Physicians writing bogus vaccine exemptions are committing fraud, Dr. Bonnie Henry says

In response to reports that fake vaccine exemption certificates are circulating in B.C., Provincial Health Officer Dr. Bonnie Henry said Monday that doctors who write bogus exemptions are committing fraud.

Henry said Monday she has seen several so-called certificates circulating, despite clear provincial guidelines on what qualifies as an exemption.

"We put out guidance for physicians on what constitutes a valid medical exemption and what constitutes fraud, to be frank," she said.

Last week, CBC News reported that a B.C. physician accused of writing phoney mask and vaccine exemptions was being investigated by the College of Physicians and Surgeons of B.C.

Henry said she is working closely with the college but enforcement is up to them.

"The college ... their primary purpose is to protect the public and part of that means ensuring that health-care providers are not posing a danger to those we serve," she said. 

The college said in a statement it has received no formal complaints from B.C. patients about illegitimate COVID-19 vaccine exemption and deferral letters.

As well, it says it has yet to see evidence of the letters, although it admits "it has heard through informal avenues that they may be circulating in the community."  

The B.C. RCMP says it has received no reports of fake COVID-19 medical exemption certificates but agrees that if it were reported, a physician could be investigated for fraud.

Bogus exemptions

Last week, CBC News reported it had obtained a four-page "declaration certificate of medical exemption including psychosocial conditions" that was purportedly signed by Dr. Stephen Malthouse and produced through a service called EnableAir.com. The website appears to be connected to another B.C. doctor, Gwyllyn Goddard.

It warned potential customers to "mentally prepare for the invoice," although the exact cost is unclear.

CBC has confirmed that a copy of the certificate has been provided to investigators at the college.

The college posted a notice in October in response to reports of fraudulent exemption letters circulating in the province. It includes guidance for businesses or employers about how to identify a valid exemption.

There's a short list of acceptable reasons for an exemption or deferral from a COVID-19 vaccine, including a history of anaphylactic reactions to both mRNA vaccines like Pfizer-BioNTech and Moderna, and adenovirus vector vaccines like AstraZeneca.

Deceit for personal gain

In Canadian law, fraud is a criminal deception that is intended to result in the financial or personal gain of the person committing the crime.

Vancouver criminal lawyer David Hopkins says the term fraud was being used loosely by Henry during Monday's press conference. 

"Fraud means more than just a lie," says Hopkins.

"In law, when we talk about fraud, we mean a lie that is told for the purpose of getting something of value."

He says it's unclear whether the vaccine exemptions discussed in the press conference are fabricated with the purpose of personal gain.

As well, he says it can be a tricky charge because prosecutors have to prove intent to deceive.

However, if someone is found guilty, they could face anywhere from six months to 14 years in jail based on the monetary value of the offences.