S. Hopkins

The offender, a traditional Chinese medicine practitioner, was found guilty of a historical sexual assault against a patient during an examination in 1992.

The Crown sought 60 days incarceration, while the defence sought an absolute discharge.

The court emphasized the breach of trust and the need for denunciation and general deterrence, rejecting a discharge.

Considering the offender's lack of prior record, positive community contributions, and the impact of the COVID-19 pandemic, the court imposed a 60-day conditional sentence followed by three years' probation, along with mandatory DNA, weapons prohibition, and SOIRA orders.

The accused, a practitioner of Traditional Chinese Medicine, was charged with sexually assaulting a patient during an internal examination in 2004 or 2005.

The Crown alleged the examination was not a legitimate medical practice and that the complainant's consent was vitiated by fraud.

The court admitted expert evidence on Traditional Chinese Medicine but found it insufficient to prove beyond a reasonable doubt that the accused's actions fell outside the unregulated practices of the time or that he knowingly breached provincial regulations.

The accused was acquitted.

The accused, a Traditional Chinese Medicine practitioner, was charged with three counts of sexual assault against three former patients.

The Crown alleged the accused touched the complainants in a sexual manner under the guise of 'energy work' and medical treatment.

The court dismissed the Crown's similar fact application, finding the evidence across counts was either not probative of the sexual nature of the touching or too dissimilar.

The court acquitted the accused on all counts, finding the testimony of one complainant unreliable and harbouring a reasonable doubt as to whether the touching of the other two complainants was of a sexual nature rather than for a clinical purpose.