College of Nurses of Ontario v. Godmaire, 2019 CanLII 100897

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Ingrid Wiltshire-Stoby, NP Chairperson Renate Davidson Public Member Carly Gilchrist, RPN Member Sherry Szucsko-Bedard, RN Member Chuck Williams Public Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO ) JESSICA LATIMER for ) College of Nurses of Ontario

• and - )

ROSANE GODMAIRE ) ANDREW PERRIN for Registration No. 9707480 ) Rosane Godmaire

) CHRISTOPHER WIRTH

) Independent Legal Counsel

) Heard: March 7, 2019

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) on March 7, 2019 at the College of Nurses of Ontario (the “College”) at Toronto. The hearing commenced at 1100hrs. The Member attended via teleconference and was represented by Counsel.

The Allegations

The allegations against Rosane Godmaire (the “Member”) as stated in the Notice of Hearing dated January 31, 2019 are as follows:

IT IS ALLEGED THAT:

1. You have committed an act of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, in that on August 17, 2017, in the Ontario Court of Justice in Haileybury, Ontario, you were found guilty of offences relevant to your suitability to practise, and in particular, you were found guilty of the following offences:

(a) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and [Township] in the said region Northeast knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority engage in threatening conduct directed at [Individual 1] thereby causing [Individual 1]to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(d) of the Criminal Code;

(b) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] ] and the [Township] in the said Region, did being at large on your undertaking given to an officer in charge and being bound to comply with a condition of that undertaking directed by the said officer, fail without lawful excuse to comply with that condition to wit abstain from communicating directly or indirectly with [Individual 2] and [Individual 1]or from going to their residence or places of work contrary to Section 145(5.1) of the Criminal Code;

(c) Between the 3^rd day of August, 2017 and the 5^th day of August, 2017 at the [City] in the said region did without lawful excuse and with intent to harass, repeatedly communicate, or cause repeated communications to be made, with [Individual 3] by a means of telecommunication contrary to section 372(3) of the Criminal Code; and

(d) On or about the 6^th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance the Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail without lawful excuse to comply with that condition to wit not communicate directly or indirectly with [Individual 3] contrary to Section 145(3) of the Criminal Code.

2. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(18) of Ontario Regulation 799/93, in that, on August 17, 2017, you contravened a term, condition or limitation on your certificate of registration, imposed pursuant to s. 1.5(1)1.i. of Ontario Regulation 275/94, in that you failed to report findings of guilt to the Executive Director of the College of Nurses (the “College”), in particular, that on August 17, 2017, you were found guilty of the following offences, which you did not report:

(a) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and [Township] in the said region Northeast knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority engage in threatening conduct directed at [Individual 1] thereby causing [Individual 1] to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(d) of the Criminal Code;

(b) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and the [Township] in the said Region, did being at large on your undertaking given to an officer in charge and being bound to comply with a condition of that undertaking directed by the said officer, fail without lawful excuse to comply with that condition to wit abstain from communicating directly or indirectly with [Individual 2] and [Individual 1] or from going to their residence or places of work contrary to Section 145(5.1) of the Criminal Code;

(c) Between the 3^rd day of August, 2017 and the 5^th day of August, 2017 at the [City] in the said region did without lawful excuse and with intent to harass, repeatedly communicate, or cause repeated communications to be made, with [Individual 3] by a means of telecommunication contrary to section 372(3) of the Criminal Code; and

(d) On or about the 6^th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance the Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail without lawful excuse to comply with that condition to wit not communicate directly or indirectly with [Individual 3] contrary to Section 145(3) of the Criminal Code.

3. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(18) of Ontario Regulation 799/93, in that, between April and August 2017, you contravened a term, condition or limitation on your certificate of registration, imposed pursuant to s. 1.5(1)1.(ii) of Ontario Regulation 275/94, in that you failed to report charges relating to any offence to the Executive Director of the College, as follows:

(a) On April 3, 2017, you were charged with the following offences, which you did not report:

(i) Between the 22nd day of March, 2017 and the 29th day of March, 2017 at the [City] and [Township] in the said region Northeast knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority engage in threatening conduct directed at [Individual 1] thereby causing [Individual 1] to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(d) of the Criminal Code;

(ii) Between the 22nd day of March, 2017 and the 29th day of March, 2017 at the [City] and the [Township] in the said Region, did being at large on your undertaking given to an officer in charge and being bound to comply with a condition of that undertaking directed by the said officer, fail without lawful excuse to comply with that condition to wit abstain from communicating directly or indirectly with [Individual 2] and [Individual 1] or from going to their residence or places of work contrary to Section 145(5.1) of the Criminal Code;

(iii) On or about the 8th day of March, 2017 at [the Town] in the said region knowing that [Individual 2] is harassed or being reckless as to whether [Individual 2] is harassed did without lawful authority beset or watch the place where [Individual 2] works on [the Highway] in [the Town] thereby causing [Individual 2] to reasonably, in the circumstances, fear for his safety contrary to Section 264(2)(c) of the Criminal Code;

(iv) On or about the 22nd day of March in the year 2017 at the [City] in the said Region, knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority beset or watch the place where [Individual 1] carries on business [ ] thereby causing [Individual 1] to reasonably, in the circumstances, fear for her safety contrary to Section 264(2)(c) of the Criminal Code;

(b) On May 12, 2017, you were charged with the following offences, which you did not report:

(i) Between the 15th day of April 2016 and the 22nd of March, 2017 at the districts of [ ] in the said region knowing that [Individual 2] is harassed or being reckless as to whether [Individual 2] is harassed did without lawful authority beset and/or watch and/or repeatedly did follow and/or engaged in threatening conduct toward [Individual 2] thereby causing [Individual 2] to reasonably, in the circumstances, fear for his safety contrary to Section 264(2)(c) of the Criminal Code;

(ii) Between the 15^th of April 2016 and the 22^nd of March 2017 at the districts [ ] knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed, did without lawful authority beset and/or watch and/or repeatedly follow and/or engage in threatening conduct toward [Individual 1] thereby causing [Individual 1] to reasonably, in the circumstances, fear for her safety contrary to Section 264(2)(c) of the Criminal Code;

(c) On August 5, 2017, you were charged with the following offence which you did not report:

(i) Between the 3^rd day of August, 2017 and the 5^th day of August, 2017, at [City] in the said region knowing that [Individual 3] is harassed or being reckless as to whether [Individual 3] is harassed did without lawful authority engage in conduct as set out in Section 264(2) of the Criminal Code, contrary to Section 264(1) of the Criminal Code;

(d) On August 7, 2017, you were charged with the following offences which you did not report:

(i) On or about the 5th day of August, 2017, at the [City]in the said region knowing that [Individual 3] is harassed or being reckless as to whether [Individual 3] is harassed did without lawful authority repeatedly communicate with [Individual 3], either directly or indirectly thereby causing [Individual 3] to reasonably, in all circumstances, fear for his safety contrary to Section 264(2)(b) of the Criminal Code;

(ii) On or about the 6th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance the Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail without lawful excuse to comply with that condition to wit not communicate directly or indirectly with [Individual 3] contrary to Section 145(3) of the Criminal Code; and

(iii) On or about the 6^th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance The Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail, without lawful excuse to comply with that condition to wit not to be within 100m of any place where you know [Individual 3] to be at or frequent contrary to Section 145(3) of the Criminal Code.

4. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(19) of Ontario Regulation 799/93, in that you contravened a provision of the Nursing Act, 1991, the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, or the regulations under either of those Acts, and in particular, section 85.6.1 of the Health Professions Procedural Code, in that, on August 17, 2017, you failed to report findings of guilt to the Registrar (being the Executive Director) of the College, as follows:

(a) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and [Township] in the said region Northeast knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority engage in threatening conduct directed at [Individual 1] thereby causing [Individual 1] to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(d) of the Criminal Code;

(b) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and the [Township] in the said Region, did being at large on your undertaking given to an officer in charge and being bound to comply with a condition of that undertaking directed by the said officer, fail without lawful excuse to comply with that condition to wit abstain from communicating directly or indirectly with [Individual 2] and [Individual 1] or from going to their residence or places of work contrary to Section 145(5.1) of the Criminal Code;

(c) Between the 3^rd day of August, 2017 and the 5^th day of August, 2017 at the [City] in the said region did without lawful excuse and with intent to harass, repeatedly communicate, or cause repeated communications to be made, with [Individual 3] by a means of telecommunication contrary to section 372(3) of the Criminal Code; and

(d) On or about the 6^th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance the Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail without lawful excuse to comply with that condition to wit not communicate directly or indirectly with [Individual 3] contrary to Section 145(3) of the Criminal Code.

5. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(37) of Ontario Regulation 799/93, in that you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional in that, between April and August 2017, you failed to report charges and/or findings of guilt to the Executive Director of the College, as follows:

(a) On April 3, 2017, you were charged with the following offences, which you did not report:

(i) Between the 22nd day of March, 2017 and the 29th day of March, 2017 at the [City] and [Township] in the said region Northeast knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority engage in threatening conduct directed at [Individual 1] thereby causing [Individual 1] to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(d) of the Criminal Code;

(ii) Between the 22nd day of March, 2017 and the 29th day of March, 2017 at the [City] and the [Township] in the said Region, did being at large on your undertaking given to an officer in charge and being bound to comply with a condition of that undertaking directed by the said officer, fail without lawful excuse to comply with that condition to wit abstain from communicating directly or indirectly with [Individual 2] and [Individual 1] or from going to their residence or places of work contrary to Section 145(5.1) of the Criminal Code;

(iii) On or about the 8th day of March, 2017 at [the Town] in the said region knowing that [Individual 2] is harassed or being reckless as to whether [Individual 2] is harassed did without lawful authority beset or watch the place where [Individual 2] works on [the Highway] in [the Town] thereby causing [Individual 2] to reasonably, in the circumstances, fear for his safety contrary to Section 264(2)(c) of the Criminal Code;

(iv) On or about the 22^nd day of March in the year 2017 at the [City]in the said Region, knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority beset or watch the place where [Individual 1] carries on business [ ] thereby causing [Individual 1] to reasonably, in the circumstances, fear for her safety contrary to Section 264(2)(c) of the Criminal Code;

(b) On May 12, 2017, you were charged with the following offences, which you did not report:

(i) Between the 15^th day of April 2016 and the 22^nd of March, 2017 at the districts [ ] in the said region knowing that [Individual 2] is harassed or being reckless as to whether [Individual 2] is harassed did without lawful authority beset and/or watch and/or repeatedly did follow and/or engaged in threatening conduct toward [Individual 2] thereby causing [Individual 2] to reasonably, in the circumstances, fear for his safety contrary to Section 264(2)(c) of the Criminal Code;

(ii) Between the 15^th of April 2016 and the 22^nd of March 2017 at the districts [ ] knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed, did without lawful authority beset and/or watch and/or repeatedly follow and/or engage in threatening conduct toward [Individual 1] thereby causing [Individual 1] to reasonably, in the circumstances, fear for her safety contrary to Section 264(2)(c) of the Criminal Code;

(c) On August 5, 2017, you were charged with the following offence which you did not report:

(i) Between the 3^rd day of August, 2017 and the 5^th day of August, 2017, at [City] in the said region knowing that [Individual 3] is harassed or being reckless as to whether [Individual 3] is harassed did without lawful authority engage in conduct as set out in Section 264(2) of the Criminal Code, contrary to Section 264(1) of the Criminal Code;

(d) On August 7, 2017, you were charged with the following offences which you did not report:

