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Waddell, John Maitland

CPSO#: 60969

MEMBER STATUS
Active Member as of 28 Apr 2020
CPSO REGISTRATION CLASS
Restricted as of 27 Jan 2020
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Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Toronto, 1989

Practice Information

Primary Location of Practice
Collins Bay Institution
1455 Bath Rd
Kingston ON  K7M 7W9
Phone: (613) 536-6208 Electoral District: 06

Hospital Privileges Flag: indicates a concern or additional information

No Privileges reported.


Hospital Notices

Source:  Hospital
Active Date:  April 12, 2017
Expiry Date:  
Summary:  
On April 12, 2017, Weeneebayko Area Health Authority (WAHA) notified the College, pursuant to section 33(a) of the Public Hospitals Act and section 85.5(1) of the Health Professions Procedural Code, that Dr. Waddell’s application for re-appointment for the 2015/2016 credentialing year was denied by WAHA’s Board of Directors.

Specialties

Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 12 Jun 1989
Expired: Terms and conditions of certificate of registration Expiry: 18 Jun 1990
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 18 Jun 1990
Transfer of class of certificate to: Restricted certificate Effective: 27 Jan 2020
Terms and conditions imposed on certificate by Discipline Committee Effective: 27 Jan 2020
Suspension of registration imposed: Discipline Committee Effective: 28 Jan 2020
Suspension of registration removed Effective: 28 Apr 2020

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 27 Jan 2020 Active
             As from January 27, 2020, by order of the Discipline Committee of the College
            of Physicians and Surgeons of Ontario, the following terms, conditions and
            limitations are imposed on the certificate of registration held by Dr. John
            Maitland Waddell: 

            (i)   Dr. Waddell shall comply with the College Policy "Closing a Medical
                  Practice":  

            (ii)  Dr. Waddell will participate in and successfully complete, within six (6)
                  months of the date of this Order, individualized instruction in
                  professionalism and communications satisfactory to the College, with an
                  instructor approved by the College, who shall provide a summative report
                  to the College including his/her conclusion about whether Dr. Waddell
                  successfully completed the instruction.

            (iii) Dr. Waddell shall be solely responsible for payment of all fees, costs,
                  charges, expenses, etc., arising from the implementation of any of the
                  terms of this Order.

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 27 Jan 2020
Summary:

On January 27, 2020, on the basis of an agreed statement of facts, the Discipline 
Committee (the “Committee”) of the College of Physicians and Surgeons of Ontario 
found that Dr. John Maitland Waddell (“Dr. Waddell”) committed an act of professional 
misconduct in that: he engaged in an act or omission relevant to the practise of 
medicine that, having regard to all the circumstances, would reasonably be regarded by 
members as disgraceful, dishonourable or unprofessional; and engaged in conduct 
unbecoming a physician. The Committee also set out its penalty and costs order with 
written reasons to follow.  
 
PART I   -   FACTS 
 
A.    Background   
 
Dr. Waddell received his certificate of registration authorizing independent practice 
from the College of Physicians and Surgeons of Ontario (the “College”) on June 18, 
1990. 
 
From 2005 until early March 2015, Dr. Waddell worked in the Weeneebayko region 
providing family medicine services, under contract with various governing health 
authorities, and holding Active Staff privileges at Weeneebayko Area Health Authority 
(“WAHA”) (or its predecessor).   
 
WAHA provides health services in the Weeneebayko region along the James Bay and 
Hudson Bay coastal regions in northern Ontario in six communities: Moose Factory, Fort 
Albany, Attawapiskat, Moosonee, Kashechewan and Peawanuck. WAHA provides health 
care to the six communities it services through different types of facilities in each 
community. The Fort Albany and Attawapiskat Hospitals have some inpatient beds. 
Weeneebayko General Hospital (“WGH”) is the largest health facility and provides the 
widest scope of health care in addition to inpatient services including 24-hour 
emergency services, family medicine, a regional mental health program, and various 
specialty clinics.  
 
