Michael Machan

A discipline panel found professional misconduct where the registrant practised psychotherapy while his certificate of registration was suspended for non-payment of fees, used restricted titles during suspension, issued invoices containing false information, and continued online advertising that held him out as a psychotherapist.

The panel held that this conduct contravened the profession’s standards of practice, the title restrictions in the governing statute, and specific misconduct provisions addressing practising and benefiting while suspended.

Applying the Anthony-Cook framework to the parties’ joint submission, the panel concluded that the proposed sanction was not contrary to the public interest.

The panel imposed a two-month suspension, a reprimand, specified remedial study requirements, and costs of $4,700 payable over 24 months.

A discipline panel found professional misconduct where the registrant, while holding a qualifying certificate, publicly used the title of registered psychotherapist without the required qualifier and posted social media content spreading COVID-19 misinformation and making discriminatory comments about gender, sexuality, and ethnicity.

The panel held that the impugned communications were disgraceful, dishonourable or unprofessional, and in part conduct unbecoming, and that the title misuse also breached registration terms and published standards.

Applying the Doré/Loyola proportionality framework, the panel concluded that the findings appropriately balanced freedom of expression under s. 2(b) of the Charter with the regulator’s public-interest mandate to prevent harmful misinformation and maintain trust in the profession.

The registrant’s complete failure to participate in the investigation and hearing process supported a finding of ungovernability.

Revocation and costs of $6,055 were ordered.