Court ruling cancels suspension of Alberta chiropractor accused of sexual assault

An Edmonton chiropractor accused of sexually assaulting multiple women will be allowed to resume seeing patients after a judge ruled the process leading to his professional suspension was procedurally unfair.

Bradley Basaraba was charged with sexual assault in May 2024, after a woman reported that he touched her inappropriately during treatment at his downtown clinic. His practise was subsequently put under mandatory supervision conditions.

When the Edmonton Police Service issued a public notice about the allegations in November 2024, eight more women came forward, with one alleging misconduct that dates back as far as 2008. The most recent alleged incident is from April 2024, according to court information.

An EPS spokesperson said Wednesday that police have since identified five more complainants, all of whom are former patients. But court records show 12 counts of sexual assault, in total, against 60-year-old Basaraba.

By late 2024, the College of Chiropractors of Alberta (CCOA) was seeking an interim suspension of Basaraba's practice permit, alleging that he had violated his supervision conditions imposed several months earlier.

The independent committee responsible for disciplinary hearings against chiropractors in Alberta granted the suspension on Dec. 20, 2024, finding the move was "warranted to address the risk to the public."

Basaraba applied for a judicial review of the decision, saying he was suspended without being given details about how he allegedly broke his supervision rules. 

Justice Nathan Whitling agreed, setting aside the suspension.

"I conclude that the applicant was denied procedural fairness, since the allegation that he breached the supervision condition was devoid of every detail that would have allowed him to prepare an intelligent response," Whitling said in his decision.

In a statement, a CCOA spokesperson said the regulator is "acting quickly to apply additional public protection measures," which may include a new application for an interim suspension of Basaraba's practice permit.

According to the CCOA, Basaraba is currently required to be directly supervised in person by another regulated health professional to provide treatment in Alberta. He also has to inform patients about his supervision conditions and the fact that he's under investigation by the regulator for unprofessional conduct.

Criminal case still underway

Ahead of a hearing on the CCOA's suspension request, the regulator's CEO had said only that Basaraba wasn't "consistently adhering" to his supervision requirements, and gave an example that one of his supervisors said there was an incident where he was alone with a patient in a treatment room.

Whitling said this allegation could relate to any patient contact over several months when he was under supervision, and without more information, there's no way for Basaraba to answer to the allegations beyond a "bare denial."

The judge acknowledged the regulator's concerns about protecting the public, given the criminal charges against Basaraba, but said that wasn't a justification for the "vagueness" in this case.

Lawyer James Kitchen, who represented Basaraba in his civil application, said he's pleased with the outcome.

"You have rights — that's how this whole thing is supposed to work," Kitchen said in an interview.

"It's a fundamental right to know the case against you and to be able to provide a defence. ... That's why I brought it to the court, and I'm glad to see the court correct that."

Kitchen is not handling Basaraba's criminal case.

He's scheduled to appear in court on Thursday.