B.    Dr. Waddell’s Dispute at WAHA 
 
In an application signed January 31, 2015, Dr. Waddell applied to the WAHA for an 
appointment to the Hospital’s Medical Staff, Department of Family Medicine in the 
category of locum tenens for the 2015-2016 credentialing year. At the time of his 
application, he held Active Staff privileges at WAHA, and until March 2015 was 
providing Coastal Consultation services (a telecommute position) along the James Bay 
coast. 
 
At its meeting September 25, 2015, the Medical Advisory Committee (the “MAC”) 
recommended to the WAHA Board of Directors (the “WAHA Board”) that Dr. Waddell not 
be re-appointed to Medical Staff.  
                                       1 

  
 Dr. Waddell requested a hearing before the WAHA Board to consider the MAC 
 recommendation. The hearing took place over four days in November and December 
 2016. In its decision dated March 7, 2017, the WAHA Board adopted the MAC’s 
 recommendation declining reappointment.  
  
 Dr. Waddell appealed the WAHA Board’s decision to the Health Professions Appeal and 
 Review Board (“HPARB”). The hearing took place over three weeks in November 2017 
and January and February 2018. In its decision released May 8, 2018, HPARB confirmed 
the decision of the WAHA Board.  
 
On December 17, 2019, the Ontario Superior Court of Justice- Divisional Court 
 dismissed Dr. Waddell’s appeal of the HPARB decision. A copy of the endorsement is 
 attached. 
  
 Dr. Waddell has not been on site at WAHA or provided direct on-site physician services 
 to WAHA since August 28, 2014. Dr. Waddell has not provided any physician services, 
 including coastal call consultation services, to WAHA since March 2015. 
  
 C.    Disgraceful, Dishonourable or Unprofessional Conduct re: Email Campaign 
  
 While Dr. Waddell’s privileging dispute was ongoing, Dr. Waddell sent emails to a wide 
 audience which were unprofessional and offensive, and which Dr. Waddell knew or 
 ought to have known could promote a negative reaction against physician leadership 
 within WAHA. This led to a further erosion of trust between Dr. Waddell and WAHA 
 leadership. 
  
 For example, after the WAHA Board hearing was completed on December 14, 2016, Dr. 
 Waddell used his hospital email to send two emails: one dated December 15, 2016 to all 
 WAHA physicians and staff; the second dated December 15, 2016 to WAHA physicians. 
 In these emails, Dr. Waddell characterized the MAC meeting of September 25, 2015 as 
 the “sort of justice seen in a Gestapo firing squad, a Wild West lynching, or the burning of 
 the witches on the stake.”   
  
 Dr. Waddell alleged that the Hospital had tried to “illegally fire him” and that he had been 
 denied due process. He accused Dr. Green (Chief of Staff) of engaging in a reprisal 
 against him and accused Dr. Green, Dr. Martens (Director of Family Medicine) and Mr. 
 Schmidt (Chief Executive Officer) of breaching his confidentiality. He alleged that the 
 three men had improperly used the “might” of WAHA to irreparably destroy his 
 reputation and end his career.    
  
 Dr. Waddell’s communications were contrary to the Hospital’s email policy. In response, 
 WAHA terminated Dr. Waddell’s access to hospital email service on December 16, 2016.  
  
                                      2 

Dr. Waddell continued to send unprofessional and offensive emails which he knew or 
ought to have known could be received as threatening and harassing to the WAHA 
leadership, and specifically Dr. Green, Dr. Martens and Mr. Schmidt who testified on 
behalf of WAHA at the WAHA Board hearing.  For example: 
       
      -In an email dated May 9, 2017, entitled “Weather Watch” to Drs. Green, Martens 
      and Mr. Schmidt, Dr. Waddell wrote: 
       
      You may have won a couple of battles, but you shall not win the war.  Your 
      nefarious deeds committed through collusive lies shall bring you all down from the 
      high places you think you all sit. 
       
