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Shawn Buckley: The Lawyer Behind the Supplement Lobby

He won Truehope's acquittal over EMPowerplus, defended the Truehope founder's son and daughter-in-law after their toddler died of meningitis, wrote the "Charter of Health Freedom," helped draft Bill C-224, and served as lead counsel to the COVID-era National Citizens Inquiry. Here is one man's two-decade fight against Health Canada, and what his record actually shows.

Terry Polevoy, MD, FRCPC · 4 November 2026

Jump to: Ezekiel Stephan: defending the founder’s family · The battle of the pathologists · Why no fatality inquiry?

Editorial cartoon: a lawyer in a barrister's gown outside Parliament juggles three hats labelled Truehope's Defence Counsel, NHPPA President and Author of Bill C-224, with a bottle of EMPowerplus in his briefcase. Caption: Which hat am I wearing today, Mr. Speaker? All of them.
Editorial cartoon by QuackeryWatch. Satire. The labels reflect roles documented on this page; "Author of Bill C-224" refers to the drafting credit given on Truehope's own podcast.

Read this first

Shawn Buckley is a practising lawyer. Defending clients charged by a regulator is what defence lawyers do, and winning an acquittal is a legitimate result in a Canadian court. Nothing on this page suggests professional misconduct. Our interest is different: the same person has been, at once, defence counsel to supplement companies, the lead political advocate for loosening the rules that apply to them, and a public storyteller about those same cases. Readers deserve to see all three roles together.

Disclosure: our own history with Truehope

I am not a neutral observer of Truehope. With my friend and colleague Marvin Ross and former Health Canada investigator Ron Reinhold, I co-wrote Pig Pills, Inc. (2003), the book that grew out of our two-year investigation of the Synergy Group, Truehope and EMPowerplus. That work included the recording of David Gilbert's April 2001 pitch to psychiatric patients and families at St. Joseph's Hospital in Hamilton, and the November 2004 presentation Marvin and I gave to psychiatric residents and staff in London, Ontario. Truehope's supporters answered with a harassment campaign aimed at me personally. All of it is documented on this site, in the Synergy / Truehope section. Readers should weigh what follows knowing that history. Everything about Buckley on this page rests on court records and published reporting, cited below.

Who he is

The products and companies

These are the cases we could document. Where the only source is Buckley's own promotional biography, we say so.

Company / productWhat it was sold forBuckley's roleOutcome
Synergy Group of Canada / Truehope Nutritional Support — EMPowerplus (Alberta) A multi-ingredient vitamin/mineral pill promoted as a treatment for bipolar disorder and other psychiatric illness. It had no drug identification number (DIN). Defence counsel at the March 2006 trial in Alberta Provincial Court (Calgary). Transcripts show him appearing "as counsel for" both companies. Acquitted on 28 July 2006, on the defence of necessity (R. v. Synergy Group of Canada Inc., 2006 ABPC 196). The judge accepted that customers might become ill or die if supply was cut off.
Truehope & David Hardy v. Canada (Federal Court, T-880-03) A Charter challenge to Health Canada's power to seize the 2003 EMPowerplus shipment at the border. Contemporaneous reporting identifies Buckley as Truehope's counsel at the Federal Court. Jason Gratl was counsel on the later Supreme Court leave application. Lost three times. Federal Court, 2010 FC 63 (20 Jan 2010), upholding the seizure power. Federal Court of Appeal, 2011 FCA 114 (22 Mar 2011). Supreme Court of Canada leave dismissed with costs on 20 Oct 2011.
Strauss Herb Company — Strauss Heartdrops (BC) A herbal tincture now marketed for cardiovascular health and lowering blood lipids. Defence counsel, according to Buckley's own published biography. Acquitted of 73 charges, per that biography. We have not located the decision.
"The Nutraceutical Company" (Biomedica) Not stated. Defence counsel, according to the same biography. Charges withdrawn after he filed constitutional challenges to the New Drug Regulations and the seizure power, per that biography. Not independently confirmed.

If you know of other Food and Drugs Act cases in which Buckley acted, published decisions especially, please let us know.