(i) On or about the 5th day of August, 2017, at the [City] in the said region knowing that [Individual 3] is harassed or being reckless as to whether [Individual 3] is harassed did without lawful authority repeatedly communicate with [Individual 3], either directly or indirectly thereby causing [Individual 3] to reasonably, in all circumstances, fear for his safety contrary to Section 264(2)(b) of the Criminal Code;

(ii) On or about the 6th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance the Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail without lawful excuse to comply with that condition to wit not communicate directly or indirectly with [Individual 3] contrary to Section 145(3) of the Criminal Code; and

(iii) On or about the 6th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance The Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail, without lawful excuse to comply with that condition to wit not to be within 100m of any place where you know [Individual 3] to be at or frequent contrary to Section 145(3) of the Criminal Code.

(e) On August 17, 2017, you were found guilty of the following offences, which you did not report:

(i) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and [Township] in the said region Northeast knowing that [Individual 1] is harassed or being reckless as to whether [Individual 1] is harassed did without lawful authority engage in threatening conduct directed at [Individual 1] thereby causing [Individual 1] to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(d) of the Criminal Code;

(ii) Between the 22^nd day of March, 2017 and the 29^th day of March, 2017 at the [City] and the [Township] in the said Region, did being at large on your undertaking given to an officer in charge and being bound to comply with a condition of that undertaking directed by the said officer, fail without lawful excuse to comply with that condition to wit abstain from communicating directly or indirectly with [Individual 2] and [Individual 1] or from going to their residence or places of work contrary to Section 145(5.1) of the Criminal Code;

(iii) Between the 3^rd day of August, 2017 and the 5^th day of August, 2017 at the [City] in the said region did without lawful excuse and with intent to harass, repeatedly communicate, or cause repeated communications to be made, with [Individual 3] by a means of telecommunication contrary to section 372(3) of the Criminal Code; and

(iv) On or about the 6^th day of August in the year 2017 at the [City] in the said Region, did being at large on your Recognizance the Honourable S.E. Bourbonnais a Justice and being bound to comply with a condition of that Recognizance directed by the said Justice fail without lawful excuse to comply with that condition to wit not communicate directly or indirectly with [Individual 3] contrary to Section 145(3) of the Criminal Code.

Member’s Plea

The Member admitted the allegations set out in paragraphs 1(a)(b)(c)(d), 2(a)(b)(c)(d), 3(a)(i)(ii)(iii)(iv), 3(b)(i)(ii), 3(c)(i), 3(d)(i)(ii)(iii), 4(a)(b)(c)(d) and 5(a)(i)(ii)(iii)(iv), 5(b)(i)(ii), 5(c)(i), 5(d)(i)(ii)(iii), 5(e)(i)(ii)(iii)(iv) in the Notice of Hearing. The Panel conducted an oral plea inquiry, via telephone, as the Member was unable to attend the hearing in person and was satisfied that the Member’s admissions were voluntary, informed and unequivocal.

Agreed Statement of Facts

Counsel for the College and the Member’s Counsel advised the Panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts, which reads as follows:

The Member

1. The Member has been registered with the College as a Registered Nurse since April 25, 1997. At the time of the incidents, the Member was employed at the Northview Nursing Home in Englehart, Ontario as a full-time charge nurse. The Member’s current employer is Dawn of Angels Health, a home care agency in Burlington, Ontario.

2. The Member has a lengthy criminal record. The Member reported criminal findings of guilt to the College in the past, as follows: on January 17, 2009, the Member was found guilty of criminal harassment and breach of probation; and on April 18, 2014, the Member was found guilty of criminal harassment and breach of probation.

3. The Member received a Letter of Caution from the Inquiries, Complaints and Reports Committee, dated February 7, 2014, for, among other things, failure to self-report criminal charges.