      There is a hurricane developing throughout the territory headed straight 
      towards the hospital. With that in mind, if any person or party at WAHA or 
      WAHA’s agents reveals ANY of my personal health information to any 
      person or party without my written consent I shall hold the 3 of you 
      responsible.  
       
      -In response to a letter sent by Ms. Deborah Hill (Chief Executive Officer and Vice 
      President of Patient Care, and Chief Nursing Executive) to all WAHA Employees 
      and Staff, Dr. Waddell made the following unprofessional comments to Ms. Hill, 
      stating: 
       
      My advice to you Ms. Hill is to be careful where you stand for 2 reasons, my 
      unfounded and inflammatory comments are extensively documented and 
      soon to become very public knowledge and you are surrounded by liars. 
       
      -In response to an email dated May 12, 2017, written by Dr. Green and circulated 
      to all WAHA employees, Dr. Waddell replied in email dated May 12, 2017 to Dr. 
      Green, stating: 
       
      You are a liar. You did that to yourself. And the hate is yours, not mine. The 
      misdeeds are on you not me. It’s time for you to go. 
 
   -  In a subsequent email dated July 16, 2017 to Dr. Green, Dr. Waddell stated:  
       
      … I am officially informing you, the Chief of Staff that I will be exercising 
      freedom of opinion and expression as well as freedom of association. This 
      will be in the form of Facebook messaging to my friends.  
 
   -  In an email dated November 17, 2017 to Dr. Green, and copied to others in 
      WAHA leadership, Dr. Waddell wrote: 
       
                                       3 

       It is very sad what you have done. Wielding the power, authority and 
       resources of a public hospital is despicable. Enlisting so many to achieve 
       your personal revenge is wicked. I hope to find room in my heart to forgive 
       you sometime, maybe on the same day you extend to me one ounce of 
       human decency. 
        
 D.    Disgraceful, Dishonourable or Unprofessional Conduct re: Facebook Campaign 
  
 Commencing in or around May 2017, Dr. Waddell authored a series of Facebook posts 
 in which he made unprofessional and far-reaching allegations against WAHA, senior 
 management personnel and some of its Medical Staff which were widely accessible to 
 the public. Facebook in the James Bay Region is an important tool for communication 
 among residents.  
  
 On or about May 6, 2017, Dr. Waddell wrote: 
        
       Would anyone who either lives/lived or works/worked in the Mushkegowuk 
       Territory be at all interested in how the health system run by the 
       Weeneebayko Area Health Authority kills, maims and endangers the 
       patients of the region? 
        
       I have an incredible list of true stories that I’d love to tell over the next year 
       that many would find informative from the ten years I served in the region 
       before the Chief of Staff, the CEO, the Chief of Family Medicine and their 
       hired hitmen ran me out of town.   
 
Dr. Waddell provided a Facebook update between May 9 and 7, 2017 stating: 
        
       I am eventually going to compile the Facebook stories into some form of a 
       publication. It will be called ‘The Red Genocide”, a sad, yet appropriate name 
       I feel….    
         
 Throughout 2017, Dr. Waddell continued to make unprofessional and offensive 
 Facebook posts, specifically identifying members of WAHA leadership, and WAHA’s 
 legal counsel, in a manner that he knew or ought to have known could be received as 
 inflammatory and threatening:  
  
       -After receiving communication from WAHA counsel, Dr. Waddell wrote 
       that the hospital was hiding behind an “outrageously expensive legal 
       shield at the expense of the sick and wounded”. Specifically, on or about 
       May 11, 2017, Dr. Waddell posted: 
        
                                      4 

      [Counsel to WAHA] ... was hired by your hospital’s CEO, Chief of Staff, Chief of 
      Family Medicine and their thugs to do 2 things, cover up for their wickedness and 
      malfeasance, and permanently silence my voice… 
       
      It sickens me to know that the hospital Chiefs hide behind their obscene and 
      dastardly deeds behind an outrageously expensive legal shield at the expense of 
      the regions sick and wounded.   
       
