Five years after a toughening of the penalty for sexual misconduct in professional orders, more than 40% of workers convicted have received a more lenient sentence than the minimum five years provided for by law.
• Read also: Having already been struck off for 2 years, a gynecologist would still have made sexual remarks to a patient
“I’m disappointed, but not surprised,” reacts lawyer Marc Bellemare, who has been defending victims of crime for 40 years.
“Disciplinary law requires a very high level of proof, like in criminal matters,” he says. Citizens are much more tough on crime than judges. »
Minimum penalty of 5 years
Sexual relationship, inappropriate comments, aggression, romantic feelings: professionals are found guilty of sexual misconduct every year in the context of their practice.
The vast majority work in health or in a helping relationship. Obviously, these actions can have devastating consequences for the victims, who are often vulnerable.
Since June 2017, the Professional Code of Quebec imposes a minimum radiation of five years for the 46 professional orders.
“Sexual misconduct is behavior that society no longer tolerates,” read several judgments.
However, 29 of the 70 convicted professionals (41%) have had a radiation lower than the minimum since that time, according to data from the Office of the Presidents of the Disciplinary Councils obtained by The newspaper.
The Office of Presidents emphasizes that the five-year debarment is a minimum, “unless he (the respondent) convinces the board that a debarment of a lesser duration would be justified in the circumstances”, we wrote by email.
“The new law does not introduce a real “minimum penalty” of five years of radiation […]but rather a minimum sanction, adjustable upwards or downwards, according to various criteria enshrined in the law”, writes Marco Laverdière, professor of law at the University of Sherbrooke.
The seriousness of the facts, the professional’s clean file and his conduct during the investigation can influence the sanction. Some professionals have only been deregistered for 18 months. Penalties appealed have also been reduced (see excerpts from judgments).
In the worst cases (assaults, rapes), professionals have had their licenses revoked. Others received long radiations, up to 10 years, and limitations of practice.
Clemency for doctors?
On the side of the College of Physicians of Quebec (CMQ), half of the 18 convicted professionals got away with less than five years of radiation, including Dr. Allan B. Climan in 2019 (see other text).
“Before all the courts, doctors enjoy a certain leniency. […] The judges hesitate and look at the consequences, ”believes Me Bellemare.
Despite everything, the lawyer encourages the victims to persevere.
“Sex crimes are so hated in society that you have to push the machine. […] We must ask for tougher sentences, and never give up. »
The Office of Presidents and the CMQ refused our request for an interview.
PROFESSIONALS DISMISSED FOR SEXUAL MISCONDUCT SINCE 2017 (Lower Radiation at 5)
Doctors : 18 (9)
Psychologists: 14 (5)
Nurses: 12 (4)
Physiotherapists: 6 (2)
Social workers : 5 (2)
Auxiliary nurses: 3 (0)
Acupuncturists: 3 (0)
Psychoeducators: 2 (2)
Lawyers: 2 (1)
Pharmacists: 1 (1)
Occupational therapists: 1 (1)
Dentists: 1 (1)
Sexologists: 1 (1)
Chiropractors: 1 (0)
Total : 70 (29) 41%
Editor’s note: some decisions have been appealed to the Tribunal des professions, the sanction could therefore be modified.
Source: Office of the Presidents of the Disciplinary Councils, decisions rendered since June 2017
Examples of Sanctions Under 5 Years
A repeat offender expelled for three years
Photo archives, Ben Pelosse
Psychologist Karl-Philippe Beaudoin was recently disbarred for three years for sending sexual messages to a patient who had consulted him for help. He had already been disbarred for two months for another sexual misconduct, in 2016.
Psychologist Karl-Philippe Beaudoin was expelled for three years, last March, for having sent several explicit sexual messages for two months to a patient who consulted him for help, in 2018.
“Honestly, you really are a dream creature, a deliciously pretty and adorable girl. And as it would say [sic] kids lol you smell like candy and I add like candy that melts in your mouth,” the judgment read.
