In Mussani v. College of Physicians and Surgeons of Ontario, the Ontario Court of Appeal considered the zero tolerance policy of the Health Professionals Procedural Code. That Code requires an automatic five year suspension of the licence to practice where a health professional engages in sexual intercourse or other specified sexual activities with a patient.
A doctor, subject to such a suspension, appealed on the basis that the mandatory nature of the suspension was not constitutional, contrary to sections 7 and 12 of the Canadian Charter of Rights and Freedoms.
"7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
The Court concluded:
"I am satisfied, therefore, that there is no constitutionally protected right to practise a profession, and that the mandatory revocation of a health professional’s certificate of registration in substance infringes an economic interest of the sort that is not protected by the Charter."
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