Maison Jacynthe will be entitled to a new trial

Maison Jacynthe will be entitled to a new trial

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Convicted of practicing medicine illegally, actress Jacynthe René's business will have a new trial, a Superior Court judge has ruled. 

“The decision is quashed and sent back to the Court of Quebec. The court annuls the judgments and orders a new trial”, can we read in the recent decision of judge Alexander Pless.

Heavy fine

In May 2021, Maison Jacynthe was fined $19,000 for “acting in such a way as to give rise to the belief that she was licensed to practice medicine”, due to two videos on the ”  detox » published on Facebook in 2018.

We then saw the actress Jacynthe René, accompanied by a naturopath, talking about health problems in medical language and “detox”. They then suggested colon irrigation as a treatment.

“It is to make a diagnosis, judge Nathalie Duschesneau had ruled. The assertive and assertive tone could imply that he has authority to suggest a treatment. 

Semantics

Following the conviction, Jacynthe René appealed the case, demanding a new trial. She then criticized the judge for having made a series of errors, in particular by relying on only two videos while Maison Jacynthe lists more than 450 on its website.

Moreover, in a videos in dispute, the actress would affirm five times that she is not a doctor. 

But it was ultimately a small detail that allowed him to win his case.

The laws are strict and every word counts. Thus, in her decision, the trial judge used interchangeably the terms “give cause to believe”. and “likely to suggest”. 

However, the nuance between the two terms should have been taken into account, because at the legal level, the difference is important.

” The judge used the two standards interchangeably, without noting the different wording of the legislator “, can we read in the appeal decision.

That was enough to have the judgment set aside due to an error of law.

The College of Physicians has, however, appealed this decision.

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