COURT FILE NO.: 2811 998
DATE: February 10, 2012
Citation: R. v. Carter, 2012 ONCJ 142
ONTARIO COURT OF JUSTICE
(Central East Region)
B E T W E E N:
Her Majesty The Queen
M. Gillen, Counsel for the Crown
- and -
Gregory Carter
G. Lafontaine, L. Thomas Counsel for the Defendant
HEARD: June 13, 15, 16, 21, 23 – 29, 2011, July 14, 2011 and December 13, 20, 2011
REASONS FOR JUDGMENT
BELLEFONTAINE, J:
[1] These are my reasons for judgment in the matter of Mr. Gregory Carter who is charged with three counts of fraud for fees paid to him for counseling services and court child custody assessments. The fraud charges result from him not advising his clients he is a psychological associate as opposed to a psychologist and from him using the term “Doctor” in relation to his lawful provision of psychological services when the College of Psychologists had refused to license him as a doctor of psychology on the basis that his otherwise valid doctorate does not meet a number of the College’s requirements. The three complainants lost custody of their children in the ensuing court proceedings and believe Mr. Carter’s negative assessment of them was in large part the cause.
[2] The issues in the case are whether Mr. Carter’s representation’s are proven to be acts of deceit or other fraudulent means, whether his representations have caused any financial loss or risk of such loss to the named complainants and whether Mr. Carter was aware of, or reckless in regard to, the risk of loss his representation exposed the complainants to.
OVERVIEW
[3] Mr. Carter is a psychological associate and was licensed to practice psychology in the Province of Ontario by the College of Psychologists on October 18, 2000. Mr. Carter had extensive experience and training leading up to his obtaining his license. After teaching English for a number of years, he pursued further education and obtained an undergraduate and masters degree in psychology. He worked for many years in school psychology, providing counseling to students and doing psychological testing. He returned again for higher education and attended Wayne State University to obtain his doctorate. After eight years, he had not completed his thesis within the required time limit and left the program to return to work in the counseling field. He ultimately completed his doctorate by correspondence through Pacific Western University which gave him credit for most of his Wayne State courses. The Crown accepts that Pacific Western University was an accredited institution and that he has a valid doctoral degree. He received the degree of Doctor of Philosophy in clinical psychology and is entitled to call himself “Doctor”. From Mr. Carter’s perspective, his doctoral education was rigorous