The EMPowerplus story, as he tells it today

EMPowerplus is the case QuackeryWatch knows best. It was the subject of Pig Pills, Inc. (2003), which I co-wrote with Marvin Ross and Ron Reinhold, and of our page on Ezekiel Stephan, the 19-month-old grandson of Truehope founder Anthony Stephan who died of bacterial meningitis in 2012 after being given home remedies and EMPowerplus.

Buckley still tells the EMPowerplus story to new audiences. In an October 2023 article in Druthers, an anti-lockdown newspaper, he described a bipolar patient whose life the product "saved," cast Health Canada as a "demon" that cut off supply, and cited the 2006 necessity acquittal. His byline described him as a lawyer with drug-regulation expertise and NCI lead counsel. It did not mention that he was Truehope's defence lawyer in that very case, nor that the company then lost its Charter challenge at every level up to the Supreme Court.

In his Vitality magazine column he writes that 30 peer-reviewed articles on EMPowerplus showed "profound success" in bipolar disorder and ADHD, and that Health Canada "censors" Truehope from sharing them. He has also appeared on Truehope's own podcast, Truehope Cast, whose episode notes credit him with drafting the private member's bill that became C-224.

Editorial cartoon: a judge in 2006 holds up a scroll reading Not Guilty: Necessity while two Truehope founders cheer with a bottle of EMPowerplus; behind them three doors marked Federal Court, Court of Appeal and Supreme Court are each stamped LOST.
Editorial cartoon by QuackeryWatch. Satire. The 2006 acquittal and the three losses were separate proceedings: the losses came in Truehope's own Charter challenge to Health Canada's seizure power (2010 FC 63; 2011 FCA 114; Supreme Court leave dismissed 2011), not in an appeal of the acquittal.

What the necessity acquittal did and didn't decide

The 2006 judgment found that Truehope had no reasonable legal alternative to continuing sales once customers depended on the product. It did not find that EMPowerplus works for bipolar disorder. Necessity is an excuse for breaking the law in an emergency, not a ruling on efficacy. EMPowerplus has never been authorized in Canada to treat any psychiatric illness, and the Federal Court, Federal Court of Appeal and Supreme Court all rejected Truehope's attack on the seizure power.

Ezekiel Stephan: defending the founder's family (2013–2022)

In March 2012, 19-month-old Ezekiel Stephan died of bacterial meningitis in Alberta. His parents, David and Collet Stephan, had treated him for more than two weeks with home remedies, supplements and an echinacea tincture from a naturopath instead of taking him to a doctor. David worked at Truehope, and his father, Anthony Stephan, co-founded it. Our full investigation covers the case itself.

What our earlier coverage did not spell out is who defended the parents. It was Shawn Buckley, Truehope's long-time lawyer, through almost the entire decade the case spent in the courts.

StageBuckley's roleOutcome
2016 jury trial, LethbridgeDefence counsel for both parents.Both convicted of failing to provide the necessaries of life. The Supreme Court of Canada later ordered a new trial.
2019 retrialCounsel for Collet Stephan. David represented himself.Both acquitted by Justice Robert Clackson on 19 Sept 2019. The written ruling drew widespread criticism, including calls for a racism investigation.
2020 Court of AppealArgued against the Crown's appeal of the acquittals.The Court of Appeal ordered a third trial.
2021–22Spoke for the family; sought Supreme Court leave.The Crown stayed the charges on 22 June 2021, citing deteriorated evidence. The Supreme Court refused to hear the Stephans' appeal in 2022.

