last fall, has not slowed a string of separate ongoing 
disciplinary hearings levied against him by the College of Physicians 
and Surgeons.

The family practitioner and his wife have been committed to stand 
trial for a host of charges including substance trafficking, and 
fraud and money laundering linked to medical marijuana. He's already 
facing a host of restrictions on his medical practice as a result and 
the college is moving ahead with further punitive measures.

In the meantime, Kamermans has filed an appeal attempting to kibosh 
the prosecutor's bid to indict him on forgery instead of fraud, 
linked to documents signed on behalf of the patients.

During his trial committal hearing in Nov. 2014 Justice Stephen 
Hunter didn't find that it fits within the definition of forgery but 
it did find that they're frauds, before tossing five counts of 
forgery levied against both accused.

The Crown successfully appealed Hunter's findings, which were 
overruled on the grounds "there was an error but that it should go 
back to Judge Hunter for a final decision," a court official said Wednesday.

"In the meantime, Kamermans filed an appeal of (Superior Court) 
decision with the (Ontario) Court of Appeal saying Hunter exceeded 
his jurisdiction and it should be overturned and the forgery charges 
would then, if they are successful, be dead," the official said.

"We cannot set a trial date until the Court of Appeal rules and that 
will take months and months as it was just filed last week." Once 
that's cleared up, Rob, 68, and Mary Kamermans, 66, will face trial 
for a series of charges stemming from his alleged endorsement of 
Health Canada's medicinal marijuana documents for patients in 
jurisdictions across Canada, between January 2011 and April 2012, 
including his Bancroft medical practice.

Rob Kamermans and his wife were also committed on three counts 
related to defrauding the Ontario Health Insurance Program (OHIP).

Dr. Kamermans was charged Aug. 15, 2012 in Sturgeon Falls, while his 
wife Mary - a registered nurse - was charged in Bancroft.

The criminal proceedings are just one side of the Kamermans' ordeal. 
Rob Kamermans is also facing ongoing investigation and scrutiny from 
the College of Physicians and Surgeons, which has already imposed 
numerous limitations on his ability to practise in Ontario.

"He has a lot going on as you know," said college spokesperson, 
Kathryn Clarke, adding there is a penalty hearing set for Jan. 2016 
linked to rulings from 2014. "He is still facing allegations 
pertaining to the medical marijuana practice."

He has already been banned from prescribing, dispensing or the 
administration of cannabis. The college is pressing ahead with 
additional allegations including that he falsified records and 
"signed or issued documents that he ought to have known were false or 
misleading," Clarke said. "Those allegations are yet to be heard."

She said convictions on any of the criminal charges could be factored 
into the college's ruling, though handled as separate proceedings.

The college also found he "committed an act of professional 
misconduct" by failing to maintain the standard of practice for more 
than two dozen patients. As a result of the college reprimand, 
Kamermans was hit with a cost of $3,650 along with several sanctions 
including operating under strict supervision.

Clarke said he still listed as operating the Coe Hill practice, but 
"he's not allowed to practice in the emergency room setting," she 
said, adding Kamermans is running a supervised family practice, 
"under the restrictions he has to have another physician act as a preceptor."
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MAP posted-by: Jay Bergstrom