Statement on online accusations that CPSA protects child abusers: understanding CPSA’s role when a physician is suspected of unprofessional conduct

As Alberta’s medical regulator, we exist to protect patients and act in the public interest. CPSA operates under the authority of the Health Professions Act (HPA), which allows us to support patient safety through registering and licensing physicians, physician assistants and medical learners, setting minimum standards for professional and ethical physician behaviour, and managing physician-related complaints.

Recent online accusations suggesting that CPSA protects physicians who engage in child abuse are categorically false and deeply misleading.

CPSA takes all complaints of sexual abuse and sexual misconduct very seriously and pursues them vigorously under the laws we enforce. To help keep Albertans informed, please find some information below regarding our complaints process, how we protect public safety and where to find more information on a physician’s practice status.

Investigating complaints

We take all complaints submitted to CPSA seriously and have several resolution pathways depending on the nature and severity of the alleged misconduct.

Criminal charges and CPSA’s role

If CPSA is made aware of criminal charges against a physician, CPSA’s Complaints Director will initiate a formal complaint. However, to avoid interference with the justice system, the complaints process is usually paused until the criminal proceedings are complete.

Ensuring public safety

At any time, CPSA’s Registrar has the authority to act if there’s reason to believe a physician poses a risk to public safety. This could mean placing restrictions on their practice—such as requiring a chaperone—or suspending them from practising altogether, depending on the circumstances.

Fairness and due process

Every physician is entitled to fair treatment under the law. The courts have consistently held that regulators must act in ways that prioritize public safety while also being as minimally restrictive as possible, based on the evidence and situation at hand.

There have been cases where CPSA’s Registrar has used their authority under the Health Professions Act to pull a physician from practice, but the courts then ordered CPSA to consider other options. For example, Dr. Ghassan Al-Naami was withdrawn from practice after CPSA found out that criminal charges related to sexual abuse were laid, but the courts then ordered CPSA to consider how the physician could remain in practice until the criminal trial took place. To ensure constant oversight and public safety, CPSA placed a chaperone condition on his practice permit along with other restrictions. Immediately after Dr. Al-Naami was found guilty of the criminal charges, CPSA revoked his license.

Confidential vs. public information

Under privacy legislation, CPSA’s complaints process is confidential. This helps protect the integrity of the process and the confidentiality of those who file complaints.

Privacy laws also prevent CPSA from sharing details about active complaints or investigations. As a result, a physician may appear to have a “clean record” even though a complaint has been made and appropriate action is being taken behind the scenes.

If a complaint proceeds to a formal hearing, a notice of hearing will be posted on CPSA’s website and the decision  from the independent Hearing Tribunal is made public if the physician is found guilty of unprofessional conduct. These tribunals include both physicians and public members to ensure balanced decision-making. Decisions of unprofessional conduct are published on the physician’s profile and shared in the news section of CPSA’s website.

Sexual abuse and misconduct

The Health Professions Act includes some of the strongest provisions on protecting patients from sexual abuse and sexual misconduct in Canada. Applicable to findings of unprofessional conduct arising from incidents that occur after April 1, 2021 (when the legislation came into effect), any physician who is found guilty of sexual abuse of a patient automatically loses their license in Alberta. If a physician is found guilty of sexual misconduct towards a patient, they will be suspended and prevented from applying for reinstatement for at least five years.

CPSA also has a Patient Relations Program that provides support to patients who have been impacted by sexual abuse or sexual misconduct by a physician. Patients who qualify for the Patient Relations Program are offered access to funding for counselling services related to their complaint.

How to stay informed

Depending on the circumstances, there are several ways the public can stay informed about a physician’s practice status or legal history, including:

• Visit the CPSA Physician Directory and search the physician’s profile.
  • The Summary tab will outline their Membership Status (inactive means they cannot provide patient care) and if there are any conditions or restrictions on their practice permit.
  • The Disciplinary Actions tab will note any upcoming hearing notices and hearing decisions from the past 10 years (unless it relates to sexual abuse which will remain indefinitely).
• Using a search engine, search for the name of the physician to see if any news articles appear.
• Use CanLII (Canadian Legal Information Institute)—a non-profit organization mandated to provide efficient and open online access to judicial decisions and legislative documents—to search the physician’s name.
• Reach out to us at support@cpsa.ab.ca. Please note CPSA can only share what is publicly available under privacy legislation.