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ARTICLE · 13 MAY 2022

Criminal Records: An Accidental Trilogy – What Regulators Should Know About Discharges

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It has been a hot minute and a pandemic later since I have had an opportunity to write about criminal record.

CanadaCriminal Law
Debra McKenna
Debra McKenna
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It has been a hot minute and a pandemic later since I have had an opportunity to write about criminal records (What You Need to Know about Police Record Checks and Criminal Records Redux). But, not unlike the excitement for some of the prospect of a new Star Wars episode or the return (yet again) of flared jeans, you can imagine my delight when I came across the Divisional Court's recent decision in Dr. Jha v. College of Physicians and Surgeons of Ontario and a chance to talk about the Criminal Records Act once again.1

This decision is super interesting! To set the stage, under the Health Professions Procedural Code ("HPPC"), section 51(1)(a) provides that a discipline panel shall find a member has committed an act of professional misconduct where "the member has been found guilty of an offence that is relevant to the member's suitability to practise."2 In this case, Dr. Jha had been charged and was "found guilty" of assault under the Criminal Code arising from an

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