Thank you for this, that is profoundly of interest.
Salient points summary for others:
Extrajudicial Body regulates Medical Professionals in Canada
Rule exists with Zero-Tolerance implementation aiming to punish sexual assault
Rule forbids: "Any Sexual Act performed on a Patient"
"Patient" = "Anyone who receives Treatment"
"Treatment" = "Any use of the professional's licensed talents"
Wrinkle emerges when you presume a talent that is incidental to everyday life
example: A Person who is a Doctor takes his Wife's temperature. Doctor and "Patient" have sex at any point in history or the future. Violation with zero-tolerance resulting in Doctor's expulsion from practicing anywhere.
This rule's shortcoming has been recognized and challenged, and Upheld multiple times in the past with the rationale: "No court would prosecute under such frivolous circumstances, so there is no problem with the rule and it will stand"
Present situation:
Husband and Wife practice massage on each other.
Husband is reported by a disinterested 3rd Party to regulatory board for violation of the previously described rule.
Husband's dues to organization are seized to hire an investigative lawyer who gets all the "facts" while charging him mercilessly for his own persecution.
Wife tells them all to pound sand and refuses to testify or press any charge
Tribunal finds Husband guilty as described and he is expelled from the medical profession.
Aftermath:
Due to financial difficulty Husband and Wife divorce
Due to despondency Husband refuses to pursue additional remedy and fades away from the proceedings
Law firm who would have championed him are left with no ability to further challenge without a complainant and the Rule still stands
A travesty all around. Extra facts: The "Tribunal" were all women with no law expertise who hired a lawyer to explain their own proceedings and rules to them, and who informed them that their rules were clear (if stupid). The "disinterested 3rd Party" was also a woman who was concerned for her own complicitness in the "sexual assault" if she didn't report the Husband of her own volition after their casual conversation. Basically Soviet rules: incriminate your neighbor or you are guilty of their (theoretical) crimes.
In exactly the same way Title-9 Tribunals are conducted in schools in America. They're busybodies who like to be involved in regulatory nonsense because it gives them a sense of purpose. Bureaucracies exist to justify their own existence.
Thank you for this, that is profoundly of interest.
Salient points summary for others:
A travesty all around. Extra facts: The "Tribunal" were all women with no law expertise who hired a lawyer to explain their own proceedings and rules to them, and who informed them that their rules were clear (if stupid). The "disinterested 3rd Party" was also a woman who was concerned for her own complicitness in the "sexual assault" if she didn't report the Husband of her own volition after their casual conversation. Basically Soviet rules: incriminate your neighbor or you are guilty of their (theoretical) crimes.
Add "Doctor Masturbates" and I think we've got 'em.
That sounds really stupid. How does such a system even come into existence?
In exactly the same way Title-9 Tribunals are conducted in schools in America. They're busybodies who like to be involved in regulatory nonsense because it gives them a sense of purpose. Bureaucracies exist to justify their own existence.
That is extremely fucked up, scusi, but nothing else will do for for me to des ribe that situation. There isn't a whisp of logic to it.
This kind of thing is far more likely in places where people avoid doing the needful.
Der Process was not meant to be a manual.