Hunter v College of Physicians & Surgeons of Alberta, 2014 ABCA 262 (Alta CA), upholding the decision of the Council for the College and dismissing the appeal.
A physician who married his former patient challenged his regulatory college's finding of unprofessional conduct on the basis that he had breached the College's standard of practice.
The physician admitted that he had floated a "trial balloon" of marriage during the physician-patient relationship. However, he argued that this was not a breach of the standard of practice because he suffered from erectile dysfunction and therefore the relationship lacked a sexual component and was not improper.
The disciplinary tribunal considered the standard of practice that prohibited a physician from terminating a physician-patient relationship "in order to pursue a sexual or personal relationship." It held that the relationship in question fell under the definition of a personal relationship, and no sexual component was required. The ruling was upheld at an internal appeal to the Council of the College, although the Council reduced the length of suspension. On further appeal to the Court of Appeal, the majority of the Court stressed the need for deference on review of a professional regulator's interpretation of its own standards of conduct and upheld the decision, overruling the dissenting judgment that the interpretation of a "personal relationship" necessarily implied an improper relationship such as a "predatory or exploitive relationship."
Comment: Hunter illustrates the deference shown to professional regulators when they are applying and interpreting their home legislation, especially on matters well within their expertise, such as professional standards of conduct.
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