Sexual abuse initiative
Seeking ability
to re-open
investigations
If new information comes to light,
College wants ability to re-open
certain investigations
C
RHPA
cian notice that the case could be re-opened if
ouncil has called for legislative
Provisions
subsequent information comes to light that warchange that would give the Inquirants the use of that power.
ries, Complaints and Reports ComThis change would mirror the process in criminal
mittee (ICRC) the ability to re-open
investigations today – where police close an investigacertain investigations if new information comes to light.
tion without a criminal charge, the investigation can be
This power would be restricted to investigations into
re-opened at any time and if new information comes to
allegations of sexual abuse, sexual impropriety or prelight warranting a criminal charge, a charge can be laid
scribed acts of professional misconduct that the Comin the future.
mittee had disposed of as ‘no further action’.
If the ICRC is considering exercising its power to
This new ability would better reflect the impact of
re-open an investigation, the physician would be given
sexual abuse upon victims, and the challenge of sexual
notice and an opportunity to respond prior to any deciabuse prosecutions, where victims may not be prepared
sion to re-open being made. If the matter is referred to
to come forward until many years after the abuse.
discipline, the physician will retain the right to argue that
At its meeting in September, Council directed that
the prosecution is an abuse of process due to delay, or on
the College seek amendments to the Regulated Health
any other basis, and should be stayed. Fairness to the phyProfessions Act that would give the ICRC this additional
sician is ensured by the fact that the ICRC has not taken
power. This change would allow the ICRC to decide at
any other action in relation to the investigation (i.e., hasn’t
the conclusion of an investigation that is found not to
required the physician to take a boundaries course, etc.).
warrant any further action whether to give the physi-
Harm and
Breach of Trust
Prevention
Physician
Responsibility:
Individual and
Collective
Respect,
Fairness and
Transparency
Public
Protection
Public
Confidence
photo: MASTERFILE
RHPA Provisions
Processes & Practices
Patient Support & Access
Physician & Learner Education
Patient Support & Access
Committee & Staff Training
Issue 3, 2015 Dialogue
27