Criminal Charges and Convictions

4. Between April and August 2017, the Member was charged with further criminal offences as follows:

April 3, 2017 charges under Information# K7219

• Between March 22 and March 29, 2017, engaging in criminal harassment – threatening conduct against [Individual 1], contrary to s. 264(2)(d) of the Criminal Code; and

• Between March 22 and March 29, 2017, failing to comply with conditions of an undertaking to abstain from communicating with [Individual 2] and [Individual 1] or from going to their residence or places of work, contrary to (s. 145(5.1) of Criminal Code).

April 3, 2017 charges under Information# K7218

• On March 8, 2017, engaging in criminal harassment – beset and watch against [Individual 2], contrary to s. 264(2)(c) of Criminal Code; and

• On March 22, 2017, engaging in criminal harassment – beset and watch against [Individual 1], contrary to s. 264(2)(c) of Criminal Code.

May 12, 2017 charges under Information# K7295

• Between April 15, 2016 and March 22, 2017, engaging in criminal harassment – beset and watch, repeatedly follow, threatening conduct against [Individual 2], contrary to s. 264(2)(c) of Criminal Code; and

• Between April 15, 2016 and March 22, 2017, engaging in criminal harassment – beset and watch, repeatedly follow, threatening conduct against [Individual 1], contrary to s. 264(2)(c) of Criminal Code.

5. In relation to the above noted charges, the Member was romantically involved with [Individual 2] for a period of time prior to the offences. [Individual 1] is [Individual 2’s spouse].

August 5, 2017 charge under Information# 173008

6. Between August 3 and August 5, 2017, engaging in criminal harassment – repeatedly following, repeatedly communicating with, watch and beset, threatening conduct against [Individual 3], contrary to s. 264(1) of Criminal Code.

August 7, 2017 charges under Information# 7533

7. On August 5, 2017, engaging in criminal harassment – repeatedly communicating with [Individual 3], contrary to s. 264(2)(b) of Criminal Code;

8. On August 6, 2017, failing to comply with recognizance directing not to communicate with [Individual 3], contrary to s. 145(3) of Criminal Code; and

9. On August 6, 2017, failing to comply with recognizance directing not to be in 100m of any place where [Individual 3] is known to be at or frequent, contrary to s. 145(3) of Criminal Code.

10. In relation to the above noted charges, the Member was romantically involved with [Individual 3] prior to the offences taking place (and after).

11. The Member did not report any of these charges to the College.

12. All of the above noted matters were heard in the Ontario Court of Justice on August 17, 2017. On that date, the Member pled guilty to, and was found guilty of, charges #1, #2, and #9 noted above. In relation to charge #7, the Member pled guilty to and was found guilty of the lesser offence of harassing communications, contrary to s. 372(3) of the Criminal Code.

13. The other charges were withdrawn.

14. As a result of the four above noted convictions, the Member was sentenced to 90 days jail time and a 24 month probation period.

15. The Member did not report these findings of guilt to the College.

Decision

The College bears the onus of proving the allegations in accordance with the standard of proof, that being the balance of probabilities and based upon clear, cogent and convincing evidence.

Having considered the evidence and the onus and standard of proof, the Panel finds that the Member committed acts of professional misconduct as alleged in paragraphs 1(a)(b)(c)(d), 2(a)(b)(c)(d), 3(a)(i)(ii)(iii)(iv), 3(b)(i)(ii), 3(c)(i), 3(d)(i)(ii)(iii) and 4(a)(b)(c)(d) in the Notice of Hearing. As to allegations 5(a)(i)(ii)(iii)(iv), 5(b)(i)(ii), 5(c)(i), 5(d)(i)(ii)(iii) and 5(e)(i)(ii)(iii)(iv), the Panel finds that the Member engaged in conduct that would reasonably be considered by members of the profession as disgraceful, dishonourable and unprofessional.

Reasons for Decision

The Panel considered the Agreed Statement of Facts and the Member’s plea and finds that this evidence supports findings of professional misconduct as alleged in the Notice of Hearing.

