Alberta Court of Appeal Reverses Appeal Panel’s Ruling: Original Sanctions on Naturopathic Doctor Reinstated

The Alberta Court of Appeal reversed the decision of the Appeal Panel, reinstating the original sanctions imposed on a naturopathic doctor for unprofessional conduct.

Administrative law – Decisions reviewed – College of Naturopathic Doctors – Judicial review – Appeals – Procedural requirements and fairness – Physicians and surgeons – Professional misconduct or conduct unbecoming – Suspensions.

Muradov v. College of Naturopathic Doctors of Alberta, [2024] A.J. No. 725, Alberta Court of Appeal, June 25, 2024, J. Strekaf, K.P. Feehan and A.D. Grosse JJ.A.

Dr. Muradov was found to have committed unprofessional conduct by a Hearing Tribunal of the College of Naturopathic Doctors of Alberta (the “Hearing Tribunal”). The Hearing Tribunal imposed a number of sanctions on Dr. Muradov, including a reprimand, $4,000 fine, remedial training, three annual reviews, and order to pay $15,000 towards costs of the investigation. The Hearing Tribunal declined to impose a suspension on Dr. Muradov’s practice, having concluded that the orders imposed would promote both specific and general deterrence.

The Complaints Director appealed the Hearing Tribunal’s decision on both the merits and sanction to an Appeal Panel pursuant to s.87 of the Health Professions Act, RSA 2000, c H-7 (the “Act”). The Complaints Director argued that the sanctions were unreasonably lenient and that the order of three annual reviews was not requested by the parties. 

The Appeal Panel concluded that the Hearing Tribunal breached the rules of procedural fairness by imposing sanctions that neither party had proposed and on which the parties had not had an opportunity to make submissions. The Appeal Panel concluded that the entire sanction decision should be quashed and the sanctions re-examined as a whole, rather than striking the portion directing the annual reviews. Instead of referring the matter back to the Hearing Tribunal, the Appeal Panel imposed a new set of sanctions, including a 1.5 month suspension, a reduction of the fine payable to $1,000, and the removal of the requirement for annual reviews. The Appeal Panel also increased Dr. Muradov’s costs order to 2/3 of the costs of the investigation and hearing (estimated at $63,000) and 50% of the costs of the appeal hearing (estimated at $50,550). The directions for a reprimand and the completion of courses on record keeping and communication remained unchanged.

Dr. Muradov appealed the decision to the Alberta Court of Appeal. The key issue on appeal was whether the Appeal Panel committed a reviewable error by quashing the sanction decision on the basis of procedural fairness and imposing its own sanctions. The Court of Appeal held that the Appeal Panel erred in its determination that the Hearing Tribunal’s original decision breached procedural fairness. The Court of Appeal held that the imposition of the annual review sanction was within the Hearing Tribunal’s Authority under the Act; therefore, the Hearing Tribunal’s decision did not breach procedural fairness. As the annual reviews fell within the statutory orders contemplated by the Act, additional submissions from the parties on this point were not necessary. To the extent that the order that a field officer be involved in the annual reviews created practical difficulties for the College, this was something the Appeal Panel or the Hearing Tribunal could have remedied; however, this difficulty in itself did not amount to a breach of procedural fairness. Since the Appeal Panel’s decision to quash the sanction decision and impose its own sanctions was grounded in the erroneous finding of breach of procedural fairness, its imposition of sanctions was also in error.

The Court of Appeal allowed the appeal, setting aside the sanctions imposed by the Appeal Panel and reinstating the original sanctions and costs orders by the Hearing Tribunal.

This case was digested by JoAnne G. Barnum of Harper Grey LLP.  If you would like to discuss this case further, please feel free to contact her directly at [email protected].