Battle for Documents Relating to Dr. Charles Smith Heats Up

Documents filed on the Goudge Inquiry's Web-site indicate that the College of Physicians and Surgeons of Ontario has declined to provide the Inquiry with any of the documents relating to Dr. Charles Smith it had requested by formal Summons on September 17.

The issue will be decided in a show-down between the Inquiry's lawyers and the College before Commissioner Stephen Goudge on Thursday. (October 4);

The College insists, in a letter to the inquiry dated Sept. 19, 2007, that it is barred by statutory confidentiality provisions from handing over the material.

The Inquiry had requested:

* All documents relating to three complaints filed against Smith - including the College's investigation;

* All documents related to any other complaints filed by anyone against Smith;

* All procedures, guidelines or protocols "considered, adopted, or used" by the College when dealing with complaints made about...pediatric forensic pathologists.

* All documents relevant to policies, procedures, practices, accountability and oversight mechanisms, or quality control measures for pediatric forensic pathology in Ontario from 1981 to 2001;

The College's brief two paragraph letter to the Inquiry dated three days later refers to the confidentiality provisions of the Regulated Health Provisions Act before concluding, "In our view, none of the exceptions permit the Registrar to produce the documents you have requested."

Documents filed by the Inquiry's lawyers in connection with a hearing to be held on Thursday (October 4), include a decision of the Health Professions Appeal and Review Board compelling the College to consider the three complaints which had been filed against Smith.

The Inquiry's lawyers bluntly argue in a legal document filed with Commissioner Stephen Goudge that, "neither law nor policy compel a result that would insulate (The College) from scrutiny as the Commission attempts to restore and enhance public confidence in pediatric forensic pathology in Ontario."

They also argue that the documents sought by the Inquiry "will shed significant light on how (the College) investigated the complaints," and will help the Inquiry determine how the College has exercised accountability over pediatric forensic pathologists in Ontario.

The Inquiries lawyers want Goudge to decline to quash the Summons, and to order the College to comply with it by October 10 - less than two weeks from now.