The Supreme Court of Canada recently dismissed a dental hygienist’s request for leave to appeal from a decision revoking his license for treating his spouse. In the underlying Ontario Court of Appeal decision Tanase v College of Dental Hygienists of Ontario, 2021 ONCA 482 (Tanase), the court affirmed its stance on a “bright-line” rule for “zero-tolerance” with respect to sexual relationships between health care practitioners and patients. Such relationships are considered “sexual abuse” against a patient, with a very narrow exception carved out for spouses. The Court upheld the revocation of the Appellant’s licence to practice, and did not find that this revocation infringed sections 7 or 12 of the Charter of Rights and Freedoms (the Charter). By dismissing the request for leave to appeal, with costs, the Supreme Court of Canada has confirmed this holding.
Read more about The Court’s decision here