The Complaints Director may refer a matter to a Hearing Tribunal if there is sufficient evidence of unprofessional conduct and an agreement and undertaking cannot be reached between the MLT and the Complaints Director. The Complaints Director must refer a matter to a Hearing Tribunal if there are founded allegations against the MLT, as determined by the Complaints Director, of sexual abuse or sexual misconduct.

The responsibility of managing and arranging a hearing is that of the College’s Hearings Director. This includes overseeing the composition of the Hearing Tribunal and their independent legal counsel, managing venue or virtual requirements, and liaising with all parties to ensure effective coordination.

A Hearing Tribunal is a panel of MLTs and members of the public. These individuals have received specific training on the judicial process, applicable legislation, and trauma-informed practice. The MLTs on the Hearing Tribunal are chosen by the College’s Hearings Director from a resource list that the College maintains, as per the Health Professions Act, of those MLTs who would like to participate in this aspect of self-regulation. All MLTs on the resource list have received the applicable training and are considered to participate in a hearing based on availability, conflicts of interest, and gender identity, if applicable.

In addition to MLTs serving on a Hearing Tribunal, the government also maintains a list of public members to serve in this capacity and ensure that the best interests of patient safety and public protection are upheld. Public members selected from this list, by the Hearings Director, are based on availability, conflicts of interest, and gender identity, if applicable.

A Hearing Tribunal:

• hears all aspects of, and information applicable to, the case including evidence, witness testimony and applicable case law
• balances the public interest within the framework of the applicable legislation
• is supported by independent legal counsel
• makes and submits a written decision on whether unprofessional conduct has occurred
• imposes penalty sanctions (e.g., general orders, fines, costs) on the MLT if has been found that unprofessional conduct has occurred

The written orders of a Hearing Tribunal vary, depending on the case, and may include, but are not limited to, one or more of the following:

• Formal caution or reprimand for the MLT
• Imposition of conditions on the MLT’s practice permit which may include but are not limited to:
  • practice under supervision
  • not practice in an area of the regulated profession at all or until they have completed specific education or supervised practice in that area
  • specific reporting requirements
• Require the MLT to complete specified education
• Require the MLT to undertake counselling or a treatment program
• Suspend the MLT’s practice permit for a specified period of time or until the MLT has completed specified requirements, or both
• Cancel the registration and practice permit of the MLT for a specified period of time, or indefinitely
• Direct the MLT to pay all, or a portion of, the expenses, costs, and fees related to the investigation or Hearing, or both, including any costs associated with the investigation, legal costs, subject matter experts, witnesses, travel expenses, and any other expenses that are deemed appropriate to the matter
• Direct the MLT to pay a fine, maximums of which are set out and defined in the HPA
• Any other order that the Hearing Tribunal considers appropriate in order to maintain the protection of the public

Upcoming Hearings

All hearings are open to the public unless the Hearing Tribunal accepts a motion or application to close the Hearing. You must pre-register to attend a hearing by contacting the CMLTA Hearings Director.

• April 29-30, 2024 - Edong Tah