Making a private complaint to the Disciplinary Council

Private complaints to the Disciplinary Council

You do not have to go through the Office of the Syndic to lodge a complaint about a professional. However, it is advisable to do so, because the syndic has powers that enable him to investigate and obtain information. In addition, he will provide representation and will cover all the costs associated with a complaint lodged with the Disciplinary Council.

An individual may lodge a complaint directly to the Disciplinary Council: this is known as a private complaint. The person making the complaint will be required to present evidence and demonstrate that the psychologist or the psychotherapist has committed the offence of which he is accused in the complaint.

To lodge a private complaint, you must send a sworn letter to the secretary of the Disciplinary Council. A lawyer may assist you. The letter must:

• describe the nature of the alleged offence,
• describe the circumstances (time, location) of the alleged offence,
• be signed before a Commissioner of Oaths (such as a lawyer or notary), because the complaint must include an oath sworn by the plaintiff.

There is no cost involved in filing a disciplinary complaint. Keep in mind, however, that a private plaintiff may be required to pay certain costs if the psychologist is acquitted on each charge and the complaint is found to be abusive, frivolous, or clearly unfounded.

Within a period of 10 days following the receipt of a complaint that meets all requirements, the Disciplinary Council’s secretary will inform the psychologist or psychotherapist of the complaint, and this will launch the disciplinary process.

For more information, contact the General Secretariat of the Disciplinary Council.