As the high-profile stories continue to pile up over allegations of sexual misconduct, we can expect an increase in sexual harassment investigations in professional settings.
It is worth noting that late in 2017, a Montreal psychologist and a doctor in Montmagny became the first professionals to be barred from practicing for five years for acts of sexual misconduct.
These rulings are the first to be handed down following the introduction of tougher penalties under Quebec's Professional Code, which governs the exercise of a number of professions, including engineers, doctors and lawyers. The case involved a psychologist who carried on a romantic affair for six months at his office with a patient suffering anxiety and insomnia. The patient ended the relationship, but suffered from the separation in the following months. A complaint was filed and the psychologist pleaded guilty. He however argued that the council should not impose the 5-year minimum suspension since he was of the view that the particular circumstances of his case justified the imposition of a lower penalty. The disciplinary council seized of the matter found that the psychologist abusing his position of trust and authority vitiated the patient's consent to the intimate relationship.
Not all professions create the same relationship of dependence, but the five-year penalty should serve as a warning to other professionals.
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