Must College Produce Smith files? Judge Reserves Decision;

Commissioner Stephen Goudge has reserved his decision on the challenges by the College of Physicians and Surgeons of Ontario and Dr. Charles Smith to a Commission summons requiring the College to produce documents relating to complaints brought against Dr. Smith.

Four notable quotes from the October 4 hearing:

First, Commission Counsel Linda Rothstein setting out her view as to how the Inquiry will go about its work:

"So what we envisage, Commissioner, is that your Inquiry will look at the way in which various oversight mechanisms and accountability mechanisms in Ontario operated, including the Office of the Chief Coroner, including the Hospital for Sick Children, and including The College of Physicians and Surgeons and it will up to you, sir, to determine whether the manner in which they fulfilled their oversight was up to the standard that is needed to restore confidence in pediatric forensic pathology in Ontario."

Second, Counsel Rothstein sheds light on the position taken by the College vis a vis the production of documents to the Commission:

"We are here because having explored the issue of consent, which would have provided the College with some comfort that they could at least produce the documents to us and leave for another day the issue of admissibility, we were confronted with the College's interpretation which required, they said, consent, not just from the individual complainants, but also from Dr. Smith and perhaps from others who may have been the authors of various documents that may be in their files. So that was a hurdle that we couldn't surmount and thus we're here."

Third, Dr. Smith's lawyer Jane Langford's interpretation of the scope of confidentiality binding the College: "When you look at those three provisions together, information, personnel and documents, it's fair to submit that it is a relative complete accurate effort on the part of the Legislature to completely shroud the College proceedings in confidentiality."

Fourth: Lawyer Langford on the impact release of the documents could have on Dr. Smith's reputation and the other parties appearing before the Inquiry.

"Secondly, and perhaps more significantly from my client's perspective, but indeed from all of the parties before you, sir, on -- beginning on November 12th, it is very clear that a Public Inquiry has a significant impact on the reputational interest of all of the parties who are the subject of the Inquiry. And I -- I quoted in my factum at paragraph 36, the words of the Supreme of Canada in relation to the Krever inquiry into tainted blood. The Court in that case said: "A good reputation is an individual's most highly prized attribute."

Harold Levy;