Psychologist Lawyers Toronto

Psychologists can request a review of the ICRC’s decision. A review takes place before the Health Professions Appeal and Review Board (the “Board”). A panel of the Board will assess (1) whether the ICRC’s investigation was adequate and (2) whether the ICRC’s decision was reasonable. The party who requested the review is asked to comment on these two issues and the other party has an opportunity to respond. The Board will also receive a copy of all materials that the ICRC’s decision was based on.

A lawyer who has experience dealing with professional regulatory bodies and review boards can assist psychologists through this process and help with preparation and drafting materials for the review.

After the review, the Board will issue a written decision. The Board may decide to:

• Confirm the ICRC’s decision;
• Refer the matter back to the ICRC;
• Require the ICRC to do certain things; and/or
• Make recommendations to the ICRC.

Referring a psychologist to the Discipline Committee is the most serious disposition the ICRC can make. It can have significant consequences on a psychologist’s ability to practice. It is therefore important for psychologists to understand the disciplinary process and consult counsel who has experience in this area.

The psychologist and the CPO are considered parties to the proceeding. There may be additional parties, such as a complainant or a public interest group. The CPO will be represented by legal counsel and the Discipline Committee has its own legal advisor.

A hearing before the Discipline Committee is considered a formal, legal process. The member will receive a Notice of Hearing that outlines the allegations of misconduct.

A pre-hearing conference may be held before the formal hearing. These are confidential and are not open to the public. During the pre-hearing conference, issues relating to the disclosure and exchange of information will be discussed along with any other relevant legal issues, such as whether preliminary motions are required. Procedural matters will also be canvassed and what, if any, facts and evidence the parties can agree on. Additionally, the parties will discuss whether any or all of the issues can be settled.

The discipline hearing itself is similar to a trial. Evidence is presented under oath and witnesses are subject to examination and cross-examination. The psychologist member and the CPO present their arguments and the CPO has the burden of proving the allegations against the psychologist. Hearings are open to the public unless the Committee orders otherwise.

After a hearing, the Discipline Committee can make a finding of incompetence or professional misconduct. If such a finding is made, the Committee can impose a penalty which may include:

• Revoking the psychologist’s certificate of registration;
• Suspending the psychologist’s certificate of registration;
• Imposing terms, conditions, and limitations on the psychologist’s certificate of registration;
• Reprimanding the psychologist; and
• Imposing a fine payable to the government of Ontario.

Additionally, when a psychologist is found guilty of professional misconduct after a discipline hearing, a summary of the decision is published on the CPO register. The Discipline Committee may also order a psychologist to pay all or part of the CPO’s costs and expenses.

While psychologists are not required to be represented by legal counsel, given the seriousness and complexity of discipline hearings, it is prudent to consider retaining a lawyer who has experience with professional regulation matters.