The appellant physician appealed a finding of professional misconduct and the resulting penalty (a reprimand and three-month suspension) imposed by the Discipline Committee.
The misconduct was based on criminal findings of guilt for domestic violence offences for which the appellant received an absolute discharge.
The appellant argued that the provincial legislation allowing discipline based on a criminal finding of guilt was unconstitutional on division of powers grounds because it conflicted with the federal Criminal Records Act provisions regarding discharges.
The Divisional Court dismissed the appeal, finding no operational conflict or frustration of purpose between the statutes.
The Court also upheld the admission of the criminal records, the finding that domestic violence is relevant to a physician's suitability to practise, the penalty imposed, and the Committee's jurisdiction to award costs for preliminary motions.
