Filing a private complaint with the Disciplinary Council

You don't have to go through the Office of the Syndic to file a complaint against a professional. However, it is advisable to do so first, since the Office can investigate and obtain information through its powers, provide representation, and defray all associated costs if a complaint is filed with the Disciplinary Council.

An individual may file a complaint directly with the Disciplinary Council: this is known as a private complaint. In this case, it is up to the individual to present his or her evidence and demonstrate that the psychologist or psychotherapist has committed the offence alleged in the complaint.

To file a private complaint, you need to send a sworn letter to the Disciplinary Council Secretary. A lawyer can assist you in this process. The letter must:

• specify the nature of the offence committed;
• relate the circumstances, including time and place, of the alleged offence;
• be signed before a Commissioner of Oaths (for example, a lawyer or notary), since the complaint must be supported by the complainant's oath.

There is no charge for filing a disciplinary complaint. Note, however, that the private complainant may be required to pay a fee if the psychologist is acquitted on each of the charges contained in the complaint and the complaint is considered abusive, frivolous or manifestly unfounded.

Within 10 days of receiving a valid complaint, the Disciplinary Council Secretary will inform the psychologist or psychotherapist of the complaint, thereby initiating the disciplinary process.

For further information, please contact the Disciplinary Council Secretariat at discipline@ordrepsy.qc.ca.