r^% IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.8 • 1.25 1.4 |||||i^ 1 ■ ■ < 6" ► V] «^\.'^ > '^' Hiotographic Sciences Corporation 23 WiST MAIN STREET WEBSTER, N.Y. MSEO (716)S72-4S03 ^J% CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notaa/Notas tachniquaa at bibliographiquas Tha Instituta hai anamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha reproduction, or which may significantly changa tha usual method of filming, are checked below. r^l Coloured cowers/ 1^1 Couverture de couleur rn Covers damaged/ D D D D D n n Couverture endommagie Covers restored and/or laminated/ Couverture restaur^ et/ou pelliculie □ Cover title missing/ La titre de couverture manque l~n Coloured meps/ Cartes gAographiquas en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured platea and/or iliuatrationa/ Planchaa et/ou illustrations en couleur Bound with other material/ Reli* avec d'autrea documents Tight binding may cauae shadows or distortion along interior margin/ La re liure serrie peut causer de I'ombre ou de la distorslon le long do la marge intirieur* Blank leaves added during restoration may appeer within the text. Whenever possible, these have been omitted from filming/ II se peut que certainee pages blanchee ajoutiee lore d'une restauration apperaissent dana le texte. mais, lorsque cela Atait possible, cea pages n'ont pas At* filmAaa. Additional comments:/ Commentaires supplimentairaa; L'Inatltut a microfilm* le meilleur exemplaire qu'il lui e it* possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliogrsphique. qui peuvent modifier une image reproduite, ou qui peuvent exiger una modification dana la mAthoda normale de filmage sont indiquis ci-dessous. r~~\ Coloured pages/ Pagea de couleur Pagea damaged/ Pages endommagAea □ Pages restored and/or laminated/ Pages restaurias et/ou pelliculAes rrv^agea discoloured, stained or foxed/ \jl1 Pages dAcolorAes, tachetAes ou piquAes □Pagee detached/ Pages dAtachAes r~L'^owthrough/ Li^ Tranaparence □ Quality of print variea/ Qualiti inigale de I'impression □ Includes supplementary material/ Comprend du material supplAmentaire □ Only edition available/ Seule Mition disponible D Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to enaura th«i beat possible imege/ Lee peges totalement ou partiellement obacurcias par yn feuillet d'errata. une pelure, etc.. ont ttt filmies i nouveau de fa^on i obtonir la meilleure image possible. i^is item is filmed at the reduction ratio checked below/ Ce document est filmi au taux de reduction indiqu* ci'deaaoua. 10X 14X laX 22X 2iX 30X 7 12X 1«X 20X 24X 28X ] 32X ils lu lifier ne age Bta ilurs, i 3 2X Th« copy fllmad hwm has b—t% raproduead thanks to tha ganarosity of: Archives of Ontario Toroirto Tha imagas appaaring hara ara tha baat quality poaaibia conaidaring tha condition and lagibiiity of tha original copy and in Icaaping with tha filming contract spacificationa. Original eopiaa in printad papar covara ara filmad baginning with tha front covar and anding on tha laat paga with a printad or illuatratad impraa- flion, or tha baeic covar whan appropriata. All othar original eopiaa ara filmad baginning 9n tha first paga with a printad or illuatratad impraa* aion. and anding on tha laat paga with a printad or lllustratad imprasaion. Tha laat racordad frama on aach microficha shall contain tha symbol —^(moaning "CON- T1NUE0"). or tha symbol V (maaning "END"), whichavar appiiaa. Mapa. platas, charts, ate., may ba filmad at diffarant reduction ratioa. Thoao too iarga to ba antiraly ineiudad in ona axpoaura ara filmad baginning in tha uppar iaft hand comsf , iaft to right and top to bottom, aa many framaa aa required. The following diagrama illustrate tha method: 1 2 3 L'sxemplaira fllmA fut raproduit grice k la ginirosit* de: Archives of Ontario Toronto Lea images suivantea ont 4ti reproduites avee le plus grand soin. compta tenu de la condition at da la nattet* de I'exemplaira fllmA. et en eonformit* avee lea conditiona du contrat de filmage. Lee exemplairee origlneux dont la eouvarture en paplar eat imprim^a sont filmis en commen^nt par la premier plat et en terminant soit par la damiAre paga qui comporta une empreinte dimpreesion ou dlilustration, soit par le second plat, salon la oas. Tous lee sutres exemplairee origlneux sont fiimte en commenpant par la pramiire paga qui comporta une empreinte dimpreaalon ou d'llluatration et en terminant par la dami4ra paga qui comporta una telle empreinte. Un dee symbolee suivants apparaltra sur la demMre image de cheque microfiche, selon le caa: la symbola -^ signifie "A SUIVRE". le aymbola V signifie "FIN". Lea cartae. planches, tableaux, etc., peuvent Atre filmAa A dee taux da rMuction diffArents. Lorsque la document est trap grand pour 4tre reproduit en un seui cliche, il est film* i partir da I'angia supAriaur gauche, de gauche i droite. at da haut en baa, en prenent le nombre dimagaa n4cessaire. Las diagrammas suivants lllustrant la m^thoda. 