Mr. Beaudoin even had a disciplinary record (two months radiation), for having had sexual relations with an intern in 2016, indicates the judgment.
It was the client who ended the relationship, having lost trust, we read. Both parties had suggested a three-year joint debarment.
“The Council is surprised by the lack of proof of repentance and of steps to rehabilitate the respondent and can only fear a high risk of recidivism”, it was noted.
Three vaginal examinations
Physiotherapist David Michael was disbarred for 18 months in 2020 for touching a patient’s vagina three times during treatment.
The 21-year-old patient was followed for back pain in 2019 in Dorval. During a treatment, Mr. Michael would have palpated the woman down to the lower back, “then passing his hands under the client’s leggings and her panties up to the sacrum, without however asking her permission. and without warning,” reads the judgment.
The physiotherapist would also have stood near the treatment table, so that the patient “grazes his penis which she considers to be erect”. Mr. Michael also allegedly touched the vaginal area three times, which caused the client to feel unwell and cry, it said.
Mr Michael had pleaded not guilty to the charge and claimed accidental touching.
“It’s not about friction or direct touches on the skin, but through clothes. There is also no sexual penetration. This criterion works in favor of the respondent in the imposition of a disbarment period of less than five years,” the decision read.
Mr. Michael had agreed to stop practicing pending the hearing. He was fired by his employer.
Photo of a penis to a patient
Dr. Martin E. Goldstein was disbarred for three years, in 2021, for sending six sexts and a photo of a penis to a patient.
The family doctor had developed an intimate relationship with a patient, and he texted her in English saying, “What a great day for a blowjob” (What a nice day for a blow job). According to the doctor, these messages were not “pornographic”.
He also sent a photo of a penis to the latter, which was not his, in response to a photo of her breasts that she had sent him, we read.
He also admitted having had “emotional infidelity” with the patient. The trustee was asking for a five-year strike, and the respondent was suggesting 12 months.
Gynecologist challenges emergency radiation
Archival photo
Gynecologist for nearly 40 years, Dr. Allan B. Climan disputes the request for temporary radiation following inappropriate sexual remarks. He had returned from radiation for less than a year at the time of the alleged facts.
A 73-year-old gynecologist disputes the request of the College of Physicians who want to strike him off urgently for having again made sexual remarks to a patient, even if he would have recognized that it was “inappropriate”.
Nine months after having served a two-year radiation imposed in 2019 for sexual remarks, therefore below the minimum threshold of five years, Dr. Allan B. Climan is again accused of inappropriate remarks by the syndic of the Collège des médecins du Québec (CMQ). Employees of the Jewish General Hospital in Montreal filed a complaint.
A “deep” problem
The trustee has filed a motion demanding the immediate disbarment of Dr. Climan, until a final decision is rendered in this case. The doctor was supposed to testify in his defense yesterday, but he changed his mind.
“He has a deep behavior problem, said Me Patrick De Niverville, of the syndic. Although the alarm bells are ringing from all sides, all sides, Dr. Climan does not change his behavior. »
At the end of a gynecological examination in the delivery room on April 22, the Dr said to a patient in English: “Thank you for the good time” (Thank you for the good time), testified a nurse.
The patient who does not speak English, and whose identity is protected, has no memory of this comment. According to the syndic, the doctor even admitted to having made these remarks during a meeting at the CMQ last June, and described them as “inappropriate” (inappropriate).
Under oath, the patient’s spouse also said Monday that Dr. Climan made jokes about their sex life.
The baby in danger
The same evening, the trustee also accuses the doctor of having carried out a gynecological examination without being assisted by a woman, as provided for in his limitation of practice since July 2021.
Yesterday Dr Climan’s lawyer, Christine Kark, cited a health hazard to the baby as the reason for the unsupervised examination.
“There is no rush to write it off. The protection of the public is simply not in jeopardy,” said Mr. Kark.
The Board is expected to issue a decision soon on the interim delisting. Until then, Dr. Climan has pledged not to practice.