CPSA appeal against Dr. Keith Martin dismissed

Edmonton, AB – In February 2021, a CPSA hearing tribunal found Dr. Keith Martin, a family physician from Slave Lake, not guilty of unprofessional conduct. A Council review panel upheld that decision in December after CPSA’s Complaints Director appealed the tribunal’s finding of not guilty.

Dr. Martin was accused of striking a patient on the head in 2013, while she was being assessed and treated in the emergency room. The tribunal concluded that while the patient truly believed she was struck by Dr. Martin, the evidence provided was not reliable. Two witnesses who described seeing Dr. Martin strike the patient were also found to be credible, but not reliable. Accordingly, the tribunal concluded the charge had not been proven.

CPSA’s Complaints Director appealed the tribunal’s finding of not guilty on the basis that the tribunal erred in its application of the standard of proof on a balance of probabilities.

After hearing from legal counsel for both CPSA’s Complaints Director and Dr. Martin, and carefully reviewing the hearing tribunal’s decision, the panel found that the tribunal did not err in the application of the standard of proof and dismissed the appeal.

Resources:

Council review panel decision

CPSA media release (March 24, 2021)

CPSA hearing tribunal decision (February 2021)