1 2 3 4 5 6 Mitb coinplimcntd it I -n-ii f •^tJl . /lor-^ uUA/ Medical Legislation IN Ontario THE ANNUAL ADDR AT THE MEETING OF THE CANADIAN INSTITUTE OF HOMEOPATHY HAMILTOiy, JUNE 14, 18«a ) • By the Prbsidbnt Ci. T. CAMPBELL, M.D. London, Ont. TORONTO PRINTED BY C. BLACKETT ROBINSON 189a 'Mk.:^; *iaiJtji.lln- ~» • Medical Legislation IN Ontario THE ANNUAL ADDRESS AT THE MEETING OF THE CANADIAN INSTITUTE OF HOMCEOPATHY HAMILTON, JUNE 14, 18^3 By the President Cl. T. CAMPBELL, M.D, London, O.nt. TORONTO PRINTED BY C. BLACKETT ROBINSON 1892 ; .' \ '■W MEDICAL LEGISLATION IN ONTARIO. It has become the recognized duty of the President of the Canadian Institute of Homoeopathy, at each annual meeting, to give an address, in which he shall bring before you such matters of interest to the profession, or of importance to our school, as the record of the year may have developed. So far as we are concerned, the past year has been uneventful ; and the only matter of special interest which has occupied the attention of our physicians has been the discussion of certain legislation enacted in 1891, and the action of the Medical Council consequent thereon. As my predecessors, for some years past, have not called your attention to any such, subject, 1 have thought that it might be of interest, and possibly not unprofitable, if I occupied the time at my disposal in giving you a resuinS of the legislation affecting the profession in Ontario, with, of course, special reference to its bearing on ourselves. But, before entering upon that subject, it is only proper that I should take the earliest possible opportunity of referring to the loss this Institute, and the profession, has sustained during the past year in the death of two of our most esteemed members, both of whom have taken an active part in the work of the Institute, and both of whom were connected with the government of the profession and of the Homoeopathic School in Ontario — Dr. Wm. Springer, of Woodstock, and Dr. W. H. Oliphant, of Toronto. Dr. Springer was one of our oldest practitioners, having graduated at the Cleveland Homoeopathic College in 1856. He first practised in Hamilton, near which city he was born ; but his high professional reputation was gained in Ingersoll, where he was for twenty years the most popular and successful of physicians. In 1881 he removed to Woodstock. During the last three years of his life he was incapaci- tated for work from the effects of a cerebral hemorrhage ; and died on the 2nd April, 1892, at the age of sixty-two. He served for several years on the old Homoeopathic Board of Examiners ; and was one of our first representatives in the Medical Council. Dr. Oliphant was one of the younger generation, and was born in New Orleans, Louisiana, Dec. 21st, 1858. He came to Toronto with his father, our esteemed colleague. Dr. D. S. Oliphant, in 1864. He graduated with honors in Toronto School of Medicine ; then went to Dublin, where he took the degree of M.B. (Class A), and registered 4 MEDICAL I.KGISLATION IN ONTARIO. in Ontario in 1884. During the few years of life allotted to him he succeeded in obtaining a large practice in Toronto, where he died — a martyr to professional work — on the nth February, 1892. He had served our Institute zealously, both as a private member and an officer ; and at the last general election for the Medical Council he was chosen one of our representatives. Dr. Springer died after many years of active work ; Dr. Oliphant passed away in the bloom of his young life, while a brilliant future seemed to wait him. Yet both of our lamented colleagues had much in common. Both were men of energy and vigor, thoroughly imbued with a love for their profession. Both were well versed in medical science, and were specially endowed with that