Discipline
The Ontario Physicians and Surgeons Discipline Tribunal ( OPSDT ) had its first full year of operation in 2022 .
As successor to its predecessor , Discipline Committee , the Tribunal has undergone a number of fundamental changes since its launch in September 2021 . These changes have enhanced the Tribunal ’ s independence ; modernized processes in accordance with best practices ; distinguished the Tribunal ’ s public identity from that of the College through a separate website and unique branding ; and enhanced the quality , transparency and timeliness of the Tribunal ’ s decisions and processes .
Throughout 2022 , the Tribunal continued its work towards achieving these goals . The Tribunal remains committed to continuous improvement and growth , both in its hearings and internal processes , to better serve participants and the public .
The Tribunal has undergone a number of fundamental changes since its launch in September 2021 .
Experienced adjudicators chair hearing panels , conduct pre-hearing conferences and express the panel ’ s views by preparing the first draft of written reasons for decision . In 2022 , the Tribunal ’ s experienced adjudicators chaired and drafted written reasons for approximately 40 decisions , including case management decisions , hearings on the merits and / or penalty , and motions to address issues arising before or during a hearing . Due to their decision-writing expertise , written reasons are drafted and released sooner . In all cases chaired by an experienced adjudicator , written reasons have been released within the 84-day benchmark .
Modernizing the Tribunal ’ s Rules of Procedure In 2022 , the Tribunal undertook a complete redrafting of its Rules of Procedure , updated corresponding forms , and prepared new practice directions . The Tribunal ’ s Rules set out the general practices and procedures for parties appearing before the Tribunal .
Experienced Adjudicator Model Showing Benefits In September 2021 , coinciding with the Tribunal ’ s launch , College Council approved the appointment of five experienced lawyer adjudicators to the Tribunal .
In re-drafting the Rules , the Tribunal aimed to use plain and understandable language ; enable flexible processes that could better adapt to a particular case ; and to base the Rules on a set of adjudicative values , including transparency , fairness , and simplicity .
Significant changes to the Tribunal ’ s Rules include the following :
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No longer requiring a member of the public to file a motion for access to documents that are part of the public record , enabling more timely access for media and public . |
Establishing an automatic publication ban of patient names or information that would identify patients , unless the patient asks otherwise . This protects patient privacy , while promoting open hearings . |
Adapting rules on use of prior sexual history from s . 276 of the Criminal Code to prevent a complainant from having evidence of their prior sexual history improperly used to discredit them . |
Adding a rule allowing for costs orders where a party ’ s conduct has been unreasonable , frivolous or vexatious , or a party has acted in bad faith . |
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CPSO ANNUAL REPORT 2022 20 |