discipline summaries
Ontario, he continues to hold a certificate of registration enabling him to do so. If Dr. Gagnon should
decide to establish a future practice in Ontario, the
Committee found it appropriate that he be able to
demonstrate that he has undergone a similar process
of rehabilitation that might be ordered for an Ontario physician in similar circumstances, in addition to
the rehabilitation which he has already undertaken.
In addition, while the Committee is aware that Dr.
Gagnon was reprimanded by the CMQ, it agreed
that a second reprimand was justified to demonstrate
to Dr. Gagnon that his behaviour is equally unacceptable to his colleagues in Ontario. It will also
serve to remind Ontario physicians of the need to
maintain appropriate therapeutic boundaries.
The Committee found that the order of costs of
$4,460 to the College, representing a partial recovery
on the costs of conducting the hearing, is appropriate. The Committee therefore accepted the joint
submission and made the following order.
Order
The Discipline Committee ordered and directed that:
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What does this mean? We provide definitions for the legal terminology used
in the discipline process
Admission
The physician admits that the facts
alleged amount to professional misconduct and/or incompetence.
accept a joint submission on penalty
unless it would be contrary to the public
interest and bring the administration of
justice into disrepute.
Plea of No Contest
Contested Hearing
The physician does not contest the
facts. The College files a statement of
facts as an exhibit at the hearing. The
Discipline Committee can accept the
facts as correct and make a finding
of professional misconduct and/or
incompetence. The physician does not
admit to the facts or findings for the
purpose of any other proceeding.
The physician denies the allegations.
The College must prove the allegations
on a balance of probabilities (the civil
standard of proof) by calling evidence
such as witnesses. If one or more of the
allegations is proved, a penalty hearing
is scheduled. The College and the physician may agree and jointly propose a
penalty to the Committee or they may
disagree and a contested penalty hearing takes place.
Agreed Sta ѕ