Chiropractor under police investigation over allegations of voyeurism
Officers seize 5 cameras disguised as sprinkler heads
A Winnipeg chiropractor is under police investigation after hidden cameras were found in treatment rooms, capturing one woman's bare breasts on video, say search warrant documents obtained by CBC News.
Winnipeg police searched Robert Stitt's Portage Avenue office in January over allegations of voyeurism, after the Manitoba Chiropractors Association alerted authorities to the concealed cameras, say applications filed in court.
"The victim(s) are believed to all be past or present clients … who were captured in various stages of undress by hidden cameras" in chiropractor Dr. Robert Stitt's office, the documents say.
Police seized five fake sprinkler heads that concealed cameras plus a recording device in a suspended ceiling at the Natural Wellness Chiropractic Centre in January, the search warrant documents say.
On Tuesday, holes were still visible in the treatment room ceilings of Stitt's now-vacant office. There is no sprinkler system in the building.
Former Ontario privacy commissioner Ann Cavoukian said patients in any medical setting expect privacy when being treated, unless patients consent in writing.
"I would be outraged, as would most people, to know that there was a camera actually on while I'm being treated and I'm not aware of it, and my consent has not been obtained — no transparency, no consent, no privacy," said Cavoukian, who served as Ontario's privacy commissioner for three terms.
The Manitoba Chiropractors Association, which regulates chiropractors, got involved after receiving a complaint of inappropriate touching from a female patient, says an affidavit filed by Winnipeg police Const. Phillip Cole.
During a phone call, Stitt told Dr. Gerald Chartier, the MCA investigator, that he had a video recording of his interaction with the patient that would exonerate him of any wrongdoing, the affidavit says.
Chartier went to Stitt's office to speak with him and reinstate his licence, it says.
Typical practice is to suspend a chiropractor's licence for seven days while the association looks into the allegations, the document says.
Breasts exposed on tape: affidavit
When browsing the video files for the recording of the patient who complained about inappropriate touching, Chartier observed up to three different women disrobing, including one who was facing the camera with her breasts exposed, the affidavit says.
Stitt, who was interviewed by Chartier, told him that he had not sought permission from patients to video record them but later said he obtained verbal permission, according to the search warrant documents.
There was no signage alerting patients that they were being video recorded, the court documents say.
Chartier observed numerous cameras set up in the treatment rooms, the affidavit says.
"This in itself is not illegal or against practice but the clients would have to have knowledge and/or signage to advise that cameras were present."
The court document says "one of the females was facing the camera with her breasts exposed. In these videos it appeared that the unknown females had no idea that they had been filmed."
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Stitt told Chartier the cameras were "for his own protection," something Cavoukian finds outrageous.
"You are performing very sensitive procedures on your patients. You shouldn't be worried about needing any caretaking. You should be concerned about the caretaking of your patients and having them on video is the exact opposite. It flies in the face of any kind of medical care and treatment that patients would expect," said Cavoukian.
The association wouldn't say whether Stitt is still licensed to practise because the Chiropractors Act requires regulatory matters to remain confidential. On Nov. 22, it warned its members in a "notice to the profession" not to talk to media about a criminal investigation into a chiropractor after CBC News asked questions about Stitt.
Harry Cayton, who is an international advisor on professional regulation, was surprised that chiropractors, who he says are among "high-risk professions," are not covered under Manitoba's Regulated Health Professions Act.
Physicians, registered nurses and numerous other professions fall under the act, which requires that disciplinary decisions be made public.
"Chiropractors tend to work alone. They tend to work with a patient who is only partially dressed," Cayton said in an interview from London, England.
Chiropractors on average have a higher risk of sexual boundary violations or inappropriate touching than some other professions, he said.
"Transparency is a great antiseptic," Cayton said, but as it stands, Manitoba's Chiropractic Act forbids making any disciplinary finding public — there is a strict confidentiality clause on all regulatory matters.
Because of this confidentiality provision, the Manitoba Chiropractors Association refused to disclose whether their investigation resulted in any findings against Stitt and whether or not he still has his licence to practice.
What's more, the MCA is an association that represents chiropractors' interests while also being in charge of regulating them, which Cayton calls a conflict of interest.
"An association exists to benefit its members. A regulator exists to benefit the public," Cayton said.
Cayton noted another conflict of interest in this specific case: The investigator, Dr. Gerald Chartier, is also the president of the chiropractors association board of directors.
"In modern regulation, the investigation is separated from the board, because the board has a financial interest in the organization, and therefore they have a conflict of interest in investigations, because investigations are expensive," Cayton said.
The chiropractors association said in a statement that it takes all complaints and regulatory obligations very seriously, with public safety at the core of its mandate and decision-making.
WATCH | Winnipeg chiropractor under police investigation over allegations of voyeurism:
Health Minister Uzoma Asagwara was not aware of the allegations against Stitt until CBC News made inquiries to their office.
"It's always so disheartening and concerning when we hear of incidents like this," Asagwara said in an interview with CBC News.
"No patient, no woman accessing health care should ever have her safety compromised."
Asagwara said they are working with the government's legal teams and experts in order to take "swift action" to ensure that there's more transparency.
Additional actions may be taken before chiropractors get covered under the Regulated Health Professions Act, the minister said, without specifying what they would be.
The allegations against Stitt "made very clear for us that there are some steps that we need to look at taking immediately while the work of these folks being brought under the act is underway," Asagwara said.
The Health Department is in charge of transitioning medical professionals to the Regulated Health Professions Act.
The act requires findings of disciplinary proceedings be made public, including the nature of what happened and sanctions, such as the suspension or revocation of the professional's licence.
Manitoba Health covers a maximum of seven chiropractor visits per calendar year, the department's website said.
In the past five years, the Health Department spent $28 million on chiropractic care.
The chiropractors association removed Dr. Stitt from its listing of chiropractors after CBC asked why he was still listed, calling it an oversight. The listing of names and addresses of chiropractors posted publicly on the association's website is different from the register, which is kept confidential.
"We can confirm that as soon as the MCA became aware of the allegations immediate steps to ensure public safety were taken," MCA executive director Dana Forster wrote in a separate email.
Stitt still has a LinkedIn page that indicates he is open to work as a chiropractor, chiropractor assistant or clinic manager in either Winnipeg or Singapore.
In a written statement, Winnipeg police said their sex crimes unit continues to work on this case.
No charges have been laid in the matter. Stitt is considered innocent until found guilty in a court of law.
Stitt did not respond to CBC's request for an interview.
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