      All I know is we live in a free country and have a constitutional right to express 
      ourselves. So [Counsel to WAHA], with all due respect, stuff it up your meci hole 
      [excrement hole], as this doc has got a lot to say.  
       
      He continued to post unprofessional comments about WAHA’s legal 
      counsel and what he perceived as WAHA’s attempts to pay her to silence 
      him.  
 
In or around July 18, 2017, Dr. Waddell posted about members of WAHA Medical 
Staff, the Chairman of the Board and the CEO. Specifically, he asserted that Dr. 
Zahra Jaffer (President of the Medical Staff at WAHA) and Dr. Martens were 
committing “their own atrocities” to silence him. He posted in response to a 
comment from a member of the public on Facebook: 
       
      The corruption & incompetence is beyond belief... Wait until you see the chapters 
      on Drs. Barkman & Ringrose, the chapter titled ‘The Loon with a Crooked Beak’ will 
      make you vomit, I will also chronicle Green & Schmidt’s manipulation of not only 
      WAHA Bylaws, polices and agreements… to serve their ends, but also of young 
      doctors like Martens and Jaffer who they enticed into their twisted circle to 
      commit their own atrocities against me to silence my voice to tell my patients’ 
      stories.  
 
In or around July 23, 2017, in a post entitled “Show Me the Money”, Dr. Waddell 
accused Mr. Schmidt and Dr. Green of redirecting hospital money to silence him. 
He wrote: 
       
      CEO Schmidt, Chief of Staff Green and other senior people at WAHA have re-
      directed hospital money towards Toronto Lawyers. Hundreds of thousands of 
      dollars and rising every day.  
       
      They have done this to silence my voice to tell your stories of how the WAHA 
      health system fails the region’s patients. At first they forced me out in hopes that 
      thousands of miles of distance muted my words. When that failed, there was a 
      brutal and savage assault on my character with the purposeful intent to destroy my 
      reputation and credibility, rendering the PATIENT STORIES that I tell unbelievable 
      and unfounded.  
                                      5 

       
      .. They’ve commanded huge amounts of money, the patients’ money to buy and 
      make truth in the name of quality patient care. It is obscene, repulsive and hideous.  
       
   -  On or about July 30 or 31, 2017, in a post entitled “White Witness to a Red 
      Genocide: Chapter: Over the Hill”, Dr. Waddell accused WAHA of 
      outrageous conduct. He stated:  
      
      This story shows how the physicians’ philosophy at WAHA can kill, maim and 
      endanger the Mushkegowuk patients. 
        
   -  In an August 2017 post entitled “A White Witness to a Red Genocide 
      Chapter: Death by Phone”, Dr. Waddell wrote: 
       
      In ten years I saw phone medicine kill, maim and endanger hundreds of patients in 
      the Territory… 
       
      There is NO doctor who would EVER have himself or their loved ones diagnosed 
      over the phone. NONE. … Yet it is perfectly fine for the Mushkegowuk people. Red 
      Genocide my friends, a Red Genocide.  Either stand and fight for your lives now, or 
      remain sitting and wait your turn for the doctor call that places your life, limb or 
      function in peril.  
       
   -  In or around September 2017, in a post entitled “White Witness to a Red 
      Genocide, Chapter: A Loon with a Crooked Beak,” Dr. Waddell wrote in respect of 
      Hospital Board Chair, Leo Loone: 
       
      There remains a rotting bird sitting on your health authority’s fouling the nest and 
      neglecting its’ hatchlings. If this is acceptable to you say nothing, do nothing.  If 
      not, stand up and fight … Your quest for these answers will lead to other hideous 
      creatures that feast on such filth.”   
       