What he argued, and what the evidence showed

Buckley's argumentThe evidence
The ambulance, not meningitis, killed Ezekiel. In 2016 he told the jury the boy "did not have an airway for a full eight minutes and 11 seconds." He relied on a former Alberta chief medical examiner who blamed "paramedic misadventure." In 2020 he argued that the lack of child-size equipment in the ambulance caused the death. The autopsy found bacterial meningitis and a lung infection. Several doctors testified the boy was likely already brain-dead from meningitis before the ambulance arrived.
Nobody thought he needed a doctor. He told the 2016 jury that no witness who saw Ezekiel before the 911 call believed he needed medical attention. The jury heard the family was giving the boy fluids with an eyedropper, and that he was too stiff to sit in a car seat on the drive to the naturopath. At the 2019 retrial, a witness testified she had told the mother to take the child to hospital.
The naturopath was lying. In 2016 he suggested Lethbridge naturopath Tracey Tannis was "fabricating" evidence to protect herself. In 2019 he suggested she had changed her story after the boy died. Tannis testified that Collet Stephan's clinic call was about possible meningitis and that she believed the mother had gone to emergency. She also said she had shut down her social media after someone wrote that she and the parents should be killed.
The parents "confessed to a crime that they did not commit" (2019 closing), because their statements to police were unreliable. A jury had found otherwise in 2016. The 2019 acquittal was itself overturned on appeal before the Crown stayed the case.
Editorial cartoon titled Blame the Ambulance: a defence lawyer points at an Alberta ambulance while holding a scroll reading Exhibit A: Paramedic Misadventure; a chart reading Autopsy: Bacterial Meningitis hangs behind him. Caption: The disease? Never heard of it.
Editorial cartoon by QuackeryWatch. Satire. The defence argued that a lack of airway, and later a lack of child-size equipment in the ambulance, caused Ezekiel’s death. The autopsy found bacterial meningitis and a lung infection.
Editorial cartoon titled Cross-Examination: a defence lawyer peers through a magnifying glass labelled Fabricating? at a witness whose nameplate reads The Naturopath Who Said: See a Doctor. Caption: In this courtroom, the one who said see a doctor is the suspect.
Editorial cartoon by QuackeryWatch. Satire. The witness is drawn generically. Her speech bubble paraphrases the testimony; in court she said she believed the mother had gone to emergency, and the defence itself argued she had recommended a doctor.

Outside the courtroom

The battle of the pathologists

The whole defence rested on one question: what killed Ezekiel? Two forensic pathologists gave opposite answers, and Buckley built both of his closing arguments around the one who said it was not meningitis.

Dr. Bamidele Adeagbo (Crown)Dr. Anny Sauvageau (defence)
The medical examiner who performed the autopsy in March 2012. Alberta's chief medical examiner from 2011 to 2014. She hired Adeagbo, but did not perform the autopsy or examine the body.
Cause of death: bacterial meningitis and a lung infection. He testified that the brain tissue showed no sign Ezekiel had been deprived of oxygen. 2016: more likely viral meningitis, which she said she had never seen kill a child. She based this on reading Adeagbo's report and listening to the 911 call, and conceded that neither pathologist was a microbiologist.
2019: the autopsy did find meningitis, but the cause of death was a brain injury from lack of oxygen during the ambulance call.
According to the Crown, had been qualified as an expert witness about 30 times in Alberta, and many times in the US. Her contract as chief medical examiner was not renewed at the end of 2014. She sued the province for $7.6 million for wrongful dismissal, then abandoned the suit in 2022; she received no money in the settlement. Asked about that history in 2016, she said: "I will be neutral and impartial."

Sauvageau's own fight with the government was not one-sided: in 2022 a judge found former justice minister Jonathan Denis in contempt for a letter threatening to sue her for defamation while she was testifying. We note her dispute with Alberta Justice because the defence was asked about it in court, not to suggest it shaped her opinion.

Editorial cartoon titled Shop for an Expert Opinion: a carnival barker wearing a Defence Counsel badge points at a wheel reading Never Saw the Body: It Was the Ambulance!, beside a wheel reading Autopsy: Bacterial Meningitis; a chalkboard reads Pick the opinion that fits our defence! Caption: Step right up, every opinion’s a winner!
Editorial cartoon by QuackeryWatch. Satire. Neither pathologist is depicted. The defence relied on Dr. Sauvageau, who reviewed the autopsy report and the 911 call but did not examine the body.

The retrial: the pathologist on trial

Editorial cartoon titled Lost in Translation: a judge wearing earmuffs labelled Accent Filter misses a speech bubble reading Bacterial meningitis, while a hand from a cloud labelled Court of Appeal brings down a stamp reading Reasonable Apprehension of Bias.
Editorial cartoon by QuackeryWatch. Satire. The caption paraphrases the Court of Appeal of Alberta (2021), which wrote that there is no place for weighing evidence “based on how someone speaks the language of the proceeding.” The Canadian Judicial Council closed its review of the judge in 2023.

