Suspended acupuncturist will be arrested if she doesn't attend next court hearing, judge says
Justice Glen Noel grants order to shut down business if Xiao Hong Liu practises acupuncture again
A judge in St. John's has reached the end of his patience with an acupuncturist who has shown a "repeated and continual defiance" of court orders.
Justice Glen Noel issued a stern warning on Thursday in the Supreme Court of Newfoundland and Labrador after Xiao Hong Liu failed to show up for her fourth consecutive hearing.
Noel granted an order finding her in contempt of court for a second time, and scheduled another court date for Sept. 26. If she doesn't appear then, officers of the high sheriff will locate and arrest her.
"This is a very and absolute last resort I did not want to take," Noel said, noting she had made a "sham" of the court process.
Liu — who runs the Chinese Therapy Centre in St. John's — was brought before the province's acupuncture regulator in 2019 when someone filed a complaint about the cleanliness of her offices.
When she refused to take part in the disciplinary process, her licence was suspended by the regulator. When she continued to practise without a licence, the regulator secured a court-ordered injunction. When she still failed to stop practising, Noel found her in contempt of court and had her supplies seized last month.
A CBC News investigation last week found Liu was still practising, and offered to needle a CBC producer who went in with a hidden camera. She also told the producer she was licensed to do acupuncture.
Judge grants order to shut down business
As part of the decision on Thursday, Noel gave the regulator — the Newfoundland and Labrador Council of Health Professionals — the right to have her business shut down and locks put on the doors.
It appears the landlord beat them to the punch, however, as there was a sign on the door Thursday morning saying the Chinese Therapy Centre had moved to a new location. It did not specify where. Emails presented in court suggest the landlord evicted the business Monday when they became aware of previous court orders.
If the regulator finds evidence she is practising elsewhere, Noel granted them the ability to contact the sheriffs to confiscate any materials related to acupuncture, and have the locks changed on the doors.
Ryan Belbin, the lawyer for the NLCHP, said a member of his office called the Chinese Therapy Centre last week and spoke with Liu while posing as a potential patient. Belbin said Liu told the man they were leaving their location on Monday, but said, "Of course, yes," when asked if she was going to still be performing acupuncture.
Liu also told the CBC producer that she was leaving the building on Monday, due to "harassment" from the court.
Regulator seeking jail time if 3rd order is necessary
If Liu continues to practise, Belbin said, his submissions at the next court appearance will be much more serious.
"At that point, our hands will be tied and we will be asking for a term of imprisonment," he said.
When a contempt order is issued, provincial legislation allows a judge to "take the person into custody and to hold the person if required by the order."
Noel said he considered making the order on Thursday, but felt it was "too dramatic" at this time.
While Liu has never appeared in court, her husband did make one appearance and explained the couple has an adult child with disabilities. Noel said he had to take that under consideration but needs to hear from Liu herself about her situation and why she refused to comply.
Liu sending bad message, judge says
While the regulator had an obligation to take action with regards to acupuncture, Noel said, he felt the court had a bigger responsibility — to send a message to everyone on court conditions.
"If the respondent is permitted to defy court orders without consequences, the public will lose all confidence in the court's ability to enforce its own rules," he said.
"Others subject to court orders may question why they have to comply and follow suit if the respondent can get away with wanton and flagrant disregard of a contempt order. I will not permit the respondent to make a sham of the regulator or the court and cause the public to lack confidence."
If Liu does not appear at 10 a.m. on Sept. 26, sheriffs will be sent to her address to arrest her and bring her to court.