This Hamilton physician is charged with sexual assault — but the body regulating doctors says it wasn’t aware

A Hamilton cardiologist is facing sexual assault charges, but you wouldn't know that from looking at his profile on the Ontario medical regulatory body's website.

That is because the charges are not listed, despite a requirement for the physician to self-report his criminal charges to the College of Physicians and Surgeons of Ontario (CPSO), and the CPSO's stated commitment to making all charges public.

Only now, weeks after the college said it was unaware of the charges, did the CPSO say it plans to update the physician's profile to reflect the new information, which it says it was alerted to by The Hamilton Spectator.

It's a case one ethics expert says raises questions about the regulatory body's process, including its reliance on physicians to report their own charges, as well as its ability to keep tabs on criminal charges against members, and ensure patients are informed and protected.

Dr. Amin Mulji is the cardiologist in question. He works at Hamilton Health Sciences and teaches at McMaster University. Mulji faces criminal charges including sexual assault, assault, assault causing bodily harm and uttering a threat to cause death or bodily harm. The alleged incidents are related to domestic violence. The victim fought successfully in court to have a publication ban on her identity lifted last month, according to court proceedings.

The Spectator repeatedly requested comment from Mulji and his lawyer, Mark Hogan, by email and phone, but did not hear back.

Arthur Schafer, director of the Centre for Professional and Applied Ethics at the University of Manitoba, says the CPSO's lack of knowledge of the charges raises questions about patient safety.

Schafer says the public deserves to know when physicians are facing criminal charges, regardless of whether or not the victim of crime is a patient, because of the high level of trust patients place in physicians who may be making life-saving decisions on their behalf. Patients trust that physicians will act ethically - let alone within the law.

It's a big deal," Schafer said. In order for the public to feel reasonably confident that the CPSO is able and willing' to hold its members accountable and to meet its commitment to make criminal charges publicly available in a timely way, the CPSO has an obligation to explain why, in the case of Dr. Mulji, it failed so badly."

The charges

Mulji's charges are for alleged incidents dating back decades. Hamilton court documents show he was arrested in February 2018, though it is not clear if all charges were laid at that same time. The allegations have not been proven in court. Mulji is currently out on bail and working. He has no conditions on his licence restricting his practice. His next court date is Jan. 21.

The CPSO lists just two charges on Mulji's online member profile:

• It is alleged that Amin MULJI on or about August 20, 2017, at the City of Toronto did, by word of mouth, knowingly utter a threat to cause death, bodily harm to XX."

• Assault causing bodily harm on or about October 20, 1986, at the City of Thorold."

There is also a notation about a no-contact order with a specified person."

The first charge, uttering a death threat, is listed as source: member," which the CPSO confirmed means the physician reported the charge. The other charge is listed as source: other." It is not clear who reported it.

Court documents show Mulji was also arrested in March 2021, charged with breaching his bail conditions, including orders that he not contact people connected with the case, including the victim. That information is not reflected on his CPSO profile.

When The Spectator contacted the CPSO in mid-December to ask why a number of charges, including the sexual assault charge, were not listed on Mulji's member profile, the college said it was not aware of those charges. The college then repeatedly asked the Spectator for detailed information about the charges, including file numbers for the records.

We have confirmed that there are no charges missing from Dr. Mulji's profile that we are aware of, so your concerns were shared with our investigations team for followup," CPSO spokesperson Shae Greenfield wrote in an email in early January.

After one month of back-and-forth, the CPSO confirmed charges were in fact missing.

Although we are limited by the (Regulated Health Professions) Act in the information that we can share about specific investigations, we were recently alerted by The Spectator to the fact that not all of the charges against Dr. Mulji were listed on his public profile," Greenfield wrote on Jan. 18.

He went on to say: Although we do work directly with courts and police services throughout the province, as well, we do not have direct access to charging documents and are reliant on our partners to share complete details on charges."

At the time of publication, the charges were still not reflected on Mulji's profile.

Consequences of failure to disclose

It remains unclear if Mulji reported more than one charge to the CPSO, though the college says it was not aware of the additional charges until The Spectator brought them to its attention.

Under the Regulated Health Professions Act, Ontario regulated health professionals are obligated to inform their respective colleges if they face criminal charges. The act states members must report charges as soon as reasonably practicable."

Failure to do so could result in an act of professional misconduct. The CPSO would not confirm if they have spoken to Mulji about the matter or will be following up.

In a statement to The Spectator, a spokesperson with the Ontario Ministry of Health said, in part: Should members of a college's discipline committee panel find that a member of the college has committed an act of professional misconduct, including where a member has been found guilty of an offence, the panel has the ability to reprimand the member, suspend, revoke or impose specified terms, conditions and limitations on the member's certification of registration."

The spokesperson went on to say that in addition to self-reporting, if the CPSO is made aware of a member being charged with an offence ... the CPSO is expected to take the appropriate action to confirm the charges against the member, and to post them on the member's profile of the college's public register."

Greenfield said that, while physicians are responsible for reporting their own charges, we are often made aware of charges through additional channels, including by hospitals and/or police departments." The CPSO does not solely" rely on physicians, he said.

Disclosure breakdowns have a trickle-down effect.

For instance, McMaster relies on the CPSO to tell it about charges.

The College of Physicians and Surgeons of Ontario (CPSO) provides the university with information if there are criminal charges against physician faculty," said McMaster spokesperson Wade Hemsworth, who confirmed Mulji is an associate clinical professor in McMaster's Department of Medicine, where he teaches echocardiography .

Hamilton Health Sciences (HHS) suggested it is aware of at least some charges. HHS says it relies on the CPSO to inform how it responds.

For privacy reasons, we cannot comment on criminal matters pertaining to individuals who work or practice at HHS other to say that these charges are unrelated to this individual's work at Hamilton Health Sciences," said Wendy Stewart, HHS spokesperson.

Physicians are required to disclose criminal charges laid upon them to the College of Physicians and Surgeons of Ontario, and to Hamilton Health Sciences through routine hospital credentialing processes," she went on to say. Any subsequent action taken by the hospital is informed by college guidelines and hospital policy."

Stewart would not provide additional information about the routine credentialing processes" requiring physicians to disclose charges.

Why it matters

Schafer, the ethics expert, questions the CPSO's ability to probe reports of charges, noting this case is taking weeks to resolve.

If we can't rely on them even to act on information that's handed to them, how can we rely on them at all?" he said.

Questions have been long been raised about the CPSO surrounding issues of transparency and accountability. The Toronto Star has probed the matter for over a decade, revealing legal loopholes allowing medical regulatory bodies discretion when reporting possible crimes to police, and issues relating to secrecy surrounding the college's handling of doctor discipline proceedings.

The Ministry of Health pointed to legislation governing the CPSO in its statement to The Spectator, saying the CPSO is responsible for ensuring that its members provide health-care services in a professional, safe, and ethical manner."

Schafer, meanwhile, questions if the Mulji case is isolated, or if it is evidence of broader systemic problems of transparency and accountability within the CPSO.

He wonders: How many physicians could be quietly not reporting charges, with the matters going unchecked? How can patients trust the regulatory system is looking out for their best interests?

Is this the tip of the iceberg?" he asks.

Katrina Clarke is a reporter at The Spectator. katrinaclarke@thespec.com