On April 6, 2020, on the basis of agreed facts and admission, the Discipline Committee (the “Committee”) of the College of Physicians and Surgeons of Ontario found that Dr.Avtar Singh Dhanoa committed an act of professional misconduct. The Committee set out its penalty and costs order with written reasons to follow.
FACTS
Dr. Dhanoa is a 60-year-old family physician practicing in Brampton, Ontario. He obtained his certificate of registration authorizing independent practice from the College in 1993.
April 2016 criminal charges
On April 3, 2016, Dr. Dhanoa was charged with three criminal offences (the “April 2016 charges”):
- Threatening death, contrary to s. 264.1(1)(a) of the Criminal Code of Canada;
- Having in his possession a weapon, to wit a knife, for a purpose dangerous to the public peace, contrary to s. 88(1) of the Criminal Code of Canada; and
- Having in his possession a prohibited weapon, to wit a knife, capable of being opened by centrifugal force, contrary to s. 91(2) of the Criminal Code of Canada.
Dr. Dhanoa failed to report the April 2016 charges to the College, contrary to s. 85.6.4 of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991 (the “Code”).
Dr. Dhanoa was released on a recognizance of bail, with conditions (the “April 2016 bail conditions”). Dr. Dhanoa failed to report his April 2016 bail conditions to the College, contrary to s. 85.6.4 of the Code.
The College did not learn of the April 2016 charges, or the April 2016 bail conditions, until September 2018, during the College’s investigation of the December 2016 charges (described below), which included an allegation that he had breached his April 2016 bail conditions.
On April 27, 2016, Dr. Dhanoa completed his 2016 CPSO Annual Renewal Form. In doing so, Dr. Dhanoa failed to disclose the April 2016 charges. He falsely answered “No” to the question , April 1, 2015, have you been charged with any offence in Canada or elsewhere?”
On January 11, 2017, the April 2016 charges were withdrawn, and Dr. Dhanoa entered into a peace bond under s. 810 of the Criminal Code.
December 2016 criminal charges
On December 6, 2016, Dr. Dhanoa was charged with three criminal offences (the “December 2016 charges”):
- Operating a motor vehicle while impaired contrary to s. 253(1)(a) of the Criminal Code of Canada;
- Operating a motor while having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood contrary to s. 253(1)(b) of the Criminal Code of Canada; and
- Failing to comply with his recognizance of bail contrary to s. 145(3) of the Criminal Code of Canada.
Contrary to s. 85.6.4 of the Code, Dr. Dhanoa failed to report the December 2016 charges to the College until April 25, 2018.
On December 7, 2016, Dr. Dhanoa was released on a recognisance of bail, with conditions (the “December 2016 bail conditions”), including that he not buy, possess or consume alcohol. Dr. Dhanoa failed to report his December 2016 bail conditions to the College, contrary to s. 85.6.4 of the Code. The College did not learn of Dr. Dhanoa’s December 2016 bail conditions until April 2018, during its investigation of the December 2016 charges. On June 1, 2017, Dr. Dhanoa completed his 2017 CPSO Annual Renewal Form, as attached at Tab 9 of the Agreed Statement of Facts and Admission (Liability). In doing so, Dr. Dhanoa failed to disclose the December 2016 charges. He falsely answered “No” to the question, “Since April 1, 2016, have you been charged with, and/or found guilty of, any offences in Canada or elsewhere? (Include all offences under the Criminal Code of Canada, the controlled Drugs and Substances Act, the Food and Drugs Act, the Health Insurance Act, and/or related legislation in any province or jurisdiction. In addition, include any other offences related to the practice of medicine.)”
On November 1, 2017, Dr. Dhanoa pleaded guilty to, was found guilty of, operating a motor vehicle while impaired contrary to s. 253(1)(a) of the Criminal Code of Canada. The other two charges were withdrawn. By way of sentencing, Dr. Dhanoa was prohibited from driving for 12 months, fined $1,000, and ordered to pay a $300 victim surcharge. Contrary to s. 85.6.1 of the Code, Dr. Dhanoa failed to report the finding of guilt on the December 2016 offence of operating a motor vehicle while impaired to the College in a timely manner. Dr. Dhanoa did not report the finding of guilt on the offence of operating a motor vehicle while impaired until April 25, 2018. The offence of operating a motor vehicle while impaired contrary to s. 253(1)(a) of the Criminal Code of Canada, of which Dr. Dhanoa was found guilty, is relevant to his suitability to practise.
August 2017 criminal charges
On August 4, 2017, Dr. Dhanoa was charged with three criminal offences (the “August 2017 charges”):
- Assault, contrary to s. 266 of the Criminal Code of Canada;
- Failing to comply with a recognizance of bail, contrary to s. 145(3) of the Criminal Code of Canada; and
- Failing to comply with a recognizance, contrary to s. 811 of the Criminal Code of Canada.
Contrary to s. 85.6.4 of the Code, Dr. Dhanoa failed to report the August 2017 charges to the College in a timely manner. He did not report them to the College until April 25, 2018.
On March 26, 2018, Dr. Dhanoa pleaded guilty to, and was found guilty of, assault, contrary to s. 266 of the Criminal Code of Canada. The other two charges were withdrawn. By way of sentencing, Dr. Dhanoa was given a conditional discharge, placed on probation for three (3) years, ordered to submit his DNA, and was ordered to pay a $100 victim surcharge.
Contrary to s. 85.6.1 of the Code, Dr. Dhanoa failed to report the finding of guilt on the August 2017 charge of assault to the College in a timely manner. Dr. Dhanoa did not disclose it to the College until April 25, 2018. The offence of assault contrary to s. 266 of the Criminal Code of Canada, of which Dr. Dhanoa was found guilty, is relevant to his suitability to practise.
FINDING
The Committee found that Dr. Dhanoa committed an act of professional misconduct under clause 51(1)(a) of the Health Professions Procedural Code, in that he has been found guilty of an offence that is relevant to his suitability to practise; and under paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that he has engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
PENALTY AND COSTS
The Committee directed the Registrar to suspend Dr. Dhanoa’s certificate of registration for a period of five (5) months, commencing from April 8, 2020 at 12:01 a.m.
The Committee directed the Registrar to place the following terms, conditions and limitations on Dr. Dhanoa’s certificate of registration:
- Dr. Dhanoa shall comply with the College Policy “Closing a Medical Practice”;
- Dr. Dhanoa will participate in the PROBE Ethics & Boundaries Program offered by the Centre for Personalized Education for Professionals (“the PROBE program”) by receiving a passing evaluation or grade, without any condition or qualification. Dr. Dhanoa will complete the PROBE program within six (6) months of the date of this Order, and will provide proof to the College of his completion, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it.
The Committee ordered Dr. Dhanoa to pay costs to the College in the amount of $6,000.00 within thirty (30) days from the date of the Order.o
DECISION AND REASONS
On June 26, 2020, the Committee released its full Decision and Reasons in this matter, available for review on the College’s website.
Terms and conditions imposed on certificate by: Discipline Committee
