DISCIPLINE SUMMARIES
DR. KEVIN JOHNSTON
PRACTICE LOCATION: Kitchener
AREA OF PRACTICE: Family Medicine
HEARING INFORMATION: Statement of Uncontested
Facts, Joint Submission on Penalty
On October 31, 2016, the Discipline Committee
found that Dr. Johnston committed an act of profes-
sional misconduct, in that he engaged in conduct
unbecoming a physician.
Dr. Johnston, a 44-year-old family physician, was
formerly known as Kevin Richard Speight, under
which name he practised medicine until November
2014. He has not practised medicine since March 17,
2016. Dr. Johnston previously practised in Toronto,
Cambridge, St. Catharines, and Mississauga. Most
recently, in 2015 and 2016 he practised in Guelph
and Kitchener.
Accessing, Purchasing, and Possessing Child
Pornography
In October 2010, Dr. Johnston visited a website,
Azov Films, which sold movies and photo collections,
including child pornography. Dr. Johnston accessed
and purchased child pornography depicting nude
pubescent and pre-pubescent boys. Specifically,
- Before making his purchases, Dr. Johnston ac-
cessed child pornography on the Azov Films web-
site, including flash video files and compressed
container files with various movie trailers and
JPEG images.
- On October 16 and 17, 2010, Dr. Johnston pur-
chased 16 discs containing collections of photos
from Azov Films. Fourteen of these photo discs
contain child pornography.
- On October 16, 17, and 18, 2010, Dr. Johnston
downloaded the photo discs described above to a
computer in his home.
The police identified orders that Dr. Johnston
placed on the website to purchase photo collections
and Dr. Johnston’s downloads of the photo collec-
tions that he purchased. Dr. Johnston’s purchases
were also confirmed by Dr. Johnston’s credit card
statement, obtained by the College.
Dr. Johnston was acquitted of criminal charges in
relation to the purchases described above on May 29,
2013. The Court found that the Crown had not led
any evidence of an essential element of the offence,
namely that Dr. Johnston knew the nature and con-
tent of the images that he ordered.
The College requested a further report from the po-
lice addressing this issue, which it received in August
2015. The report confirmed that Dr. Johnston was
aware of the na ture and content of the child por-
nography that he purchased, and in particular, that
he had accessed various movie trailers and images
containing child pornography before he purchased
photo collections. The child pornography in issue
in the case did not contain explicit sexual activity or
violence.
Surreptitious Video Recording
During the execution of a search warrant at Dr.
Johnston’s residence on November 24, 2011, Toronto
police seized an “Angel Eye” mini video recording
system, a micro SD card, and an Apple iPhone. The
video recording system was equipped with a small
camera attached by a cord and an empty slot capable
of housing a micro SD card. The mini SD card con-
tained four videos date stamped 2007.08.26. Two of
the videos contained images of Dr. Johnston, his cat,
and his residence.
The other two videos contained footage from a
public bathroom. In particular, there was footage
which Dr. Johnston had surreptitiously filmed of
an unknown male defecating in a bathroom stall.
On the Apple iPhone, other videos and images were
taken in public washrooms as well, including a sur-
reptitious video which Dr. Johnston had made of a
male urinating into a public urinal, made through a
peep hole.
Facts Filed Regarding Penalty
In 2012, after the events in issue, Dr. Johnston was
diagnosed with bipolar disorder.
Dr. Johnston entered into a recognizance of bail
on November 25, 2011, after he was charged crimi-
nally. Among other things, it restricted Dr. Johnston
ISSUE 4, 2017 DIALOGUE
77