An ethics inquiry follows a multi-step process. The time it takes to process an inquiry request varies and depends on a number of factors, including the seriousness of the alleged conduct, the scope and complexity of the file and the priority that the Office of the Syndic must accord to certain files where the risk of compromising public protection is high.
The existence and content of the inquiry file are confidential. All the information collected, including the expert report, forms an integral part of the Syndic’s inquiry file; it cannot be transmitted to the complainant during the course of the inquiry, nor be used to support civil litigation. Should a disciplinary complaint be filed, the information gathered will be transmitted to the dentist in question to enable them to defend themselves and will be presented as evidence before the Disciplinary Council.
- An acknowledgement of receipt will be sent to the complainant in the days following receipt of the inquiry request.
- A summary reading and analysis of the information provided is carried out to determine whether the request is admissible.
- A letter is sent to the complainant confirming whether an inquiry will be held.
- Appropriate steps are quickly taken to obtain the relevant information and documents for the inquiry (dental records and explanations about the dentists involved), even before the file is assigned to a Syndic.
- It is at this point that the dentist is informed that they are the subject of an inquiry.
- The inquiry file is assigned to the Syndic or Assistant Syndic who conducts their inquiry in a confidential and independent manner.
- The Syndic has vast inquiry powers to check the facts and allegations.
- The Syndic can contact anyone, whether they are a dentist or not, to obtain relevant information and documents, either in writing or through telephone interviews, in-person meetings or visits to the dentist’s office.
- In most cases, the Syndic will talk to the complainant and the dentist. When the situation requires it, the Syndic meets the dentist in person. A frank discussion about the scope and intensity of their ethical obligations is a regular part of the inquiry process.
- The Syndic can receive help with their inquiry, notably from an expert.
- When the inquiry is completed, the Syndic finalizes their analysis of the elements gathered and assesses their quality. They determine whether the dentist committed any ethical offences with respect to any of their duties and obligations under the regulations governing practice of the profession, notably the Professional Code and the Code of ethics of dentists.
- The Syndic informs the person who requested the inquiry in writing of their decision whether to file a complaint with the Disciplinary Council.
- When they decide not to file a complaint, they explain the reasons for their decision and notify them of the possibility of requesting the opinion of the Review Committee.
- When breaches are revealed by the inquiry, the Syndic takes the appropriate measures to ensure that the situation does not reoccur.
- One of these measures is to file a disciplinary complaint with the Disciplinary Council when serious breaches are observed and the Syndic is able to establish these breaches with clear and convincing evidence.
- The Syndic may consider that a non disciplinary intervention is appropriate or sufficient to attain this objective, including :
- Recommendations and warnings
- Dentist’s commitment (e.g., to take a course or refresher training or to restrict their right to practice in a specific field of dental medicine)
- Sending the file to the Professional Inspection Committee when the dentist’s competency is in question
- Conciliation between the dentist and the person requesting the inquiry
- If a Syndic decides to file a complaint against a dentist, a Disciplinary Council, consisting of two members of the profession and a chair who is a lawyer, will be formed to hear the cause.
- Exceptionally, the complaint may also require the immediate provisional striking off the roll of the dentist or the immediate provisional restriction of their right to practise professional activities. This request will be heard as soon as possible.
- At the hearing, the Syndic has the burden of presenting clear and convincing proof that the dentist committed the alleged offences in the complaint.
- The person who requested the inquiry is usually called to testify in these disciplinary procedures.
- In addition, anyone can file a complaint directly with the Disciplinary Council, without going through the Syndic; this is a “private” complaint.
- In this case, it is up to the complainant to prepare their cause and present their evidence before the Disciplinary Council. The complainant must submit their complaint to the Secretary of the Disciplinary Council; they may be assisted by a lawyer. They may be ordered to pay the disbursements only if the dentist is acquitted on each of the counts contained in the complaint and if the complaint was abusive, frivolous or manifestly ill-founded.
Requesting an opinion from the Review Committee
The role of the Review Committee is to give an opinion regarding the Syndic’s decision not to file a complaint with the Disciplinary Council to anyone who asked the Syndic to hold an inquiry and who wishes to review this decision.
The complainant must address their request to the Secretary of the Review Committee, within 30 days following receipt of the Syndic’s decision. The Review Committee must inform the complainant of their right to present any observations at any time before it renders its opinion.
The Review Committee renders its decision in writing, within 90 days following receipt of the request, after having examined the file that the Syndic sent them and after having hearing, if applicable, the Syndic and the complainant.
The Review Committee may make any of the following findings :
- Suggest that the Syndic complete their inquiry and render a new decision regarding the opportunity to file a complaint.
- Find that there is cause to file a complaint with the Disciplinary Council and then suggest that an ad hoc Syndic be appointed, who, after an inquiry, if they decide to hold one, will decide whether to file a complaint.
- Suggest to the Syndic to submit the file to the Professional Inspection Committee.