INVESTIGATORS POWER INCLUDES POWER TO OBSERVE

In Gore v. College of Physicians & Surgeons (Ontario) 2008 O.J. No. 3757, several physicians who performed high risk cosmetic surgeries were investigated. In one case, the investigation commenced because a patient had died. The Court was asked to consider the scope of the power to investigate - in particular, whether it included the power to directly observe surgical procedures performed by the registrants under review. They argued that the investigators could not do so. The court dismissed the applications for review holding that the powers of investigators are wide ranging, particularly in light of the purpose of the applicable legislation to protect the public. The Court followed the Supreme Court of Canada in Pharmascience Inc v. Binet [2006] 2 S.C.R. 513m in which it held that: it should be expected that individuals with not only the power, but also the duty to inquire into a professional's conduct will have sufficiently effective means at their disposal to gather all information relevant to determining whether a complaint should be lodged. (paras. 36 - 37).