Psychologists Defence Lawyer

In Canada, the regulation and licensing of psychologists, akin to many other professions, is typically governed by provincial authorities. This serves to ensure that practitioners meet the expected high standards of education, licensure, and professional conduct. Each province in Canada is tasked with overseeing the professionals working within its jurisdiction. They each set their own specific regulations and requirements.

In Ontario, the College of Psychologists plays a highly significant role in terms of regulating the practice of psychology. This includes the oversight of psychological practitioners, psychologists, and psychological associates, with the ultimate overarching goal of upholding public safety via stringent monitoring and regulation. The legislative framework for these professionals, specifically for psychologists, encompasses the Regulated Health Professions Act, 1991, the Psychology Act, 1991, and the Standards of Professional Conduct, 2017. The governance of the College is overseen by a Council. This council is made up of ten professional members who are elected or appointed by the profession, along with five to eight public members selected by the Lieutenant Governor in Council.

What Responsibilities Does the College of Psychologists of Ontario Have?

The College of Psychologists of Ontario has a number of highly important obligations and responsibilities. These can encompass establishing the requirements for practice, administering examinations, and registering qualified psychologists. It also involves outlining practice and ethical standards, implementing quality assurance programs, educating the public about the practice of psychology, and investigating and addressing issues regarding the quality of service or the conduct of psychologists. One of the key roles of the College is to deal with concerns and complaints about psychologists and psychological associates. The College reviews formal complaints, investigates them thoroughly, and, if professional misconduct is identified, implements appropriate disciplinary measures.

What Happens When a Complaint is Filed?

Once the College receives a formal complaint, they acknowledge it within fourteen days and notify the implicated psychologist, providing them with a copy of the complaint. The psychologist is then given an opportunity to respond, often including their clinical records as part of their response. The complainant is allowed to review the psychologist’s response and provide further input if necessary. Following this exchange, the Inquiries, Complaints, and Reports Committee (ICRC) reviews the complaint using a Risk Assessment Framework. This framework considers factors such as the potential impact on public trust, the psychologist’s conduct history, and the seriousness of the allegations.

The ICRC can decide on several courses of action based on their investigation. If they determine that the psychologist’s conduct does not pose a risk to the public, they may choose to take no further action. For lower-risk issues, the ICRC might help provide the psychologist methods and strategies to mitigate any future risks or prevent future infractions. For moderate risks, the psychologist may be instructed to adopt changes in their practice or seek mentorship. If the risk is deemed moderate, the psychologist might be called to receive a formal warning from the College. This might be noted in their record for reference during any other future infractions. In cases where moderate risks are identified, the ICRC may require that the psychologist partakes in specific continuing education or remediation programs. High-risk cases are referred to the Discipline Committee for a full disciplinary hearing.

Professional Regulation in Canada

Donich Law - Assault Punishments

What Happens at a Discipline Hearing?

The Discipline Committee operates in a manner similar to a court of law, conducting public hearings where evidence is presented under oath, and witnesses are subject to examination and cross-examination. Both the complainant and the College of Psychologists of Ontario are typically represented by legal counsel. The Committee follows strict procedural rules and, after all evidence has been presented, comes to a decision. Some possible outcomes might involve revocation or suspension of the psychologist’s registration, imposition of terms, conditions, and limitations on the psychologist’s certificate of registration, reprimands, or fines payable to the government of Ontario. Additionally, the College may recommend educational or coaching programs as part of the disciplinary measures.

What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?

A client or any other individual may choose to file a formal complaint against a psychologist for a number of reasons. Some examples might include not upholding professional standards, abusing clients (can include sexual, physical, emotional, verbal abuse), practicing while intoxicated or incapacitated, halting essential services without the consent of the client, pursuing conflicts of interest, failing to provide clear explanations to clients, and charging exorbitant and unreasonable fees.

What Penalties Can Psychologists Face as a Result of a Complaint?

