Disciplinary law: a notice will generally be published when a professional is struck off the roll
As was confirmed by the Disciplinary Committee of l’Ordre des infirmières et infirmiers du Québec in February 2014, when a professional is pronounced or pleads guilty to a serious infraction, the disciplinary committee will generally order the publication of a notice that explains the decision according to which the professional is temporarily struck off the roll (Ordre des infirmières et infirmiers du Québec v. White, 2013 CanLII 74447 (QC CDOII)).
THE FACTS
Manon White, nurse, was accused of having commenced romantic and sexual relations with a patient under her care and having maintained said relations, even after having been fired from the hospital.
The nurse pleaded guilty before the Disciplinary Committee of l’Ordre des infirmières et infirmiers du Québec and the parties proceeded in jointly recommending the sanction that they believed should be imposed on the nurse: her temporary striking off the roll for a period of six months. This sanction was accepted by the Disciplinary Committee.
However, the nurse's lawyer asked that a notice announcing his client’s temporary striking off the roll not be published. In disagreement, the syndic’s lawyer insisted that in order to ensure the deterrent nature of the sanction and its ability to protect the public, the publication of a notice is necessary in the circumstances.
THE PROFESSIONS TRIBUNAL’S DECISION
After having considered the arguments invoked by both parties concerning the publication of a notice, the Disciplinary Committee draws the following conclusions :
1. The fact that the professional can no longer work in the area in which he lives and in which the infraction was committed does not justify the non-publication of a notice in a local newspaper.
2. The publication of a notice aims to dissuade other professionals from violating their codes of ethics and informs them of the potential consequences that may arise from such a violation.
3. The publication of a notice also aims to convince the general public, notably those who have filed a disciplinary complaint against a professional, that in all cases, a professional order’s very first priority is the protection of the public.
4. Disciplinary justice is public and the publication of a notice in a local newspaper is the method chosen by the legislator in order to ensure that justice in this domain remains public.
THE LESSONS TO BE LEARNED
1. With some exceptions, a disciplinary committee will order the publication of a notice announcing the terms of the decision pronouncing the temporary striking off the roll of the professional in question. This notice will be published in the local newspaper of the region in which the professional was practicing at the time of the infraction and it is the professional who will pay all publication fees Dubé Légal inc., Montréal disciplinary law lawyers.
