'Not a gallant hero': Manitoba pharmacy regulator defends decision to cancel Canada Drugs founder's licence

The College of Pharmacists of Manitoba is defending its decision to pull the practising licence of a Canadian internet pharmacy pioneer.

The college cancelled Kris Thorkelson's licence on Dec. 6., 2019, which means he is no longer able to practise pharmacy in Manitoba.

Thorkelson founded the online pharmacy Canada Drugs in 2001. He and several of his companies, including Canada Drugs, were charged in 2014 with selling and importing $78 million US worth of unapproved, mislabelled and — in two cases — counterfeit cancer drugs to doctors across the United States. Thorkelson's lawyers later arranged a plea deal.

In documents filed late last month, he asked the Manitoba Court of Queen's Bench to direct the college to reinstate his pharmacy licence.

In court documents filed Jan. 3, 2020, the lawyer for the College of Pharmacists of Manitoba, Joseph Pollock, noted the regulatory and licensing body was created to govern its members and protect the public.

"The mandate was of paramount importance to council when it directed the registrar to cancel Thorkelson's licence," court documents say.

If convicted of the original charges, Thorkelson would have faced up to 45 years in prison, plus fines.

However, his lawyers negotiated a plea deal, which was approved in a U.S. court in 2018. He was sentenced to 60 months of probation, with the first six months under home detention, and paid a $250,000 US fine.

His companies were each sentenced to fines of $5 million, forfeited $29 million and are serving a five-year probation.

'Did what he needed to do to protect himself': college

The December court filings asking for his licence to be reinstated argue that "the manner in which the college, council and registrar and/or acting registrar of the college have pursued Mr. Thorkelson since Dec. 14, 2017, constitutes an abuse of process."

In its lengthy response, the college reviews the court case against Thorkelson and Canada Drugs, as well as the plea deal.

"Throughout his affidavit, Thorkelson appears to play the role of the gallant hero by telling us that the 'buck had to stop with me,'" the college says in court documents.

"In other words, he unselfishly took on all responsibility, while at the same time excoriating and demonizing anyone and any organization who opposes his illegal activities or those of the companies he controls.… 

"Is Thorkelson sincere when he says that the 'buck had to stop with me?' The college respectfully says that he is not," the documents say.

"The reality is that Thorkelson is not a gallant hero. While it is true that at the end of the day, the buck had to stop with him, he did what he needed to do to protect himself and avoid a very lengthy prison term."

The college also disagrees that losing his licence will be a financial hardship for Thorkelson.

"He has provided no evidence that his own behind-the-counter services as a pharmacist contributed to the making of those millions of dollars, that he earned any money working directly as a pharmacist, or that he will suffer any financial hardship by virtue of the loss of his licence," Pollock wrote.

He noted that Thorkelson only dispensed one prescription between December 2017 and November 2019.

The matter is back in court Jan. 9. The college wants court to adjourn the case so Pollock can cross-examine Thorkelson.

Ultimately, it is asking for Thorkelson's application and appeal to be dismissed, with costs.

Neither lawyer could be reached for comment.