Download

POLICY: Victim Impact Statements

1. Purpose

Under The Medical Profession Act, 1981, the College Council determines the penalty to be imposed when a member is found guilty of unprofessional conduct by a Discipline Hearing Committee or admits charge(s) of unprofessional conduct.

This policy establishes the expected process in obtaining a victim impact statement from the complainant and providing that statement to the Council for consideration in determining penalty. 

2. Scope

This policy applies to any discipline case where the complainant wishes to submit a victim impact statement to Council. 

3. Definitions

For the purpose of this policy, a victim impact statement refers to a written statement prepared by the complainant addressing how the misconduct has affected them.  The victim impact statement must be prepared in accordance with the applicable legal principles as they exist from time to time.

4.  Expected Process

The following process is applicable when a complainant wishes to provide a victim impact statement: 

1. 1. In appropriate cases, the Registrar’s office should offer complainants the opportunity to provide a victim impact statement.
2. 2. Whether the opportunity is offered and accepted, or the complainant initiates the request to provide a victim impact statement, College legal counsel should provide the complainant with the current College information package/template for victim impact statements.  This package will set out the legal principles applicable to victim impact statements.
3. 3. The victim impact statement should be reviewed by legal counsel for the Registrar’s office to confirm that it has been prepared in compliance with applicable legal principles.  If it is determined to breach any of the applicable principles, the complainant should be provided the opportunity to submit a new victim impact statement or to have the inappropriate content redacted before it is submitted to the Council.
4. 4. Legal counsel for the Registrar’s office has the ultimate responsibility to edit or redact statements in a victim impact statement if, in that lawyer’s opinion, editing or redaction is required to comply with the applicable legal principles.
5. 5. The complainant should be permitted to read their victim impact statement to the Council during the penalty hearing, if they choose to do so.  Otherwise, the victim impact statement can be submitted in writing for the Council’s consideration or read aloud by legal counsel for the Registrar’s office.

OTHER RESOURCES

College of Physicians and Surgeons of Saskatchewan, Policy – Sexual Boundaries

College of Physicians and Surgeons of Saskatchewan, Regulatory Bylaw 7.1 – The Code of Ethics

College of Physicians and Surgeons of Saskatchewan, Regulatory Bylaw 7.2 – Code of Conduct

College of Physicians and Surgeons of Saskatchewan, Regulatory Bylaw 8.1 – Unbecoming, Improper, Unprofessional of Discreditable Conduct