An Ottawa doctor has identified herself as the target of alleged harassment and intimidation that resulted in police charging a man under a new law meant to shield health-care workers from intimidation.
Dr. Nili Kaplan-Myrth, an outspoken family doctor who’s running to be a trustee with the Ottawa-Carleton District School Board, said she and her staff have been subjected to hateful calls, emails and even in-person visits during the pandemic.
But she said it was two phone messages left following a TV interview in early September that led to the charges.
“I won’t allow people to threaten and intimidate and think they can get away with it. They can’t,” she said.
Ottawa police announced Thursday they’re searching for 58-year-old Louis Mertzelos, who has been charged with hate-motivated crimes after an investigation into ”multiple threats made by phone targeting a person working in the health-care field.”
It’s very aggressive and it’s very anti-Semitic and it’s misogynist.– Dr. Nili Kaplan-Myrth
The alleged offences include harassing communication, harassment by repeated communication, and mischief and intimidation of a health service. A warrant has been issued for his arrest.
Police declined to share the name of the victim, but Kaplan-Myrth said it was her, adding she’s been in contact with the service throughout the process and they informed her Thursday morning about their intention to issue a press release. She has also posted about the charges on social media.
The doctor shared transcripts of the messages left on her office answering machine with CBC.
In one, the caller describes Kaplan-Myrth as “unhinged” and twice refers to her using a racial slur aimed at Jewish people.
“It’s very aggressive and it’s very anti-Semitic and it’s misogynist,” she said.
“This isn’t somebody who is disagreeing with public health policy, this is a person who is looking to try to make me feel scared.”
No reported decisions under new law
Kaplan-Myrth said she’s reported harassment to police before, including a death threat, but this time investigators were able to track down a suspect because he didn’t make any attempt to hide his phone number and the office had recordings of the messages.
The truly frightening thing is that it feels like we have normalized this type of vitriol.– Dr. Nili Kaplan-Myrth
“For somebody to phone and not even try to block their number is to just say ‘Yeah, I don’t care. Here I am, come and get me,’ as though there are going to be no consequences,” she said.
The Liberal government introduced legislation in November 2021 that made it illegal to intimidate or obstruct health-care workers in delivering care as a way to protect patients and health-care workers from abuse.
It only came into force in January of this year, according to criminal defence lawyer Michelle Johal, who said she wasn’t able to find any reported decisions interpreting the charge.
“This is a new amendment to the criminal code, so if there were a conviction … it would be, I suppose a precedent,” she said.
Florian Martin-Bariteau, an assistant professor of law and technology at the University of Ottawa, said he’s not aware of any convictions.
“I would expect law enforcement and parties to heavily advertise [that],” he said.
Doctor says vitriol has been normalized
Two people were charged with intimidation of a health service worker following a protest outside the home of the Peterborough area’s medical officer of health. However, court staff told CBC those charges have since been withdrawn.
Two people were charged in March with the intimidation offence in Dartmouth, N.S., provincial court after being accused of organizing a protest at the home of Nova Scotia’s chief medical officer of health. Those charges remain pending, court staff said.
The Department of Justice says it doesn’t collect data on the number of charges related to the new amendment.
“I do anticipate that protesters may take issue with these provisions,” Johal said. “But the reality is that the right to protest peacefully does not extend to intimidation or any conduct with the intent to provoke a state of fear.”
Dr. Alika Lafontaine, the president of the Canadian Medical Association, said that the new law may encourage more doctors to speak out.
But he said, “[The] frequency and intensity of situations that probably rise to the level of this legislation being used as a tool are probably much higher than those that actually get reported.
“We’re going to work hard to make sure that we get a more even ratio.”
Kaplan-Myrth said she feels her case is “clear cut” and she doesn’t believe it will be dropped, but noted once she’d submitted her complaint the situation was in the hands of police and the courts.
“The truly frightening thing is that it feels like we have normalized this type of vitriol,” she said.
“We can’t go around cowering to these kinds of bullies and I just won’t abide it.”