Alberta’s highest court has refused to hear an appeal from a former doctor who promoted alternative cancer treatments, leaving in place a permanent court order barring him from representing himself as someone licensed to practice medicine.
It’s the latest ruling in a years-long legal battle between William Makis and the College of Physicians and Surgeons of Alberta (CPSA), which secured the injunction against him in March.
Background on William Makis
Makis has not been licensed to practice medicine in Alberta since February 2019. Since then, he has operated what he describes as a “cancer coaching” service, offering information to clients about alternative cancer treatments — including ivermectin — through social media, YouTube and other online platforms. He claims to have provided advice to over 8,500 people across the globe, including children.
A permanent court injunction delivered in March forbids him from using titles, abbreviations, or initials, including “doctor,” “Dr”, or oncologist. A court had previously ruled that he was in contempt of a similar interim injunction.
Appeal Rejected by Justice Feth
Makis, who has been declared by the court to be a vexatious litigant, applied to the Alberta Court of Appeal seeking permission to challenge that injunction. His lawyer argued his activities amounted to “health coaching” rather than the practice of medicine. Makis also argued that the injunction infringed his Charter free-expression rights, and that he has since moved to Florida where he has been conditionally approved to practice medicine and so was now beyond Alberta’s jurisdiction.
In a ruling released earlier this month, Justice Kevin Feth rejected those arguments, writing, “granting permission to appeal is not in the interests of justice.”
“Mr. Makis’ move to Florida (and possible licensure there) does not change the fact that the interim injunction prohibited him from practicing medicine in Alberta,” he wrote, noting the injunction applies to his activities in Alberta regardless of where his clients are located.
Court Ruling and Implications
Feth said there was no basis to overturn the lower court’s findings, noting Makis had continued practicing medicine “in the face of a clear and known court prohibition.” He also pointed to the trial judge’s conclusion that “calling something ‘health coaching’ does not mean that someone is not practicing medicine.”
Postmedia did not receive a response to a request for comment from either Makis or his lawyer. Makis was a nuclear medicine physician at the Cross Cancer Institute until October 2016. His contract was not renewed after complaints of professional misconduct, including accusations that he threatened a colleague he accused of lying to a college investigator in 2017.
