IN TiIb MATTER OF A REVIEW BY [HE COMPLAINT REVIEW COMMITTED OF A DECISION OF 1HE. COMPLAINTS DIRECTOR Gb THE COLL BGT 0! PHYSICIANS AND SURGEONS OF ALBERTA CHE "COLLEGE 9 UNDER SECTION 68 OF TILL HEALTH PROFESSIONS ACI BS.A,,6 Uh REGARDING DR LLOYD CLARKE, REGULATED MEMBER Decision of Complaiat Review Committoc Deeesnber 13, 208 Preamble meeting of the Complaine Review Cums (ike CRC"), prety conse ude section 6 of te Heal Professions et (Uke "HA", was hel on Oetaher 2,208 ta cane NB Inge ess the “Cemplainace” gues or view oa ss her eomphne aut Dee Linge Cork he “rvestign! Membr") The CRC members ir aFendance wer a ells Dr. Paul Greenood! (Chait) ‘Be Stacy Davies Phen Member + Ms, Marg Haste Public Meme) "Ms. Grog Si aster 33 indepen age eased fr te RE he ceview purseant 1 section 68 of the HP vas sorted trwgh ween submis, Documents Reviewed by the CRC Materials reviewed in advance af he meting by tho ORC were = Complaiat Raporting osm: an svssion dated J * Autherizacon for RetaieoIneration eed May 4 Ceuplaint Diners later of eins oC te comp Conplinant ded Sune 22,208; + Complaint Director's Iter of disrisst of Te corp tothe hvesripahs! Meraber ated Ione 22, 2018 Complainant's request fer view dated aly 2, 2018 Complainants writen submission dete Sepember 10,2088; an ‘Write subosission from lege. sonnel fr the Investigates Meme di’ Ce 2018 Background ‘The Complaint Ptector dims this mpl witht on investigstin pr seton 5 Act “Tocscelael complains, 18087111: 1805 re broght by Ms. Hess whe ithe lamer ‘on bal of tne ezors who ae al ndizeous poeple aa were Seng in a tent emp the edge of Cardston, Alberts, Mo Tess dosrib her sins ws iomeles and isd yn The tnvestigated Member a Synily physician wha practices i the own of Cant On MA 25, 2018 the Investigated Member hoe jus: exited a eonwenience store in ds he he Sared ta shou at some peeple who wore bystants nthe vie n'y al the store, Te approached “his gtoup wich includ the thew people legally represche by Me, Hass, ane see vu ek thers. Wil there ane discepancies hetween a wren statement bys. Hess elena the Tiwestigated Member's ova writen agus what he i, the Inseatigaod Mester does ‘ot ciate that hy yelled that ey shou get es ad thet they shew trot be teria these “The lvestigsed Member also seknewiedged that he sete toy kw an hey tne hae nul made a emack abou the bystanders esting ena The cumplaints were dsmiso hy the Complaints Acer the 4s ile ne bekavion although unfortamace and inappropriate was wet somite during he poison ora are, ‘The Complains Direct expressed he vow I the Calle sural to ditate ths bola ion 9 wha physician does ouside the elinea! sting exchiing extn cheucasbnces i hele othe Investigated Member tke Compras iter woe *Nofitsung[hat tre complaints have bor sss, th espn highlight ho oor Jneradons with comvnunity members. viewed. As phys oians, we hye a pot posto svciely and while I cannot otal wat yo san say of scat gsinoa sina sol {yoo eflet on your intercon ad retsteorcut ever Ins mary sets that hich ow ersine your profesional ey Submissions at Review In her requust fora review ofthe Ccmpsinls Dretor's decision, Complaint ns aged ‘hac the decision to dismiss she comphints sus fled uiveasonabie rd ingesest besa fale 1o tke toto considetion how the Investigated Members sommes, Wile mae nse of the lina ecg, might root deeply nei ieee lies ut gor ns peagles espocially those ike the bras: a his sammments whe weve aac by serious secial dsadantage and adits, The Complainant fl that tis could inpact the vested Meters spn to objerivety assess and teat indigenes patents. Sho sous 3 ve the loge andere 9 review of wheter the lnestien’od Merbr could act ejects san patil: ten earn Fr indigenous paint, to requis him to ules cult aacellivy a ia sven teaining. To aoppon the contention ‘at lshaviour vrs of med cal esc eeuld ‘onsidored unprofesioal the Complainai led the cen sate of tefsiered member of he College of Physicians an Sergcons of Alhera sue wns sings! with sill pur-ageaphy ioe and whee he College di ake etion, (Counsel for he Investigated Memier argue thatthe desision ofthe Caaplts Director met ake test of essoanlenes, sas eearly explained th reasons hy felt hatte const i tae th tet for unrofesional sande. The Compas Diets dete hs sndesstesing ofthe fetings of thoes ected by the emars ot te invented Meter, bis ill el tht sie behavior did noize w she level of wiprafessiunal sore, iW a ose remark ne in the preten of medicine, Dasma el he complaint the options available the Complaints teeter and Couns fe the Inveeizroc Mesibr