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Do some health professionals have a constitutional right to call themselves doctor, regardless of government rules?

That’s what an Ontario audiologist contends in a potentially groundbreaking Charter of Rights and Freedoms challenge, after being slapped with a three-month suspension and almost $100,000 in costs for using the title.

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Brenda Berge says her right to freedom of expression is being violated by provincial law that bars her from putting “Dr.” before her name, while naturopaths, chiropractors and acupuncturists, among others, can legally use the title.

The novel legal gambit comes as new questions are being raised about government licensing of alternative-health practitioners, many of whom can use the doctor honorific, yet offer scientifically questionable treatments.

Berge, 48, says it makes no sense that she faced disciplinary action for trying to call herself Dr. Berge, when she has a doctoral-level degree and a post-doctoral fellowship in a science-based profession.