A pediatrician's note

To any pediatrician, the clinical picture is not a mystery: a toddler ill for more than two weeks, fed with an eyedropper, too stiff to sit in a car seat, with pus over the brain at autopsy and bacterial meningitis confirmed by the examining pathologist. "Death by ambulance" was an outlier opinion from a pathologist who never saw the body. It was also the opinion that produced the only acquittal, and that acquittal did not survive appeal.

Why was there never a fatality inquiry?

Editorial cartoon titled The Inquiry That Never Came: an empty, cobwebbed courtroom under a plaque reading Public Fatality Inquiry, with calendar pages from 2012 to 2026 flying past and unopened files labelled Parents, Supplements, Naturopath, 911 Call and Ambulance on the bench. A sign on the door reads Waiting for someone to ask.
Editorial cartoon by QuackeryWatch. Satire. Ezekiel Stephan died in March 2012. We found no record that a public fatality inquiry was ever requested, recommended or ordered.

Alberta has no coroner's inquests. Since 1977 its Fatality Inquiries Act has used a public fatality inquiry before a provincial court judge, whose job is to establish the facts and recommend how to prevent similar deaths, not to assign blame. Three rules explain why Ezekiel's death never got one:

  1. It was not a mandatory case. Inquiries are required mainly for deaths in custody, in police use-of-force incidents, and similar situations. A child who dies at home of an infection falls outside that list; an inquiry is discretionary, on the recommendation of the Fatality Review Board or by order of the justice minister.
  2. The criminal case had to finish first. An inquiry cannot begin until all investigations, criminal charges and appeals are complete. The Stephans were charged in 2013, and the case did not end until the Supreme Court refused leave in 2022 — more than ten years after Ezekiel died.
  3. No one asked, as far as we can find. Any interested party may ask the Fatality Review Board in writing to recommend an inquiry. We found no public record of a request, a recommendation, or a ministerial order in this case.

Alberta's own Justice department warned in a 2014 internal review that the Fatality Review Board "often does not recommend inquiries in cases where a public fatality inquiry should have been conducted," and recommended replacing it with expert death-review committees, including one for children. The government did not implement it.

Related: why vaccination rates in Ezekiel’s corner of Alberta are so low, and what the law says — Southern Alberta’s Vaccine Gap.

What Alberta did instead was narrower. After the 2016 conviction, Health Minister Sarah Hoffman ordered a review of naturopathy regulations, noting that the naturopaths' college had been created four months after Ezekiel died. Separately, 43 physicians asked that college to investigate the naturopath the family consulted. Neither looked at the full chain: the parents' choices, the supplement company, the advice they received, the 911 response and the ambulance. Only a public inquiry could have examined all of it in one place, and with no criminal case left, nothing now prevents one from being requested.

Editorial cartoon titled The Paper Trail: a naturopathy college official, a health minister and a judge each read one thin file, Naturopathy College: one practitioner, Health Minister: naturopathy rules, Courts: two parents, while a giant sealed box labelled The Whole Story, topped by a Truehope bottle, sits unopened behind them.
Editorial cartoon by QuackeryWatch. Satire. Each body examined one piece: the naturopaths’ college (one practitioner), the health minister (naturopathy rules), the courts (the parents). No forum ever examined the whole chain.
Editorial cartoon titled Same Lawyer, Different Decade: in 2006 a lawyer shields a bottle of EMPowerplus from a Health Canada inspector; in 2016 the same lawyer shields jars of echinacea, garlic and horseradish from a judge’s gavel. Caption: Consistency is a virtue.
Editorial cartoon by QuackeryWatch. Satire. In 2006 Buckley defended Truehope over EMPowerplus; in 2016 he defended the parents of Ezekiel Stephan, who had been treated with home remedies, including garlic and horseradish, and a naturopath’s echinacea tincture.

The full circle

In 2006, Buckley defended Truehope's right to keep selling an unlicensed pill to people with serious mental illness. In 2016 and after, he defended the Truehope founder's son and daughter-in-law over a child who died while being treated with supplements. Today he leads the lobby to take natural health products out of Health Canada's recall and penalty powers. Each role is lawful, and a defence lawyer is duty-bound to argue his client's case. But when he speaks to MPs about Bill C-224 as a constitutional lawyer and consumer advocate, he rarely mentions any of this. Parliament should hear it.

