The Province of Ontario

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The Province of Ontario And The College of
Physicians and Surgeons of Ontario
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Ontario
Toronto Pop. 4,750,00
Area 1,068,580 Sq. K.
Population 11,874,400
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Ontario
Canada
A Confederation of Provinces Residual
Power Federal
One of the provinces Health is a provincial Power
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Medical Licensing

• A provincial matter
• Every province and territory has a
• medical licensing authority
• In Ontario that authority is called
• The College of Physicians and Surgeons
• 
  of Ontario

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College of Physicians and Surgeons Of Ontario

• Founded out of previous body in 1866
• Roughly patterned on then model in Great Britain
• Statutory Corporation
• Social contract based
• Self regulation with very strict political
  accountability

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Ontario Health Regulation

• 21 Colleges
• Regulate 24 Professions
• All self regulation with heavy government
  supervision
• Most self funding, some supported
• Highly prescriptive legislation
• Some court awarded autonomy
• Heavy access to courts
• Fairly deferential judiciary on some issues

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Functions of Colleges

• Registration
• Investigation and Resolution
• of complaints
• Discipline
• Quality Management
• Patient Relations
• Fitness To Practice

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Discipline

• Hearings before Committee
• 3 docs and 2 public
• Statutory hearing/rules of court
• Huge expense and investment of time
• Pre hearing conference required by rules

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Pre-Hearing Conferences

• Required by rules
• Before member of tribunal not to sit
• Date set after consultation with parties
• Senior counsel must attend
• Officer may direct electronic meeting

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Memoranda

• Prosecutor to deliver form 6A 20 days
• before conference date
• Defense shall deliver 10 days before
• Officer may direct further and better
• memo at a time specified
• No requirement to disclose evidence
• not otherwise producible

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Form 6A

• Background Information
• Settlement and Agreements
• Additional Steps Before Hearing
• Planning the Hearing
• Conference Checklist

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Proceedure
The Check List

• Disclosure
• Expert Reports
• Narrowing the Issues
• When and How Long?
• Document Books and Statements of Fact
• Issues Requiring Direction
• Other Assistance By Chair
• Formal Report By Pre Hearing Chair

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Does It Work?
Sometimes and always
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Always

• Gets Counsel to turn their mind
• to the matter
• Obliges Counsel to push the client
• to take a position
• Facilitates settlement, plea or agreement
• Moves the matter forward
• Injects some reality into the rhetoric

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Sometimes

• Depends on
• Nature of the matter
• Personality of Counsel
• Skill of Officer
• Personality of member
• Climate surrounding case
• Position of the complainant

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Is It Worth It?
Yes
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Pitfalls

• Public Perception
• Expectations of profession
• Fears of the profession
• Error issues

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New Way of Regulating
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College of Physicians and Surgeons Of Ontario
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