Physician Intimidation Law January 2022

A new law came into effect across the country this year that now makes it illegal for anyone to intimidate doctors, nurses, and patients. Over the past number of years, healthcare workers have been stretched thin as they provide care in the shadow of the COVID-19 pandemic. This unprecedented challenge has seen healthcare workers experience aggression and intimidating behaviour when simply trying to perform their duties, while patients have had similar negative experiences when trying to obtain health services.

In late 2021, a motion to amend the Criminal Code—along with a number of other changes—was brought forward in the House of Commons. The amendments were unanimously passed in December of last year, and the law took effect on January 16 of this year.

What were the amendments?

The relevant amendments include:

• Creating an offence of intimidating someone in order to impede them from obtaining health services, intimidating a health professional in order to impede them in the performance of their duties, or intimidating an individual who assists a health professional in order to impede the person in providing that assistance.
• Establishing an offence of obstructing or interfering with a person’s lawful access to a place at which health services are provided, subject to a defence of attending at the place for the purpose only of obtaining or communicating information.
• Include the commission of an offence against a person who was providing health services, and the commission of an offence that had the effect of impeding another person from obtaining health services as aggravating sentencing factors for any offence.

A person who commits one of these offences would be guilty of an indictable offence, and liable to imprisonment for up to 10 years, or of an offence punishable on summary conviction.

Where can I read more?

You can visit the Parliament of Canada website to read the full text of BILL C-3, which outlines the Criminal Code amendments.

Resources for doctors

Doctors of BC is committed to supporting your health and safety. Please visit our Physician Health and Safety page for a variety of resources.

These resources include:

• Physician Health Program information, including details on counselling, coaching, and peer support sessions.
• Safety resources from the College of Physicians and Surgeons of BC, as well as other information from the Canadian Medical Protective Association.

In 2019, physician health and safety in the workplace was incorporated into the 2019 Physician Master Agreement, leading to the Physician Health and Safety Agreement. Our dedicated webpage on this agreement has many resources for physicians seeking to learn more about how this agreement works, alongside policy on workplace safety.

If you are experiencing issues related to physical or psychological health and safety, or have been involved or impacted by it in the past, you are encouraged to contact your local Regional Advisor and Advocate.