Allegation #1 in the Notice of Hearing is supported by paragraphs 4 to 12 in the Agreed Statement of Facts. On August 17, 2017, the Member pled guilty to, and was found guilty by the Ontario Court of Justice of four offences contrary to the Criminal Code, which were relevant to her suitability to practice.

Allegation #2 in the Notice of Hearing is supported by paragraphs 3 to 15 in the Agreed Statement of Facts. The Member admitted and acknowledged that she did not report any of the above findings of guilt to the College.

Allegation #3 in the Notice of Hearing is supported by paragraphs 3 to 11 in the Agreed Statement of Facts. The Member was charged with ten offences contrary to the Criminal Code and had received a letter of Caution from the Inquires, Complaints and Reports Committee, dated February 7, 2014, for, among other things, failure to self- report criminal charges. The Member acknowledged that she did not report any of these charges to the College.

Allegation #4 in the Notice of Hearing is supported by paragraphs 4 to 15 in the Agreed Statement of Facts. The Member admitted and acknowledged that she did not report any findings of guilt in the criminal proceedings to the Registrar (being the Executive Director) of the College.

With respect to Allegation #5, the Panel finds that Member committed acts of professional misconduct that would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional. The Member’s conduct in failing to self-report criminal charges and finding of guilt in relation to those charges would be considered unprofessional as it demonstrated a serious and persistent disregard for her professional obligations. The Panel also finds that the Member’s conduct was dishonourable. It demonstrated an element of dishonesty and deceit through her failing to report charges and guilty verdicts to the College concerning actions of criminal harassment. Finally, the Panel finds that the Member’s conduct was disgraceful as it shames the Member and by extension the profession. The repeated conduct of failing to report criminal charges and findings of guilt despite a previous letter of caution for similar conduct casts serious doubt on the Member’s moral fitness and inherent ability to discharge the higher obligations the public expects professionals to meet.

Penalty

Counsel for the College and the Member’s Counsel advised the panel that a Joint Submission on Order had been agreed upon. The Joint Submission on Order requests that this panel make an order as follows:

1. Requiring the Member to appear before the Panel to be reprimanded within three months of the date that this Order becomes final.

2. Directing the Executive Director to suspend the Member’s certificate of registration for 12 months. This suspension shall take effect from the date that this Order becomes final and shall continue to run without interruption as long as the Member remains in the practising class.

3. Directing the Executive Director to impose the following terms, conditions and limitations on the Member’s certificate of registration:

a) The Member will attend two meetings with a Regulatory Expert (the “Expert”), at her own expense and within six months from the date of this order. To comply, the Member is required to ensure that:

i. The Expert has expertise in nursing regulation and has been approved by the Director of Professional Conduct (the “Director”) in advance of the meetings;

ii. At least seven days before the first meeting, the Member provides the Expert with a copy of:

1. the Panel’s Order,

2. the Notice of Hearing,

3. the Agreed Statement of Facts,

4. this Joint Submission on Order, and

5. if available, a copy of the Panel’s Decision and Reasons;

iii. Before the first meeting, the Member reviews the following College publications and completes the associated Reflective Questionnaires, online learning modules, decision tools and online participation forms (where applicable):

1. Professional Standards,

2. Mandatory Reporting: A Process Guide for Employers, Facility Operators and Nurses

3. Code of Conduct

iv. At least seven days before the first meeting, the Member provides the Expert with a copy of the completed Reflective Questionnaires, and online participation forms;

v. The subject of the sessions with the Expert will include:

1. the acts or omissions for which the Member was found to have committed professional misconduct,

2. the potential consequences of the misconduct to the Member’s clients, colleagues, profession and self,

3. strategies for preventing the misconduct from recurring,

4. the publications, questionnaires and modules set out above, and

5. the development of a learning plan in collaboration with the Expert;

vi. Within 30 days after the Member has completed the last session, the Member will confirm that the Expert forwards his/her report to the Director, in which the Expert will confirm:

