Stephanie Swayne

The applicant physician applied for reinstatement of his certificate of registration, which was revoked in 2019 for sexual abuse of a patient.

The College did not oppose the application.

The Tribunal found that the applicant had engaged in extensive rehabilitation, including psychotherapy and boundaries courses, and demonstrated significant insight and remorse.

Concluding that the risk of future misconduct was low and manageable, the Tribunal granted the reinstatement subject to strict terms, conditions, and limitations, including clinical supervision and practice assessments.

The accused pleaded guilty to one count of sexual interference contrary to s. 151(b) of the Criminal Code.

The offence involved sexual touching and fellatio with a 14-year-old complainant when the accused was 20 years old.

The conduct occurred between September 2017 and October 2017 at a church where both parties attended.

The court imposed a six-month conditional sentence with an initial three-month period of virtual house arrest, followed by probation.

The sentencing decision balanced the serious nature of the offence and the need for denunciation and general deterrence against significant mitigating factors including the accused's youth, lack of criminal record, genuine remorse, successful completion of counselling, and low risk of reoffence.

The offender was convicted of multiple counts of assault, assault with a weapon, aggravated assault, and mischief against his intimate partner and her son over a 15-month period.

The assaults caused permanent and life-altering injuries to the partner, including facial disfigurement.

The Crown sought a global sentence of 5 years imprisonment, while the defence sought a suspended or minimal custodial sentence.

The court emphasized denunciation and deterrence but also considered the offender's youth, lack of criminal record, and rehabilitative potential.

The offender was sentenced to a global custodial term of two years less a day, followed by three years of probation.