In November 2017, in a post entitled “Killing a White Witness”, Dr. Waddell wrote: 
       
      It’s wrong. Fucking wrong. 
      ..[t]he corruption within WAHA is deep like a canyon, wide like a mountain, endless 
      like the sky. It is everywhere. Corruption is WAHA, a monster that will do anything 
      to survive. It has no choice but to kill the White Witness.  
      But how? Through organized and sustained attacks with intent to inflict grievous 
      injury… In the dealings with me, there has been no fair play. There has been no law 
      and order. Nothing but savage and brutal attacks that they hold out as ‘due 
      process’. Paid for out of your hospital’s bank account on the backs of the 
      Territory’s spilled blood, broken bones, nooses about necks, misery, suffering & 
      death.    
                                      6 

 
In its decision released May 8, 2018, HPARB found: 
      The Appeal Board finds that Dr. Waddell’s conduct in the above social media 
      postings to clearly demonstrate his continued inability to conduct himself in a 
      fashion that might demonstrate cooperation with the Board or WAHA’s leadership. 
      His multiple misleading and serious allegations against WAHA, its employees and 
      its staff based on incidents that took place many years ago, including incidents 
      that would have occurred while Dr. Waddell was in a position of administration and 
      leadership. The posts, while problematic for many reasons, are particularly 
      concerning given the impression Dr. Waddell is conveying to the public that the 
      incidents are current issues in the community despite the fact that these events 
      occurred some years ago and are stated according to Dr. Waddell’s perspective 
      and may not be accurate. Indeed, Dr. Waddell has not been onsite at WAHA or 
      provided direct on-site physician services to WAHA’s patients since 2014. Dr. 
      Waddell has not provided any physician services, such as Coastal Call consultation 
      services, to WAHA since March 2015. 
        
Dr. Waddell continued to author posts on Facebook in 2018 that were unprofessional: 
 
   -  In or around May 31, 2018, after the release of the HPARB decision 
     confirming the Board’s decision not to reappoint Dr. Waddell, in a post 
     entitled “A White Witness to Red Genocide, Chapter: License to Kill the Red 
     man”, Dr. Waddell wrote: 
       
      Read the HPARB and WAHA Decisions... You will see how the white man’ 
      manipulation of the facts and their law permits the death and injury of you, your 
      children, your grandchildren… Bottom line is any doctor who attempts to stop the 
      corruption and incompetence that kills or maims any of you shall be ruled 
      disruptive and unworthy…. 
       
      …so many of those that I so deeply cared for shall needlessly die and suffer in all 
      of the days that follow forever.    
 
   -  In a subsequent post, entitled “Meci Sandwich” (meaning “Excrement 
      Sandwich”), Dr. Waddell wrote: 
       
      A day will come when the likes of Bernie Schmidt, Gordon Green, Kelly Reuben, Ben 
      Martens, Caroline Lidstone-Jones, Zahra Jaffer, Robert Gagnon, Janice Soltys, and 
      the rest of their twisted allies will have to answer to their actions as reflected in 
      real facts, not their fiction. In doing so, their walls of deceit, denial, deflection & 
      determent will fall down around them, leaving them exposed and naked to be 
      judged for what they have done. There can be no better end then to watch them 
      feast on the meci sandwiches that they made for others to eat.  
                         
                                      7 

   -  In June 2018, in a post entitled “Lying L-Stone”, about WAHA’s Chief 
      Quality Officer, Caroline Lidstone Jones, Dr. Waddell stated: 
       
      Lies of her knowledge of my allegations. Lies about writing the incident report. Lies 
      about receiving the complaint. All to shore up the lies, nonsense and other 
      poppycock of Shaking Man [Green] & Bull Schmidt.    
       
E.    Impact of Dr. Waddell’s Unprofessional Facebook Campaign 
 
Members of WAHA leadership and physicians practising at WAHA at that time have 
indicated that Dr. Waddell’s Facebook posts and emails impacted the community and 
WAHA’s ability to provide medical services, creating an environment of mistrust and 
anger towards WAHA physicians and staff, with the resulting consequences: the 
resignation of physicians, difficulty recruiting new physicians, difficulties for physicians 
communicating  with and effectively treating their patients and negative impact on staff 
morale.  
 