1. the dates the Member attended the sessions,

2. that the Expert received the required documents from the Member,

3. that the Expert reviewed the required documents and subjects with the Member, and

4. the Expert’s assessment of the Member’s insight into her behaviour;

vii. If the Member does not comply with any one or more of the requirements above, the Expert may cancel any session scheduled, even if that results in the Member breaching a term, condition or limitation on her certificate of registration;

b) For a period of 12 months from the date the Member returns to the practice of nursing, the Member will notify her employers of the decision. To comply, the Member is required to:

i. Ensure that the Director is notified of the name, address, and telephone number of all employer(s) within 14 days of commencing or resuming employment in any nursing position;

ii. Provide her employer(s) with a copy of:

1. the Panel’s Order,

2. the Notice of Hearing,

3. the Agreed Statement of Facts,

4. this Joint Submission on Order, and

5. a copy of the Panel’s Decision and Reasons, once available;

iii. Ensure that within 14 days of the commencement or resumption of the Member’s employment in any nursing position, the employer(s) forward(s) a report to the Director, in which it will confirm:

1. that they received a copy of the required documents, and

2. that they agree to notify the Director immediately upon receipt of any information that the Member has breached the standards of practice of the profession.

3. All documents delivered by the Member to the College, the Expert or the employer(s) will be delivered by verifiable method, the proof of which the Member will retain.

Penalty Submissions

Submissions were made by both Counsel for the College and the Member’s Counsel.

Counsel for the College indicated that because the Member admitted to all allegations as set out in the Notice of Hearing, the Panel should consider the admissions as a mitigating factor.

The aggravating factors in this case were:

• The Member had previously received a letter of caution from the College for not self-reporting criminal charges;

• The Member’s unwillingness to obey the law;

• The Member not following her professional obligations on self-reporting of charges and failure to report findings of guilt to the College;

• The Member demonstrated repeated conduct.; and

• The College questions her moral fitness and whether the Member is governable.

Counsel for the College stated that the Joint Submission on Order was the product of negotiations. The agreement reached is reasonable and in the public interest and meets the goals of penalty by striking a balance. The suspension and oral reprimand act as both specific and general deterrents. The penalty sends a strong message to the profession that these actions will not be tolerated. Remediation and rehabilitation are attained through the meeting with the Nursing Expert, as well as through the employer notification. The proposed penalty provides for general deterrence through the reprimand, which sends the message that such conduct with not be tolerated by members of this profession.

Counsel for the College reminded the Panel that the Joint Submission on Order is consistent with other decisions from other panels of the Discipline Committee but highlighted that they are not always perfect parallels.

Counsel for the College submitted cases to the Panel to demonstrate that the proposed penalty fell within the range of similar cases from this Discipline Committee.

CNO v. Noseworthy-Gondermann (Discipline Committee, 2018). The member was not present. Electronic communication between legal counsel indicated that the member would not admit to the allegations against her. The member was charged with 8 separate criminal offences and convicted of one. The member failed to disclose this information to the College. The member’s certificate of registration was revoked.

CNO v. Hardy (Discipline Committee, 2016). The member was not present. In this case the member was found guilty of criminal offences relevant to his suitability to practice. The member failed to report the charges and findings of guilt to the Executive Director of the College. The member’s certificate of registration was revoked.

CNO v. Phillips (Discipline Committee, 2006). In this case the member was found guilty of a criminal offence that was relevant to his suitability to practice. The member was given an oral reprimand, a five month suspension and 24 month employer notification.

The Member’s Counsel indicated that he agreed with the College’s submissions and requested that the Panel strongly consider the following mitigating factors:

• The Member’s criminal actions were signs of her mental health struggles, requiring treatment from medical professionals. The Member has since been under the care of a physician; and

• The Member appeared to be ungovernable, but today, the Member , has made remarkable progress and appears to be a brand new individual.

Penalty Decision

The panel accepts the Joint Submission on Order and accordingly orders:

1. The Member is required to appear before the Panel to be reprimanded within three months of the date that this Order becomes final.