argued that here ‘of rexsonublene:s ad hoon me {in rospons tote request for revi, Counse! eth Investgnted Menviey argv that th raise by Ms, Bess abril nse ere serious ries, bt ley ene nn eleont a the fesisin ofthe Complaint Director nd te tems made by the Lvestpsed Member, although unfovteate snd inappropriate, were not racis The bvestigntes Meats ve greatly ecto hy ‘he ieiden: on May 25,2018 gd deeply regres the igs se sak whieh ware anol eharacte Jor him. He see engaged with a thera st whi hs helped hr es stressors thet sentihuted ta kis cent on May 28. He ha snp ciated oan indigenous Sundae wih rmeabets ofthe Bleei Trib Kin Nation) wish grea impasted him Me as algo agree 19 offer formal apology Zr his yetins. The :awsigaed Memher des et age that ene len on May 25, 2018 was any indication uf his in hy to prove prope medal eae Tass concerns were speiaive and une Decision ‘The CRC has eeviwad al he materia al surssons crf that the emai is dissec the Bas tat there i inlckene evenc of wae ssonal cont on the pa the Ensdpetod Morbo. Ia sesching its oonchsion, she CRC applied a stand af ovina ewsonableness, A dacs will be etsonible if falls win a range af possible, sorbic enteomes hich exe inst in teens ofthe face ate Las In considering what ation to take, he CRC*has sporty consicre whetien Mere ssh ‘vide thatthe Investigated Meubr has eng fn “inprfessigal cone tp sara 4 tescine by Heaving Tun, The term unpefesivnalsrslt™ 5 detned fa seen ICE ofthe Heath Proprio e. fo prtculrthe CRC onsite? wether theres usin evidence uf he edie deere Ae following sections of 2 detinition of unpnssina cove! sion (9p or stanceds of practice fst lack oF knoledae, kilo ema = vouiraventonefhe TPA, the ends a Fenix + contravention of other legislation fat applies to ce pntsion [setion ]0ARPKD: oF + conduct hat haras the imezrty oF the mac peossion set (1 pe) In reaching its decision, the Commitee earful comsiees the rms skated by the Investignted Membr ard wheter they were suliient evideace of enprofessiowal valli ‘aren refer toa being bere a Hearing Trib, ‘The U1 et om For the reipents ofthese ears a olson and recagnizal how they steht be perelve a hei remarks. "The CRC also recognized the eff these reeks hal ante reset del ey imerpcete hese cements a5 eine parca iseneive as they were inigencus people. homeless ard sisacvantage Homer, the CRC also considered tht there was wo evidence he Investigated Member ade ‘yal lars and the remarks eve mde ome of the seltagof uae pensive. The Commies reccunized tat eordul curring eusie af an ivestgaed merntir'swecical tice ein amount to unpcofessionn. conde, bux wheter af fot such coc s sufcen 9 ‘raven heazig ean onl he descend on a ease by ease bis eng al ofthe crests ince acenint Tere is no question the lnvestpstd Mone zemarks were interceate and inappeopriats in he circumstances bat de CRC didnot Sind there wes saint exes ef anpen’ssonal conduct wart a dieepline set nth ose in i oviginal compin, ie Complainant expressed a deste, em one of lcs tha a juteome ofthe eampluint onl ce that the vest gatad ember resive tains tbe tomcat ‘of and communication with, inicio people Ths sane client ws also eonceined tha the Jvestigted Mba’ racism towards igen een mem er pit is aay teat thom assets, Counsel for ke tnvesiyated Member tailed how the Tnvetiated Monibr hs iksnsignsfcene measures to mect tes expectations “thereat ms estan snber is himself indigenens oes, being» Masi Foo Now ‘© Hous stony positive elatonsis ith membors oF end pons sana. + Ts role usa medica! leader with the Sar Zone of IIS fe has been woking wh the Blood Tribe ana te Pk tional as ben called yp whe indigenes ‘Since the incidonevbe investigated Member as piped nan iniganos Sundance swath members nt te Blo Tbe, + Aspart of agresmeat with ARS over the seme ine, Fe scons wi indigenous community ove the hes nos comststve ways ores a gy to ‘the tvs ts weze hue she angered hy his ears, The CRE did not fel Cat the remarks male were indicative «rai aise oF te vestigate ber. Given his Mari mcestry mss seevies tos commits where alts sue 9 patos a indigenous, i seems unlikely tha the investigated Member's satements ete ‘motivated by aosthine ober thas uncharateritsineapernce Fc te step tha the Investigated Menor hs take since tho ine the Te he compat roel deep snse of regret and sincesetemps sell ecaion an halig, Fevall the above reasons, the CRC fi the desision ote Compients Pisstoct be eosoneble and upotds the dessin’ othe Compas Liston tins Ms npn Signed isbal of the Complain Revi Connie: by ts Cha Dr Paul Grzenweced