DISCIPLINE SUMMARIES
DR. BERNARD NORMAN BARWIN
PRACTICE LOCATION: Ottawa
AREA OF PRACTICE: General Practice (Fertility Medicine)
HEARING INFORMATION: Statement of Uncontested
Facts; Plea of No Contest; Uncontested Penalty
On June 25, 2019, the Discipline Committee found
that Dr. Barwin committed an act of professional
misconduct, in that he failed to maintain the stan-
dard of practice of the profession, and in that he
engaged in acts or omissions relevant to the practice
of medicine that would reasonably be regarded by
members as disgraceful, dishonorable or unprofes-
sional. The Discipline Committee also found that Dr.
Barwin is incompetent.
Civil Proceeding
In 2016, Dr. Barwin was the defendant in a class
action lawsuit from his former patients and their
children. It is alleged that:
(a) 50-100 children were conceived after their moth-
ers received the wrong semen from Dr. Barwin
when they attended Dr. Barwin for artificial
insemination;
(b) Of these, 11 children are genetically matched to
Dr. Barwin through DNA testing;
The class action attracted media coverage. The Col-
lege initiated an investigation on the basis of the
media coverage.
Finding
The College found that he had inseminated at least
11 women with his own sperm. In other instances,
Dr. Barwin used the sperm of either a different
donor than the one chosen by the patient, or used
the sperm of a donor in place of the sperm of the
patient's husband. Each of these acts violated his
patients’ trust and their bodies.
In its decision, the Committee wrote that Dr.
Barwin’s misconduct is of the most egregious kind.
His actions were unimaginable, with a complete and
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DIALOGUE ISSUE 3, 2019
utter disregard for his patients, their partners, their
offspring and indeed future generations in perpetu-
ity. He completely violated his patient’s trust, as well
as their bodies, by using his own sperm in place of
the sperm of the patient’s husband or their chosen
anonymous donors.
The Committee noted that Dr. Barwin provided no
explanation to the fact that many of his patients were
inseminated with his own sperm. The explanation
Dr. Barwin provided to his patients (that he was test-
ing a “new automated sperm counter”) is completely
unbelievable, stated a College expert.
The expert’s opinion was that the use of Dr. Bar-
win’s own sperm appears to be unrelated to poor
knowledge, skill or judgment. In the absence of any
credible explanation, the Committee does not know
why Dr. Barwin deliberately used his own sperm
in place of the sperm of the patient’s husband or
selected donor. Whatever his motives for doing so,
such deliberate actions, which are so contrary to a
physician’s duties, are reprehensible and abhorrent.
ORDER
The Discipline Committee ordered: revocation of Dr.
Barwin’s certificate of registration; a public repri-
mand; and costs to the College in the amount of
$10,370 for the one day hearing.
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Find a Doctor
and enter the doctor’s name.
At the conclusion of the hearing, Dr. Barwin waived his
right to an appeal and the Committee administered the
public reprimand.
DR. FREDERICK THOMAS BRAY
PRACTICE LOCATION: Ottawa
AREA OF PRACTICE: Internal Medicine; Gastroenterology
HEARING INFORMATION: Admission; Agreed Statement of
Facts; Joint Submission on Penalty
On June 18, 2019, the Discipline Committee found
that Dr. Bray committed an act of professional mis-
conduct, in that he has engaged in an act or omis-