common sense which enables a physician to grasp the practical and apply it with the best results. Both were popular and successful in their practice ; and both had the esteem of the profession to a high degree, as was shown in their repeated election to places of honor and responsibility. In their death we and the public have alike suffered serious loss ; they have met no loss, but gain. May the earth rest lightly on them ! In reviewing the history of medicine in this country, we find that, prior to 1815, there was no legislation specially affecting the medical profession in what is now known by the name of Ontario. The province may be said to have been first opened for settlement with the arrival of some 10,000 U. E. Loyalists in 1784, for, previous to that date, it was wholly unoccupied. It was separated from the rest of the British North American possessions, and declared a distinct province, under the name of Upper Canada, on December 26th, 1791, with Col. Simcoe as its first Lieutenant-Governor. He called his parliament to meet for the first time in the little village of Newark, on the Niagara River, September 17th, 1792, and among its first Acts was one formally introducing and establishing English law in the province. In the absence of special legislation, the profession would be governed by the laws of the mother country ; and so, for the following twenty-four years, the only persons legally qualified to practise medicine in this province were those duly licensed by English authority. As a matter of fact, I believe, the practising physicians of that period were mainly of this class — a large proportion being army and navy surgeons. And as the population was scattered over the province, and the profession not over-crowded, the presence of those who were not English licentiates was no grievance to anyone, and in many cases a great convenience to the public. As the country became better settled, however, it was deemed advisable to take some legislative action in the matter of ensuring the public qualified medical practitioners. At the close of the American war the population of Upper Canada had reached 95,000, a number sufficiently large to justify some regulation of the medical profession. The first "fhedical Act of which I can find trace was passed on the t4th March, 1815.* It stands on the old statute book, imperfectly 55 Geo. III., Chap. 10. MEDICAL LEGISLATION IN ONTARI{3. 5 printed, and containing clerical errors and oinissi*.ns ; but in substance it is to the following effect : — Alter reciting in the preamble the fact that " many inconveniences have arisen to his Majesty's subjects in this province from unskilful persons practising physic and surgery," it proceeds to enact that " no person who shall, or may have, come into the province since the passing of the above mentioned Act" (/.^., the Constitutional Act of 1791, quoted in the preamble as the authority for passing this Act), " and before the passing of this Act, nor any person who shall or may hereafter come into this province, shall be permitted to prescribe for sick persons, or practise physic, surgery, or midwifery, within the province for profit, until such person or persons shall be duly exam- ined and approved of by a Board of Surgeons, who shall be consti- tuted and appointed as hereinafter mentioned, with full powers to grant licences for the practice of physic, surgery and midwifery, within the province, and has received a license under the hand and seal of the president of the said Board, and countersigned by the clerk of said Board, which clerk the president of said Board shall and may nominate and appoint." The second clause provides for the appointment of this Board by the Governor. It was to consist of the senior medical officer in the army resident in the province ; all regimental and navy surgeons, and all staff surgeons doing duty in the province ; and all other surgeons and practitioners resident within the province, and authorized to practise by some lawfully constituted authority in His Majesty's dominions — the senior medical officer being the president. It was the duty of this Board, " from time to time, and as often as occasion may require, to hear and examine " all applicants ; and if they approved, to grant a license, for which a fee of £1 was payable. Bp.l it was provided that this Act should not apply to any female