RE: STC is broken

Subject: RE: STC is broken
From: "Lauren" <lauren -at- writeco -dot- net>
To: "'Keith Hood'" <klhra -at- yahoo -dot- com>, "'McLauchlan, Kevin'" <Kevin -dot- McLauchlan -at- safenet-inc -dot- com>, <richard -dot- melanson -at- us -dot- tel -dot- com>
Date: Tue, 29 Apr 2008 11:49:02 -0700

> From: Keith Hood

> No, I am not writing to castigate you for insulting my
> father's profession. I have no intention of debating
> with you the rightness or wrongness of your
> statements.

Keith,

I don't think that Kevin was insulting doctors as a whole. He did direct
his comments to the Canadian healthcare system and he discussed that anyone
in Canada can have healthcare, but the government and guilds limit the
number of doctors that are available. It sounded to me like Kevin was
describing a small group of people who are trying to monopolize the medical
industry in Canada.

> Are you fully aware of the fact that you are quite
> literally publicly accusing an entire class of
> professionals of engaging in a conspiracy against the
> health and the very lives of their own countrymen?
>
> I admit I am not aware of how Canadian law would
> address such a matter. I am not very knowledgeable of
> the exact nature of American law in such matters
> either, but I do know enough about American law to
> make me feel relatively certain that, had you directed
> your remarks against American doctors, you probably
> would have left yourself wide open to a slander
> lawsuit. I imagine that there are similar
> possibilities under Canadian law.

Actually, a class cannot sue for slander, only individuals can sue. If a
class could sue, then wouldn't lawyers, who certainly know the law, sue
everyone who made slanderous remarks about lawyers as a whole? Also, if it
is true that the numbers of doctors are kept artificially low, as Kevin
stated, then his opinions about that fact are not slanderous because there
is no such thing as a slanderous opinion. A person must present untrue
statements as fact so that somebody else believes them in order for there to
be a case of slander. Opinion does not count.

> I very strongly suggest that, before you make serious
> public accusations against the ethics, morals, and
> actions of every last practitioners in an entire
> professional field, you should amass a huge body of
> corroborating evidence to support the charges you
> make, and have it ready to present to any lawyers who
> may come calling, just in case. If your post ever
> comes to the attention of any Canadian doctors, you
> may need it.

I think that Canada is like America, in that people can have opinions
without suffering legal consequences. Additionally, opinions do not need a
"huge body of corroborating evidence" for support. Kevin is in the Canadian
healthcare system as a recipient of services, so he is a witness who can
offer his views about the system. That is plenty of support for his claims.
Somebody else may have a different view. Conflicting views does not mean
that somebody is wrong, but that the subject-matter is broad enough to
permit multiple views.

> If the doctors in Canada really are the underhanded
<...>
> countrymen for their own economic benefit, then they
<...>
> would have no qualms about using the law

The United States does not have a law or legal cause of action preventing
opinions or even hyperbole.

> Have any opinions you want; I have no argument against
> your way of thinking. But I really, honestly think you
> need to be a little more concerned about not leaving
> yourself open to legal attack.

I doubt that Canada has any legal ramifications for opinions, either.

Lauren

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References:
RE: STC is broken: From: Keith Hood

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