Isaak Penner, of Winkler Manitoba, Canada was charged by the Manitoba Chiropractors' Association (MCA) with providing chiropractic services without a license.
Mr. Penner told the Morden Provincial Court that what he practised was "trajcht noka," a traditional Mennonite practice of healing which translates as "one who makes things right." Mr. Penner said his goal is to promote healing of the body, and told the court he "inherited" his abilities from his father. "It was in me, I guess," the defendant said. "I like doing that."
Mr. Penner began offering his services four years ago. Mr. Penner applied for and received a business license from the clerk's office in Winkler. Not knowing how to classify his services, the office staff put on his business license, "chiropractor." Mr. Penner had the word chiropractor changed on his license, but not until after the MCA brought charges against him.
Dr. Alan Kolt, a Morden chiropractor, went to Mr. Penner posing as a patient. Dr. Kolt testified that Mr. Penner used the word chiropractic to describe the services he provided.
On February 12, 1991 Dr. Darrel Minuk, president of the MCA announced their prosecution a success when Mr. Penner was convicted of practicing chiropractic without a license. He was fined $200 and $100 plus 12% surcharges under two sections of the Chiropractic Act.
The MCA is a professional organization which was established by the government of Manitoba to protect the interests of the public from unauthorized chiropractic care. "Any person receiving chiropractic care from a licensed chiropractor can be assured that the chiropractor has received the necessary education and training to give proper chiropractic care," Dr. Minuk said.
Dr. Minuk stated that the MCA would pursue any individuals who are posing as chiropractors in the province. Dr. Minuk pointed out that all licensed chiropractors in the province are regulated under the Chiropractic Act, that the association has the power to take away licenses of chiropractors who are found incompetent or guilty of professional misconduct.
Isaak Penner said he will continue to practice.
"We're not trying to close up folk healers," said MCA registrar J.K. Bloomer. "We have no problem as long as they don't try to give the public the impression they're licensed chiropractors."
Judge B.P. MacDonald said: "Certainly one part of the body that no unqualified person should touch is the spine and the pelvis." The court heard evidence that Mr. Penner did none of the routine tests performed by most chiropractors prior to a chiropractic procedure, and that Mr. Penner's practice could pose dangers to an individual.
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