F.    Disgraceful, Dishonourable or Unprofessional Conduct re Dr. Waddell’s 
      Disclosure of Patient Information 
 
Some of Dr. Waddell’s public Facebook posts disclosed patient information that Dr. 
Waddell had no authority to disclose. The posts included descriptions of medical 
conditions, medical procedures outcomes, and particulars regarding patients. The 
details described were sufficient to permit the patients to identify themselves. One 
patient complained to the College about a series of posts, noting that she did not give 
Dr. Waddell consent to speak about her experience.  
 
In Dr. Waddell’s response to the College, he offered his apology to the patient who 
complained.    
 
G.    Conduct Inconsistent College Policy 
 
Dr. Waddell’s conduct described above is inconsistent with professional obligations 
including those as articulated in Policy Statement 43-16 Physician Behaviour in the 
Professional Environment, and in Social Media – Appropriate Use by Physicians which 
set the following expectations, among other things:   
 
   -  Physicians are expected to act in a respectful, courteous and civil manner 
      towards their patients, colleagues and others involved in the provision of 
      health care. Doing so fosters an atmosphere of trust, shared 
      accountability and collaboration. Behaviour that is unprofessional and or 
      disruptive undermines medical professionalism and the trust of the public;  
   -  Physicians are expected to uphold the standards of medical 
      professionalism, conduct themselves in a professional manner.  
                                      8 

      Physicians are expected not to engage in disruptive behaviours because 
      they undermine professionalism as well as a culture of safety;  
   -  Exercise caution when posting information online that relates to an actual 
      patient. Bear in mind that an unnamed patient may still be identified 
      through a range of other information, such as their clinical condition or 
      area of residence; and,  
   -  Protect the reputation of the profession and the public trust by not posting 
      content that could be viewed as unprofessional. 
       
PART II  -  ADMISSION 
 
Dr. Waddell admits the facts specified above, and admits that, based on these facts, he 
engaged in professional misconduct, in that:  
 
      (a) He engaged in an act or omission relevant to the practise of medicine that, 
         having regard to all the circumstances, would reasonably be regarded by 
         members as disgraceful, dishonourable or unprofessional, under paragraph 
         1(1)33 of O. Reg. 856/93, made under the Medicine Act, 1991 (“O/Reg. 
         856/93”); and 
      (b) He engaged in conduct unbecoming a physician. 
 
DISPOSITION 
 
The Committee accepted the parties’ joint submission on penalty and costs. 
 
On January 27, 2020, the Discipline Committee ordered that:  
 
- Dr. Waddell attend before the panel to be reprimanded. 
 
- The Registrar suspend Dr. Waddell’s certificate of registration for three (3) months, 
commencing from January 28, 2020 at 12:01 a.m. 
 
- The Registrar place the following terms, conditions and limitations on Dr. Waddell’s 
certificate of registration, effective immediately: 
       
         (i) Dr. Waddell shall comply with the College Policy “Closing a Medical 
            Practice;” 
         (ii) Dr. Waddell will participate in and successfully complete, within six (6) 
            months of the date of this Order, individualized instruction in 
            professionalism and communications satisfactory to the College, with an 
            instructor approved by the College, who shall provide a summative report 
            to the College including his/her conclusion about whether Dr. Waddell 
            successfully completed the instruction. 
                                       9 

          (iii) Dr. Waddell shall be solely responsible for payment of all fees, costs, 
             charges, expenses, etc., arising from the implementation of any of the 
             terms of this Order.  
              
 - Dr. Waddell pay costs to the College in the amount of $10,370.00 within 30 days of the 
 date of this Order. 
 
At the conclusion of the hearing, Dr. Waddell waived his right to an appeal under 
subsection 70(1) of the Code and the Committee administered the public reprimand.


Decision: Download Full Decision (PDF)
Hearing Date(s): January 27, 2020