Committee: Discipline
Decision Date: 31 Oct 2016
Summary:
On October 31, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Kevin Johnston engaged in professional misconduct in that he has engaged in conduct unbecoming a physician.
Dr. Johnston, a 44 year old family physician, was formerly known as Kevin Richard Speight, under which name he practised medicine until November 2014. He has not practised medicine since March 17, 2016.
Dr. Johnston has previously practised in Toronto, Cambridge, St. Catharines, and Mississauga. Most recently, in 2015 and 2016 he practised in Guelph and Kitchener.
ACCESSING, PURCHASING, AND POSSESSING CHILD PORNOGRAPHY
In October 2010, Dr. Johnston visited a website, Azov Films, which sold movies and photo collections, including child pornography. Dr. Johnston accessed and purchased child pornography depicting nude pubescent and pre-pubescent boys. Specifically,
- Before making his purchases, Dr. Johnston accessed child pornography on the Azov Films website, including flash video files and compressed container files with various movie trailers and JPEG images.
- On October 16 and 17, 2010, Dr. Johnston purchased 16 discs containing collections of photos from Azov Films. Fourteen of these photo discs contain child pornography.
- On October 16, 17, and 18, 2010, Dr. Johnston downloaded the photo discs described above to a computer in his home.
The Toronto Police identified orders that Dr. Johnston placed on the website to purchase photo collections and Dr. Johnston’s downloads of the photo collections that he purchased. Dr. Johnston’s purchases were also confirmed by Dr. Johnston’s credit card statement, obtained by the College.
Dr. Johnston was acquitted of criminal charges in relation to the purchases described above on May 29, 2013. The Court found that the Crown had not led any evidence of an essential element of the offence, namely that Dr. Johnston knew the nature and content of the images that he ordered.
The College requested a further report from the Toronto Police Service addressing this issue, which it received in August 2015. The report confirms that Dr. Johnston was aware of the nature and content of the child pornography that he purchased, and in particular that he had accessed various movie trailers and images containing child pornography before he purchased photo collections.
The child pornography in issue in this case did not contain explicit sexual activity or
violence.
SURREPTITIOUS VIDEO RECORDING
During the execution of a search warrant at Dr. Johnston’s residence on November 24, 2011, Toronto police seized an “Angel Eye” mini video recording system, a micro SD card, and an Apple iPhone. The video recording system was equipped with a small camera attached by a cord and an empty slot capable of housing a micro SD card.
The mini SD card contained four videos date stamped 2007.08.26. Two of the videos contained images of Dr. Johnston, his cat, and his residence.
The other two videos contained footage from a public bathroom. In particular, there was footage which Dr. Johnston had surreptitiously filmed of an unknown male defecating in a bathroom stall.
On the Apple iPhone, other videos and images were taken in public washrooms as well, including a surreptitious video which Dr. Johnston had made of a male urinating into a public urinal, made through a peep hole.
In 2012, after the events in issue, Dr. Kevin Johnston (“Dr. Johnston”) was diagnosed with bipolar disorder.
Dr. Johnston entered into a recognizance of bail on November 25, 2011, after he was charged criminally. Among other things, it restricted Dr. Johnston from being alone with anyone under 18 years of age, including while he practiced as a physician. His bail was varied on February 16, 2012 and March 1, 2012.
After the College was made aware of the charges against Dr. Johnston, an investigator was appointed pursuant to section 75(1)(a) of the Health Professions Procedural Code on March 20, 2012.
At the College’s request, Dr. Johnston voluntarily entered into an undertaking on November 5, 2012 that mirrored the terms of his criminal recognizance, so that the College could monitor Dr. Johnston’s compliance. This undertaking remained in effect after Dr. Johnston’s criminal process came to an end.
After allegations against Dr. Johnston were referred to the Discipline Committee, the Inquiries, Complaints and Reports Committee of the College provided Dr. Johnston with notice that it intended to impose an interim order against him pending resolution of the discipline allegations.
In response, Dr. Johnston entered into a new voluntary undertaking (replacing the 2012 undertaking) dated March 17, 2016 which required him to have a College-approved practice monitor for all professional encounters with patients under the age of 18, until the allegations against him were resolved.
Subsequently, Dr. Johnston chose to cease practising medicine until the hearing.
PENALTY
On October 31, 2016, the Discipline Committee ordered and directed that:
- The Registrar revoke Dr. Johnston’s certificate of registration, effective immediately.
- Dr. Johnston appear before the Panel to be reprimanded
- Dr. Johnston pay costs to the College in the amount of $5,000.00 within thirty (30) days of the date of this Order.