2. The Executive Director is directed to suspend the Member’s certificate of registration for 12 months. This suspension shall take effect from the date that this Order becomes final and shall continue to run without interruption as long as the Member remains in the practising class.

3. The Executive Director is directed to impose the following terms, conditions and limitations on the Member’s certificate of registration:

a) The Member will attend two meetings with a Regulatory Expert (the “Expert”), at her own expense and within six months from the date of this order. To comply, the Member is required to ensure that:

i. The Expert has expertise in nursing regulation and has been approved by the Director of Professional Conduct (the “Director”) in advance of the meetings;

ii. At least seven days before the first meeting, the Member provides the Expert with a copy of:

1. the Panel’s Order,

2. the Notice of Hearing,

3. the Agreed Statement of Facts,

4. this Joint Submission on Order, and

5. if available, a copy of the Panel’s Decision and Reasons;

iii. Before the first meeting, the Member reviews the following College publications and completes the associated Reflective Questionnaires, online learning modules, decision tools and online participation forms (where applicable):

1. Professional Standards,

2. Mandatory Reporting: A Process Guide for Employers, Facility Operators and Nurses

3. Code of Conduct

iv. At least seven days before the first meeting, the Member provides the Expert with a copy of the completed Reflective Questionnaires, and online participation forms;

v. The subject of the sessions with the Expert will include:

1. the acts or omissions for which the Member was found to have committed professional misconduct,

2. the potential consequences of the misconduct to the Member’s clients, colleagues, profession and self,

3. strategies for preventing the misconduct from recurring,

4. the publications, questionnaires and modules set out above, and

5. the development of a learning plan in collaboration with the Expert;

vi. Within 30 days after the Member has completed the last session, the Member will confirm that the Expert forwards his/her report to the Director, in which the Expert will confirm:

1. the dates the Member attended the sessions,

2. that the Expert received the required documents from the Member,

3. that the Expert reviewed the required documents and subjects with the Member, and

4. the Expert’s assessment of the Member’s insight into her behaviour;

vii. If the Member does not comply with any one or more of the requirements above, the Expert may cancel any session scheduled, even if that results in the Member breaching a term, condition or limitation on her certificate of registration;

b) For a period of 12 months from the date the Member returns to the practice of nursing, the Member will notify her employers of the decision. To comply, the Member is required to:

i. Ensure that the Director is notified of the name, address, and telephone number of all employer(s) within 14 days of commencing or resuming employment in any nursing position;

ii. Provide her employer(s) with a copy of:

1. the Panel’s Order,

2. the Notice of Hearing,

3. the Agreed Statement of Facts,

4. this Joint Submission on Order, and

5. a copy of the Panel’s Decision and Reasons, once available;

iii. Ensure that within 14 days of the commencement or resumption of the Member’s employment in any nursing position, the employer(s) forward(s) a report to the Director, in which it will confirm:

1. that they received a copy of the required documents, and

2. that they agree to notify the Director immediately upon receipt of any information that the Member has breached the standards of practice of the profession.

3. All documents delivered by the Member to the College, the Expert or the employer(s) will be delivered by verifiable method, the proof of which the Member will retain.

Reasons for Penalty Decision

The Panel understands that the penalty ordered should protect the public and enhance public confidence in the ability of the College to regulate nurses. This is achieved through a penalty that addresses specific deterrence, general deterrence and, where appropriate, rehabilitation and remediation. The Panel also considered the penalty in light of the principle that joint submissions should not be interfered with lightly.

The Panel concluded that the proposed penalty is reasonable and in the public interest. The Member has co-operated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility. The Panel finds that the penalty satisfies the principles of specific and general deterrence, rehabilitation and remediation, and public protection.

The penalty is in line with what has been ordered in previous cases.

I, Ingrid Wiltshire-Stoby, NP, sign this decision and reasons for the decision as Chairperson of this Discipline panel and on behalf of the members of the Discipline panel.