practising midwifery, nor to any one having taken a degree in any university in His Majesty's Dominions,* nor to any commissioned medical officer in the army or navy, nor to any one who may have practised in the province before the passing of the Constitutional Act of 1 79 1 — all of which parties were free to practise without any license. With these exceptions, no one could practise without the authority of this Board, under a penalty of ;^ioo. A few years' experience made it evident that this Act was imprac- ticable. The Board was too cumbersome ; possibly there was too much militaryism about it to suit the tastes of the people. At all events, it was found necessary to amend it ; which was done in 1818, 1 The amended Act authorized the Governor-in-Council to appoint a Board of five or more (three to form a quorum), who should examine applicants, and on its certificate, the Governor, being satisfied of the loyalty and good morals of the party, granted a license. The fee was raised to £if 105., of which one pound went to the Government, and the remainder to the Board. The exceptions to the operation of the * Presumably a Degree in Medicine, though the Act does not say so. t 55 Geo. III., Chap. 13. 6 MEDICAL LEGISLATION IN ONTARIO. old Act were continued, with this difference, that the (hitc beyond which tiie law would not be retroactive was brought down from 1791, and fixed at Jan. ist, 1812. For nearly fifty years this Act formed the basis of all medical legislation in Upper Canada, or Canada West. Amended Acts were past in 1827'" and 1H59I, but these simply modified some of the <1etails, and provided for their more effectual enforcement. After the union of the two provinces, provision was made that all practitioners duly licensed in Lower Canada should have equal privileges in this province ; and vice versa. After Canadian medical colleges were established, their graduates were in the same position as graduates of all British Universities, and on presentation of their diploma', they received the license to practise Persons attempting to practise with- out a license were liable to a fine of not more thai $200 ; but prosecu- tions were not very frequent. On one occasion an effort was made to alter the status of the pro- fession, and that was in 1839]:, when a bill was passed to incorporate the then existing Board of Examiners, togetiier with all licensed physicians, as the " College of Physicians and Surgeons of Upper Canada," with general powers to regulate all matters connected with the profession, fixing a curriculum, granting licenses, etc. ; and also to regulate the sale of drugs. This Act, however, was disallowed ; and matters remained as they were before. In the meantime, practitioners of Homeopathy were making their appearance in the province. I believe the first to introduce that system into Upper Canada was my preceptor, the lale Dr. J. J. Lan- caster, of London, who commenced practising 111 1846. Others fol- lowed in due time. Some of these, like the late Dr. D. Campbell, of Toronto, were British graduates, and therefore duly licensed. But others, sucii as Drs. Lancaster, Adams, Greenleaf, Bull, Hall, etc., were graduates of foreign colleges, and could only receive a license through the Provincial Board of Examiners. Owing to professional })rejudices then existing, this was an impossibility ; and, as a conse quence, they were submitted to annoyance and persecution. But the number of their friends and supporters among the laity increased rapidly ; and in 1859 Parliament found a remedy for their grievances by passing a bill entitled " An Ac*^ respecting Homoeopathy," j which placed physicians of that school in a position to become licensed, and to stand on a legal equality with other medical men. By this measure, Drs. Campbell, of Toronto, Lancaster, of Gait. Greenleaf, of Hamilton, Bull, of London, and Hall, of Toronto, were appointed the first members of a Board of Examiners for those who might desire to be licensed as Homoeopathic physicians. The term of office of th^ Board was two years ; three members to retire the first year. The successors to the members first appointed were to be elected by such Homoeopathic physicians as might be present in Toronto, and cast their votes, at the January meeting of the Board • 8 Geo. IV., Chap. 3. I 2 Vic, Chap. 36. t 22 Vic, Chap. 40. § 22 Vic, Chap. 41. i