DISCIPLINE SUMMARIES
s . 246.1 ( 1 ) of the Criminal Code , and one count of breach of recognizance contrary to s . 145 ( 3 ). Twenty nine of the counts of touching for a sexual purpose and sexual assault were based on allegations involving 20 of Dr . Marshall ’ s former patients . They were all young boys treated by Dr . Marshall prior to or during puberty and their allegations related to genital exams conducted by Dr . Marshall . The remaining three counts involved two complainants who alleged that Dr . Marshall had touched them improperly on occasions outside of his office . One of these complainants was Complainant A . On April 29 , 2013 , Mr . Justice Reid of the Ontario Superior Court of Justice found Dr . Marshall guilty of sexual assault in respect of Complainant A . Dr . Marshall was acquitted on the rest of the charges .
Complainant A Complainant A was in Grade 9 when he first met Dr . Marshall . His life was in turmoil and he was vulnerable . Dr . Marshall befriended Complainant A because he was present on the sidelines of a sport team as a medical doctor and Complainant A was on the team . Through Dr . Marshall , Complainant A became involved in Dr . Marshall ’ s religious group . When he was about 15 and 16 , Complainant A twice attended that group ’ s summer camp with Dr . Marshall as a counsellor . Throughout high school , Complainant A and his friends went over to Dr . Marshall ’ s house in high school to watch football on TV or for Bible discussion many times . Other than occasional boarders , Dr . Marshall lived alone . He would take the boys out for dinner and pay for them . He bought new shoes and groceries for Complainant A .
Sexual Assault of Complainant A Complainant A testified at the criminal trial regarding the four incidents of sexual assault by Dr . Marshall : 1 . While at summer camp operated by the religious group when he was 15 or 16 , Complainant A descended on a zip line . Two friends were waiting at the bottom to slow him down . Dr . Marshall was also there and grabbed Complainant A ’ s genitals with one open hand . Nothing was said but Complainant A considered the touching very inappropriate . 2 . When Complainant A was about 16 years of age , he was at Dr . Marshall ’ s house with a group of friends . He was standing in the doorway between the living room and the kitchen . Dr . Marshall came up from behind , put his hand around Complainant A ’ s waist under his pants and underwear and grabbed his genitals for a couple of seconds . Complainant A pushed Dr . Marshall away . 3 . When Complainant A was living in a rooming house , he asked Dr . Marshall to examine him because he had a sore back . Dr . Marshall told him to take his shirt off and bend over . Once Complainant A bent over , Dr . Marshall stood behind and put his hands on Complainant A ’ s back , feeling both sides of the spine . Dr . Marshall ’ s hands went to the sides of Complainant A ’ s hips and Dr . Marshall rubbed his erect penis against Complainant A ’ s buttocks .
4 . Complainant A was alone with Dr . Marshall at Dr . Marshall ’ s home . They were discussing God and about how Complainant A ’ s family had abandoned him . Dr . Marshall got up off the couch , stood in front of Complainant A and then moved towards him as if he was coming in for a hug , but instead lay on top of Complainant A . One of Dr . Marshall ’ s hands was on Complainant A ’ s wrist and the other one was working down to his waist . Complainant A was frightened and tried to wriggle out and bolt for the door . Dr . Marshall said words to the effect : “ I ’ m just hugging ; I ’ m not trying to fuck you yet .” Justice Reid convicted Dr . Marshall of sexual assault based on the incidents described in paragraphs 2 , 3 and 4 above . Justice Reid did not rely on the incident at the summer camp because it occurred outside of the Court ’ s jurisdiction .
Sentence and Appeals On July 3 , 2013 , Dr . Marshall was sentenced to eight months imprisonment , less six days pre-trial custody . Dr . Marshall appealed his conviction and sentence to the Court of Appeal for Ontario . On July 9 , 2015 , the Court dismissed Dr . Marshall ’ s appeal . Dr . Marshall applied for leave to appeal the Court of Appeal for Ontario ’ s decision to the Supreme Court of Canada . On January 28 , 2016 , the Supreme Court of Canada dismissed Dr . Marshall ’ s application for leave .
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DIALOGUE ISSUE 3 , 2017