The member moved to stay disciplinary proceedings arising from alleged unauthorized access to child protection records and online disclosure of confidential information until the completion of related criminal and Provincial Offences Act proceedings.
Applying the RJR-MacDonald framework and the principle that stays of parallel civil or disciplinary proceedings are exceptional, the panel found the asserted prejudice to fair trial rights was speculative and unsupported by clear evidence.
The panel held that overlap in underlying facts did not eliminate the distinct public protection purpose, issues, and standard of proof in the discipline matter.
The balance of convenience favoured the College and the public interest in timely professional regulation, particularly given the seriousness of the allegations, prior delay, and the indefinite nature of the requested stay.
The motion was dismissed and the parties were directed to schedule the discipline hearing.
