Commissioner Directs College To Produce Documents

Commissioner Stephen Goudge has directed the Registrar of the College of Physicians and Surgeons of Ontario to produce documents relating to three complaints made against Dr. Charles Smith.

Production of the documents had been opposed by both Smith and the College.

But, in a decision released Wednesday, Goudge ruled that the documents were relevant and dismissed other legal arguments based on legal privilege and confidentiality.

"The complaints in these cases and the way (the College) dealt with them constitute the way in which Dr. Smith was held to account for his work as a forensic pathologist," Goudge ruled.

"A complaints process like this is no less a way of overseeing the work of a professional because it deals with specific cases.

Thus I think that these documents speak to an oversight or accountability mechanism that the Commission is required to examine or evaluate."

The documents are, therefore, clearly relevant to the Commission's mandate."

Goudge concludes his 16-page decision by bluntly directing the College Registrar to comply with the Commission's summons.

The proverbial ball is now in the College's court: Will it comply or seek recourse in the courts?

Dates to watch:

Friday, September 12: Trotta appeal: Supreme Court of Canada;

Monday, September 15; Mullins-Johnson reference; Supreme Court of Canada;

Monday, November 12; Inquiry to begin hearing testimony.