Penalties for professional misconduct can be severe and varied depending on how serious the infraction was. Some examples could include formal reprimands, fines payable to the government of Ontario, the suspension or revocation of the psychologist’s registration, terms, restrictions, and practice limitations, and requiring the psychologist to partake in educational or remedial programs. This might include an ethics course.

Understanding Workplace Investigations

When Does the College of Psychologists of Ontario Not Have the Authority to Act on a Complaint?

The College is not permitted to address complaints against unregulated practitioners or resolve employment or labor disputes that do not pertain to professional standards. This is outside their scope of practice. Moreover, the College cannot substitute its judgment for that of a psychologist’s professional opinion or compel a psychologist to alter their professional reports or opinions.

How to Defend a Formal Complaint Made to the College of Psychologists of Ontario

Psychologists facing complaints should seek qualified legal counsel immediately. The defense strategy will depend on the specific allegations and facts of the case. A psychologist might demonstrate adherence to professional standards and the duty of care required. Legal counsel can help draft appropriate responses and provide strategic defense plans, ensuring the psychologist’s actions were necessary and appropriate under the circumstances.

Making a Report to the College of Psychologists of Ontario

Individuals who have concerns with a particular psychologist but do not want to file a formal complaint or be involved in the investigative process still have the option to file a complaint to the College. The Registrar then reviews the report and decides on the next steps. The individual who files a report does not have to participate in investigations and do not receive updates or outcomes, nor can they seek a review of the decision reached based on their report.

Sexual Abuse by Registered Psychologist

The College has a strict zero-tolerance policy for sexual abuse or any other forms of abuse by psychologists. Clients who experience such abuse can file a complaint, and the College may provide funding for therapy or counseling to eligible clients who allege such abuse.

To sum up, the College of Psychologists of Ontario plays an indispensable role in upholding the standards of psychological practice in Ontario. Through rigorous oversight, regulation, monitoring, and disciplinary processes, the College’s role is to make sure that psychologists continue to comply with high standards of conduct and practice. The ultimately goal of this regulation is to ensure safety the public and to uphold the high level of trust placed in the profession. For any concerns or complaints, individuals are encouraged to contact the College to initiate the appropriate proceedings and seek resolution.

Donich Law - In the News
Donich Law - In the News - Media Logos

Breakfast Television

Mental Health Concerns in the Justice System.

CP24

The Difference between Criminal and Civil Liability.

CTV News National

The Rise of Gun Violence in Toronto.

Global News

New Changes to Pardons in Canada.

Recent Law

Mor v. College of Psychologists of Ontario, 2019 CanLII 46683 (ON HPARB)

In this case, A.M. appealed the College’s decision to reject her a certificate of registration as a psychological associate. The Court asserted that her Master’s degree from Athabasca University met the necessary requirements. The College tried to state that her degree did not include a full academic year of resident graduate study, a non-exemptible requirement. The Health Professions Appeal and Review Board reviewed the evidence, including significant in-person components of her program and supervised practicum hours. The Board found that the blended program does, in fact, meet the requirements to become a psychological associate, and brought the matter back to the College for re-examination. The Board noted that regulations and their interpretations should evolve with educational advancements.

Marshall v. College of Psychologists of Ontario, 2018 ONSC 6282

Here, Dr. L. M. appealed the decision of the College to reject his registration as a psychologist authorized for supervised practice. Dr. Marshall’s PhD in Developmental Psychology from Queen’s University was not accredited by the Canadian Psychological Association. Despite his large amounts of clinical experience and professional contributions and publications, the College and the Health Professions Appeal and Review Board (HPARB) upheld the denial, stating his program did not meet the equivalency requirements set forth in Regulation 74/15. The Court ultimately held that the HPARB’s interpretation of the regulation was reasonable, emphasizing that only education obtained within the PhD program itself could be considered for equivalency. The appeal was dismissed. This showed that the regulatory framework does not allow for the inclusion of post-doctoral experience or additional training as a way meet the required standards, and any changes to this policy would need to be addressed by the legislature directly.

About the Author

Jordan Donich Profile Photo

Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes and is a member of DMZ Angels in Toronto.