The legislative campaigns

YearBillBuckley / NHPPA position
2008C-51, Harper government amendments to the Food and Drugs Act (fines up to $5 million)Circulated a 20-page analysis the day after first reading. Supporters credited him as the campaign's leading figure. The bill died when the 2008 election was called.
2008–10C-52 / C-6 / C-36, the Canada Consumer Product Safety ActCalled C-36 a "Trojan horse" for C-51's powers. Testified in the Senate in 2009. The Act passed in December 2010.
2023C-47, the budget bill extending Vanessa's Law to NHPsOpposed. Wrote that it would allow fines of "$5,000,000 a day" and remove most NHPs from the market.
2024C-69, the 2024 budget bill (off-label use)Opposed, saying it gave Health Canada "extraordinary power" over off-label use of drugs and NHPs.
2024–26C-368 → C-224, Blaine Calkins's private member's billsCredited by Truehope Cast with drafting the bill. Testified at the Health Committee in October 2026. Now running the NHPPA's "Last Chance" campaign for report stage. See our Bill C-224 page.
2008–26Charter of Health FreedomHis own draft law, backed by a petition with about 157,000 signatures per the NHPPA, and promoted on an October 2025 cross-Canada VW van tour from Victoria to Ottawa.
Editorial cartoon titled The Ghostwriter: MP Blaine Calkins reads Bill C-224 at a podium in the House of Commons while a lawyer behind a curtain works the pages on puppet strings; a Truehope Cast microphone lies on the floor.
Editorial cartoon by QuackeryWatch. Satire. The "author" credit comes from the guest biography on Truehope's own podcast, Truehope Cast (EP164), which says Buckley drafted the private member's bill.
Editorial cartoon titled The Lobby Tour: a lawyer drives a VW van painted Charter of Health Freedom toward Parliament, trailing tin cans labelled Truehope 2006, Stephan Trials 2016-22 and Bill C-224. Caption: Just a constitutional lawyer passing through.
Editorial cartoon by QuackeryWatch. Satire. The NHPPA drove a VW van from Victoria to Ottawa in October 2025 to promote the Charter of Health Freedom.

The National Citizens Inquiry

From March 2023 to March 2025, Buckley was lead counsel to the NCI. Its supporters describe 36 days of hearings in 12 cities, after which he and his wife Teresa stepped back from their roles. He has described himself as "apolitical," but in a 2024 memo he suggested that directors who wanted to wind the inquiry down were trying to spare an incoming Conservative government "inconvenient" problems. His own NCI testimony in Quebec City (May 2023) was circulated by supporters under the title "Canada's Approval of covid 'Vaccines' is Fraud." Witnesses at the March 2025 Edmonton hearings included Dr. Mark Trozzi and Dr. William Makis, who appear elsewhere on this site (see our Makis page).

Claims vs. the record

What Buckley saysWhat the record showsVerdict
Because NHPs are classed as drugs, "our natural remedies are deemed by law to be unsafe and illegal." NHPs are licensed under their own regulations, in force since 2004. More than 91,000 had been licensed by 2021. A licence (an NPN) is a permit to sell, not a finding that a product is unsafe. Misleading
Vanessa's Law means fines of $5 million a day for sharing truthful health information. The maximum penalties in the Act are ceilings that a court may impose for serious offences after a conviction. The 2021 federal audit found that 88% of sampled NHPs were advertised with misleading information, which is the problem the enforcement powers are aimed at. Misleading
Only patented chemical drugs ever get approved to treat a condition. Off-patent generic drugs are approved routinely. Thousands of NHPs carry licensed health claims. It is true that disease-treatment claims require drug-level evidence, which is expensive for an unpatentable product. Partly true
Thirty peer-reviewed studies show EMPowerplus treats bipolar disorder and ADHD. Much of the published work comes from a small circle of investigators, and much of it is open-label or case-series data. It has not led to authorization of EMPowerplus to treat any psychiatric illness in Canada, and three federal courts upheld Health Canada's seizure. Overstated
He has defended more NHP companies than any other lawyer, or than all others combined. The claim rests on an Access to Information request we have not seen. Unverified

Why this matters now

When MPs hear from the NHPPA about Bill C-224, they are hearing from the lawyer who has spent 30 years defending the companies the bill would protect, who defended the Truehope founder's family after Ezekiel Stephan's death, and who drafted the bill. That is not a secret, but it is rarely stated. Advocacy from someone with that history should be weighed the way we weigh a drug company's submissions about its own product: carefully, and against the independent evidence.

