There is no question that the staff at AARC are breaking the law every day when they provide their particular brand of "treatment".
This is the regulation and the proscribed penalties. The only thing standing between the AARC staff and criminal prosecution is the statute of limitations in this legislation, which prohibits prosecution two years after the date of the offence:
"Restricted activities
2(1) The following, carried out in relation to or as part of providing a health service, are restricted activities:
(p) to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs
(i) judgment,
(ii) behaviour,
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life;
Offence
4(1) No person shall perform a restricted activity or a portion of it on or for another person unless
(a) the person performing it
(i) is a regulated member as defined in the Health Professions Act, and is authorized to perform it by the regulations under the Health Professions Act,
(ii) is authorized to perform it by a regulation under section 3,
(ii.1) is authorized to perform it by an order under section 3.1, or
(iii) is authorized to perform it by another enactment,
or
(b) the person performing it
(i) has the consent of, and is being supervised by, a regulated member described in clause (a)(i), and
(ii) is permitted to perform the restricted activity under a regulation made under section 131(1)(d)(i) of the Health Professions Act by the council of the college of the regulated member referred to in subclause (i),
and there are regulations made under section 131(1)(d)(ii) of the Health Professions Act by the council of the college of that regulated member respecting how regulated members must supervise persons who provide restricted activities under this clause.
(2) Despite subsection (1), if no person who is authorized under subsection (1) is available to perform the restricted activity or a portion of it, a person may without expectation or hope of compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency.
(3) No person, other than a person authorized to perform a restricted activity under subsection (1)(a), shall or shall purport to consent to, provide supervision of and control of, another person performing the restricted activity or a portion of a restricted activity.
(4) No person shall require another person to perform a restricted activity or a portion of a restricted activity if that other person is not authorized in accordance with subsection (1) to perform it.
Penalty
5(1) A person who contravenes section 4 is guilty of an offence and liable
(a) for a first offence, to a fine of not more than $5000,
(b) for a 2nd offence, to a fine of not more than $10 000, and
(c) for a 3rd and every subsequent offence, to a fine of not more than $25 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.
(2) A prosecution for an offence under this Schedule may not be commenced more than 2 years after the date on which the alleged offence occurs.
Burden of proof
6 In a prosecution under this Schedule, the burden of proving that a person was authorized to perform a restricted activity by section 4(1) is on the accused."
http://www.qp.alberta.ca/574.cfm?page=g ... 0779739479The trick here is to file a prosecution against a staff member and naming a current AARC client as being subjected to the Activity named in Section 2 Subsection (1)(p)
