Individuals Involved in the Tribunal Hearing

The Parties

The parties at a Tribunal hearing are the College and the registrant against whom the allegations of professional misconduct and/or incompetence have been made. The College, sometimes referred to as the prosecutor, bears the burden of proving the allegations against you. The standard of proof the College needs to meet is not the criminal standard of "proof beyond a reasonable doubt", which is a higher burden. Rather, the College must meet the civil standard of proof, "on the balance of probabilities." The College must demonstrate that it is more likely than not that you committed the acts of professional misconduct alleged, and/or are incompetent, based on the evidence presented. 
 

The Panel

The Tribunal Chair assigns five panel members to conduct the hearing and consider the allegations contained in the Notice of Hearing. The panel consists of two public members (who are not part of the registrant's profession and are appointed by the Provincial Cabinet), two professional members (who are part of the registrant’s profession), and a chair who is legally trained. The chair’s responsibility is to ensure that the hearing is conducted fairly and efficiently. 

In some cases, a hearing may have fewer than five panel members. These include procedural matters, interlocutory matters (i.e. decisions made while a case is still ongoing), or if both parties agree.

If a panel member cannot finish the hearing or participate in the decision, the remaining members can continue and decide the case.

The mandate of the panel is to: 

• review the allegations in the Notice of Hearing and decide on the facts of the case;

• decide whether, based on the evidence and facts, the College has proven the allegations considering the applicable standard of proof;

• decide whether the registrant has committed professional misconduct and/or is incompetent; and

• decide the penalty (also referred to as an “order”) to be made where professional misconduct and/or incompetence has been proven. 

The panel is independent and impartial. Its members have no prior knowledge of the case or the investigation. They will decide the matter based only on the evidence presented during the hearing. Each panel member, whether a public member, professional member, or the chair, has an equal say in the decision. If one or two panel members disagree with the majority, they will explain their views in writing, in what is called a “dissent” that is released together with the majority’s decision and order.

Witnesses

Witnesses tell the Tribunal relevant information about the issues it must decide. The Tribunal’s Witness Guide  provides more information about being a witness in a Tribunal hearing. If you need to summons a witness, contact the Tribunal. The  Practice Direction on How to Summons a Witness  explains how to obtain and serve a summons on a witness.

Complainants

Members of the public whose complaints lead to a misconduct hearing are referred to as “complainants.” A complainant may attend the hearing as an observer but does not usually participate except as a witness. If serving as a witness, a complainant, like other witnesses, may be excluded from observing parts of the hearing.

Hearing Technician

A hearing technician will be present at the hearing to manage the technical aspects of the videoconference. This includes setting up Zoom sessions, handling livestreams, moving participants in and out of breakout rooms and displaying documents as needed. They will also address any technical issues that arise, mark exhibits, and make a video recording of the hearing.

Interpreter

If a party or witness requires it, the Tribunal provides interpretation between another language and the language of the hearing, including American Sign Language and Quebec Sign Language. Parties who require interpretation for themselves or a witness should inform the Tribunal as soon as possible so it has time to obtain qualified interpreters.