Related QuackeryWatch pages

📚 Books on Health Fraud — including Pig Pills, Inc., the story of EMPowerplus. Support QuackeryWatch by browsing our recommended reading on Amazon.ca: https://amzn.to/43Y6SEv

Sources

  1. Buckley & Company, firm biography and "Regulatory: Food and Drug Act charges".
  2. Business thought-leaders series, 2010 Buckley biography (Strauss Herb Co. and Biomedica claims).
  3. Provincial Court of Alberta, trial transcript, R. v. Synergy Group of Canada and Truehope, 20 March 2006, and written decision, 2006 ABPC 196.
  4. CBC News, "Health Canada debates appeal of Truehope ruling" (2006).
  5. Federal Court, Truehope Nutritional Support Ltd. v. Canada (AG), 2010 FC 63, summarized by Davis Wright Tremaine; Supreme Court of Canada, docket 34278 (leave dismissed 20 Oct 2011).
  6. EMPowerplus watchdog blog, Feb 2010 (Buckley as Federal Court counsel).
  7. Shawn Buckley, Druthers, October 2023, and Vitality "Health on the Hill" column.
  8. Truehope Cast, EP164 (guest biography).
  9. Georgia Straight, "Is Bill C-51 a crackdown on natural health?" and "Health rep calls Bill C-36 a Trojan horse".
  10. alive, "The Charter of Health Freedom"; GlobeNewswire, VW van tour, Oct 2025; NHPPA Podcast (petition figures).
  11. CFJC Today, "Shawn Buckley, hometown hero" (Kamloops background, NHPPA founding).
  12. Western Standard, NCI lead-counsel dispute; NCI supporter post (36 days, 12 cities, step-back); NCI testimony, 12 May 2023.
  13. Easton Spectator, "Health Canada Exposed" interview (March 2026).
  14. Commissioner of the Environment and Sustainable Development, Report 2, Natural Health Products (2021).
  15. Globe and Mail, "Closing arguments begin in trial of Alberta couple charged in son's death" (2016); "Crown appealing not-guilty verdict" (2019); "Supreme Court won't hear appeal" (2022).
  16. Lethbridge News Now, Tannis cross-examination (2016), 2019 testimony and 2019 closing arguments.
  17. Global News, medical examiner's testimony and witness told mother to take child to hospital (2019); CBC, Court of Appeal hearing (2020); OkotoksToday/Canadian Press, stay of proceedings and Supreme Court refusal.
  18. YouTube, "Health Canada exploiting the death of Ezekiel Stephan"; NHPPA, "David and Collet Stephan Sentencing" (June 2016).
  19. The pathologists: CBC, Sauvageau disputes cause of death (2016); Edmonton Journal, cross-examination (2016); Lethbridge News Now, "I will be neutral and impartial"; Global News, Adeagbo: no sign of oxygen deprivation and Sauvageau at retrial (2019); CBC, Justice letter on autopsy day.
  20. Sauvageau's employment dispute: CBC, abandons $7.6M lawsuit; Western Standard, no money in settlement; CBC, Denis found in contempt.
  21. Clackson and the appeal: CBC, complaint of 42 professionals; Global News, Nigerian physicians' association; CBC, Court of Appeal orders third trial; Calgary Herald, appeal reasons; CBC, charges stayed; Canadian Judicial Council, review closed; Canadian Press, reaction (Jan 2023).
  22. Fatality inquiries: Government of Alberta, Fatality inquiries; Red Deer Advocate, mandatory inquiries; CBC, Alberta's fatality inquiry system "dysfunctional"; CBC, Hoffman orders naturopathy review (2016); CBC As It Happens, 43 doctors ask college to investigate.