A physician (“Mussani”) found guilty of sexual abuse by the College of Physicians and Surgeons of Ontario (the “College”) challenged the constitutionality of the zero tolerance/mandatory revocation scheme governing discipline for specific acts of sexual conduct between health professionals and their patients under Ontario’s Health Professions Procedural Code (the “Code”). The Ontario Court of Appeal dismissed the appeal and upheld the Mandatory Revocation Provisions of the Code.
Administrative law – Decisions of administrative tribunals – Judicial review – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual acts – Penalties – Mandatory suspensions – Constitutionality – Charter of Rights – Application to disciplinary proceedings Mussani v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. ...