Smith Joins Battle Against Production of College Documents

Dr. Charles Smith will opposing a summons requiring the College of Physicians and Surgeons of Ontario to produce documents relating to complaints made against him at a hearing set for tomorrow.

Smith contends in a factum filed with the Goudge Inquiry that the documents are not compellable by the Commission because they are "irrelevant," "inadmissible" and "privileged".

The College is also opposing production of the documents - on the basis that it would breach statutory confidentiality provisions. (See this blog..."Battle For Documents Relating to Dr. Charles Smith Heats Up"...Oct.1, 2007);

The Commission is specifically seeking documents relating to three complaints which were the subject of public hearings.

Smith also contends that, "confidentiality is important not only to permit a comprehensive investigation but also to protect the legitimate privacy interests of all individuals involved."

Smith also argues that the documents should not be produced because, "there is no evidence that the Coroner's office relied upon the investigations or decisions rendered by the Complaints Committee of the College."

"In sum, documents pertaining to the known complaints can provide no insight into the conduct, oversight and/or regulation of pediatric forensic pathology in Ontario between 1981 and 2001," Smith argues.

"Nor can they provide any insight into pediatric death investigations which were the subject of the complaints that is not otherwise available directly (through the Commissioner's power to compel evidence) from the relevant parties to those investigations, including the police, the Crown, the Coroner's office, the complainants and all medical professionals involved, including Dr. Smith."

The College has been ordered to produce the documents to the Commission by October 10.