DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL: Michael Hogard, RPN Chairperson Renate Davidson Public Member Spencer Dickson, RN Member Rob MacKay Public Member Susannah McGeachy, NP Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO NICK COLEMAN for College of Nurses of Ontario
-and-
ANGIE JOAN GAUTHIER-DEGRACE BRANT, Applicant NO REPRESENTATION for Angie Joan Gauthier
LUISA RITACCA, Independent Legal Counsel
Heard: August 20, 2015
DECISION AND REASONS FOR DECISION
This application for reinstatement came on for a hearing before a Panel of the Discipline Committee on August 20, 2015, at the College of Nurses of Ontario (the "College") at Toronto.
The Application
By way of letter dated March 18, 2014, Angie Joan Gauthier (the [Former Member]) filed an application for reinstatement, which read as follows:
[Attention: Anne Coghlan, Executive Director of the College. I have attached a money order to my letter.
My license was revoked in 2003 and I feel that I am now at a time to truly put my all into getting my license back in order.
If you could please tell me the steps I need to apply for reinstatement.
Thank You.
(Signature inserted here)
Angie Gauthier (Brant)]
Overview
The [Former Member] brings this application for reinstatement from a revocation of her certificate of registration, which was ordered by a Panel of the Discipline Committee on October 15, 2003. The decision to revoke the [Former Member's] certificate was based on a series of criminal convictions, including four counts of fraud and one count of false pretence with the intent to defraud which occurred between October 1999 and October 2001, and on the [Former Member's] failing to disclose these convictions to the College on a 2002 Annual Payment Form.
The Evidence
The [Former Member] was not represented by legal counsel, nor was the [Former Member] in attendance for the hearing.
The Panel heard submissions from College Counsel with regard to the absence of the [Former Member]. Counsel presented a signed affidavit of service, confirming the Notice of Hearing was sent by regular mail on June 16, 2015, to the [Former Member's] last known address on the College's records, an address in [ ], Ontario. Counsel noted that this address was different than the address which appeared on the [Former Member's] letter of application for reinstatement, dated March 18, 2014. Counsel conceded that this discrepancy raises concern regarding whether the [Former Member] had received sufficient notice of the date, time, and location of the hearing. However, College Counsel submitted that the bulk of the correspondence regarding the [Former Member's] application for reinstatement had been sent by both courier and email in addition to regular mail, and that none of the courier packages, which required a signature, nor any regular mail, had been returned to the College. Furthermore, Counsel provided the Panel with copies of a series of email correspondences between [the Former Member] and various College staff between January and February 2015. Counsel advised the Panel that the [Former Member] did participate in an initial prehearing conference on January 14, 2015, and was to submit documents in support of her application and schedule a second pre-hearing conference no later than April 30, 2015. The last communication from the [Former Member] came in the form of an email [ ] dated February 15, 2015. The [Former Member] submitted no documents, and no further prehearing was scheduled. College staff subsequently sent two more pieces of correspondence to the [Former Member] in May and June 2015 respectively, but did not receive a response. Counsel for the College highlighted a pattern of non-attendance in the [Former Member's] past dealings with the Discipline Committee, noting that she did not attend her initial discipline hearing which resulted in revocation in 2003. The Panel was provided with the Decision and Reasons for that hearing, dated October 15, 2003.
College Counsel further noted that the [Former Member] did not attend a previous reinstatement hearing on March 24, 2005 and April 28, 2005, and provided the Panel with the Decision and Reasons for that hearing, dated June 3, 2005; that application was dismissed on the basis that no evidence was led in support of the application.
Counsel for the College advised the Panel that attempts had been made earlier in the day to contact [the Former Member] by phone, but these had been unsuccessful. However, an attempt to contact [the Former Member] at her [ ] email address had been successful. Counsel requested a brief recess to correspond with the [Former Member] by email and confirm her knowledge of and intentions regarding the hearing today. A 15-minute recess was granted.
When the Panel reconvened, Counsel advised the Panel that [the] Prosecutions Coordinator, had been successful in communicating with the [Former Member] by email, and the Panel was presented with copies of the email exchange, dated August 20, 2015 [ ]. The email exchange confirmed that the [Former Member] was aware that the hearing was proceeding and also confirmed that the [Former Member] did not intend to participate.
Based on this evidence, the Panel deliberated and determined that the [Former Member] had been provided adequate notice of the hearing and accepted that the [Former Member] was aware of the date, time, and location of the hearing, did not intend to attend, and understood that the Discipline Committee would decide the application in her absence.
Decision and Reasons
In any reinstatement hearing, the onus of establishing suitability to be reinstated is on the [Former Member]. The [Former Member] was not present nor represented; she led no evidence in support of the application for reinstatement. Based on evidence submitted by Counsel for the College, the Panel accepted that the [Former Member] had adequate notice of the hearing date, time, and location. It was unnecessary for the Panel to hear evidence or submissions from the College regarding the [Former Member's] suitability to practise. The Panel dismissed the application for reinstatement on the basis of absence of any supporting evidence.
Order
The Panel ordered that the [Former Member's] request for reinstatement be dismissed.
I, Michael Hogard, RPN, sign this decision as Chair of this Panel and on behalf of the Panel members listed below.
Chairperson Date
Panel Members:
Renate Davidson, Public Member Spencer Dickson, RN Rob MacKay, Public Member Susannah McGeachy, NP