SACHA says patients deserve to know if physicians are charged with sexual assault
It is a big concern" that for years, Ontario's physician watchdog did not know a Hamilton cardiologist was facing criminal charges of sexual assault, says the executive director of Hamilton's sexual assault centre.
And even now, those charges against the physician are still not listed on the watchdog's website to make the public aware.
It is important for community to know when these situations are happening, especially with individuals who are in positions of power, such as doctors," said Jessica Bonilla-Damptey, executive director of the Sexual Assault Centre of Hamilton and Area (SACHA).
Dr. Amin Mulji is a cardiologist who works at Hamilton Health Sciences and teaches at McMaster University. Mulji, 66, is facing domestic violence-related charges including sexual assault, assault, assault causing bodily harm, and uttering a threat to cause death or bodily harm for alleged offences dating back decades. The charges were laid in 2018.
The allegations have not been proven in court. Mulji and his lawyer, Mark Hogan, have not responded to multiple requests for comment.
Despite the criminal charges being laid years ago, the College of Physicians and Surgeons of Ontario (CPSO) said it was unaware of some charges - including the sexual assault charge - until December 2021, when it was informed of them by The Spectator. The college was already aware of two charges, assault causing bodily harm and uttering a threat. Those are posted on Mulji's CPSO member profile, where the college posts criminal charges their members are facing. The college has confirmed that the member," Mulji, reported the uttering a threat" charge, though it's not clear who reported the other charge.
And while the CPSO has confirmed it is now aware of the charges, it still hasn't posted them to Mulji's profile.
Why? The physician watchdog says it is waiting for court documents.
The CPSO has formally requested court documents for the additional criminal charges," reads a statement from CPSO spokesperson Josh McLarnon. The public physician register will be updated as soon as possible after the documents are received. While we do work with courts and police services, they are not required by legislation to share criminal charges with us. Therefore we do not have access to details on charges."
Bonilla-Damptey says patients deserve to know if their healthcare provider is facing sexual assault charges - and in a timely manner.
Knowing that (an) individual has allegations of domestic violence, of sexual abuse, would make (patients) possibly feel unsafe," Bonilla-Damptey said, speaking generally. It's supposed to be a trusting relationship that you have with your medical practitioner."
Meanwhile, Mulji's employer, Hamilton Health Sciences, says it is deciding if any action is required" after learning of new criminal charges."
We are collecting information to determine the exact nature of the charges and if any action is required to maintain the safety of our patients and other individuals in advance of a legal ruling/outcome," said HHS spokesperson Wendy Stewart in an email to The Spectator last week.
Asked if Mulji's employment had changed at McMaster, university spokesperson Wade Hemsworth said: The charges are not related to the university and it is not our practice to discuss any actions that may have been taken in such circumstances."
Under the Regulated Health Professions Act, physicians are required to report any criminal charges to the CPSO, which serves as a physician watchdog. The CPSO then makes the charges public on the physician's member profile.
It remains unclear what discipline, if any, Mulji could face if he failed to report.
The CPSO will not confirm if it has been in touch with Mulji. 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.
Failure to (report charges to the CPSO) represents a breach of a physician's obligations in its own right and could result in disciplinary action," McLarnon said in his statement. The CPSO will take the appropriate next steps when we have the complete information on hand."
McLarnon said that when charges are posted on the CPSO's register, a notice is sent to certain recipients, including hospitals."
Mulji's next court date is Feb. 1.
Resources for survivors of sexual violence:
SACHA (Sexual Assault Centre, Hamilton and Area): 24-hour support line 905-525-4162; sacha.ca.
Children's Aid Society - intake line: (905) 522-1121.
Catholic Children's Aid Society - intake line: (905) 525-2012.
SAVIS (Sexual Assault and Violence Intervention Services of Halton): 905-875-1555.
Sexual Assault/Domestic Violence Care Centre at Hamilton Health Sciences: 905-521-2100 ext. 73557.
Katrina Clarke is a reporter at The Spectator. katrinaclarke@thespec.com