Marshall, Daniel Robert (CPSO#: 53310)

Current Status: Revoked: Discipline Committee as of 16 Sep 2016

CPSO Registration Class: None as of 16 Sep 2016

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:McMaster University, 1981

Practice Information

Primary Location of Practice
Practice Address Not Available

Medical Records Location

Instructions: Patients looking to obtain copies of their medical records may submit requests by fax to 905 522 9339 or by email to appointments@drdanmarshall.com
Date Received: 02 Dec 2015

Specialties

Specialty Issued On Type
Pediatrics Effective: 21 Nov 1985 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 30 Jun 1983
Transfer of class of certificate to: Restricted certificate Effective: 29 Nov 2010
Revoked: Discipline Committee. Effective: 16 Sep 2016

Pending Discipline Hearings

Summary: Allegations of professional misconduct against Dr. Marshall have been referred to the Discipline Committee. In particular, it is alleged that Marshall engaged in sexual impropriety and/or engaged in disgraceful, dishonourable or unprofessional conduct with 2 patients. It is also alleged that Dr. Marshall failed to maintain the standard of practice of the profession in respect of one of the patients and that he has been found guilty of an offence that is relevant to his suitability to practise in respect of one of the patients.

Notice of Hearing: Download Full Notice (PDF)

Previous Discipline Hearings

Committee: Discipline
Decision Date: 29 Jun 2017
Summary:

On June 29, 2017, the Discipline Committee found that Dr. Marshall committed an act of 
professional misconduct in that he has engaged in conduct or an act or omission relevant to the 
practice of medicine that, having regard to all the circumstances, would reasonably be regarded 
by members as disgraceful, dishonourable or unprofessional. 
 
Dr. Daniel Robert Marshall (“Dr. Marshall”) is a paediatrician who received his certificate of 
registration  authorizing independent  practice  in  1983. At  all  material  times,  Dr.  Marshall 
conducted  a  general  paediatric  clinical practice  in  Hamilton,  Ontario, focusing primarily  on 
treating children with behavioural, attention and mood problems, particularly involving attention 
deficit disorder. 
       
Criminal Charges and Sentencing  
 
On  September  17,  2012,  Dr.  Marshall  was  charged  with 32 counts  of  touching  for  a  sexual 
purpose and sexual assault and 1 count of breach of recognizance:  
 
   -  29 counts of touching for a sexual purpose and sexual assault based on allegations related 
      to genital exams conducted by Dr. Marshall on 20 former patients  (patients B to U), who 
      were all young boys treated by him prior to, or during puberty.  
   -  3 counts  involved 2 complainants  who  alleged  that  Dr.  Marshall  had  touched  them 
      improperly on occasions outside of his office.  
   -  1 count of breach of recognizance based on Dr. Marshall’s alleged contact with one of the 
      complainants after the imposition of a bail condition that he was not to have any such 
      contact. 
 
After a trial on the charges in the Ontario Superior Court of Justice in Hamilton Ontario (the 
“2013 Criminal Trial”), Mr. Justice Reid found Dr. Marshall guilty of sexual assault in respect of 
one of the complainants who alleged that Dr. Marshall had touched him improperly on occasions 
outside of his office.   
 
Dr. Marshall was acquitted on the balance of the charges, including with respect to his genital 
examinations  of  the  20  patients.    Justice  Reid  found  that  the  Crown  had  not  proved  that  Dr. 
Marshall’s touching of the genitals of the 20 patients (patients B to U) was of a sexual nature or 
for a sexual purpose and acquitted Dr. Marshall of the charges in respect of these patients.   
 
On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-
trial custody.   
 
On July 6, 2015, the Ontario Court of Appeal dismissed Dr. Marshall’s appeal of his conviction. 
His application for leave to appeal to the Supreme Court of Canada was denied on January 28, 
2016.   
    
Revocation of Certificate of Registration  
 
On March 28, 2016, the Discipline Committee found that Dr. Marshall engaged in conduct that 
was disgraceful, dishonourable or unprofessional and that he had been found guilty of an offence 
relevant  to  his  suitability  to  practise and ordered  revocation  of  Dr.  Marshall’s  Certificate  of 
Registration. Dr. Marshall’s Certificate of Registration was revoked on September 16, 2016. 
 
Disgraceful, dishonourable or unprofessional conduct - Patients B to U 
 
On June 29, 2017, the Discipline Committee held a hearing in respect to the allegations of Dr. 
Marshall’s 20 former patients (patients B to U) arising from the evidence of these patients in the 
2013 Criminal Trial. 
 
Patients B to U were all seen by Dr. Marshall for behavioural or mood disorders as adolescents 
or pre-adolescents between 1987 and 2010. Each of Patients B to U gave evidence at the 2013 
Criminal Trial about genital examinations conducted by Dr. Marshall. In addition, three experts 
testified  at  the  2013  Criminal  Trial  regarding  the  genital  examinations  conducted  by  Dr. 
Marshall. At  the  2013  Criminal  Trial,  evidence  from  both  the  Crown  and  Defence  experts 
established that: 
 
   -  In respect of some of the complainants, Dr. Marshall failed to provide a clear explanation 
      in  advance  to  either  the  patients  and/or  their  parents  as  to  the  purpose  of  the  genital 
      examinations. The experts agreed that a clear and detailed explanation of the purpose and 
      procedure of a genital examination is required prior to conducting such an examination. 
   -  In respect of some of the complainants, Dr. Marshall conducted genital examinations of 
      patients in their street clothes.  The experts agreed that patients should be gowned for 
      genital  examinations,  particularly  those  patients  seen  after  1999  when  the  Canadian 
      Pediatric  Society  released  its  position  statement  on  “Ethical  approach  to  genital 
      examination of children”. 
   -  Most of the complainants testified that Dr. Marshall did not wear gloves when conducting 
      genital examinations. The experts agreed that, for genital examinations conducted prior to 
      1999, while it was not necessarily standard of practice to wear gloves, it would have been 
      preferable  for  Dr.  Marshall  to  wear  gloves.    For  genital  examinations  conducted  after 
      1999, it was the standard of practice to wear gloves. 
 
On June 29, 2017, upon reviewing an undertaking signed by Dr. Marshall that he would not 
apply for registration in Ontario or any other jurisdiction, the Committee ordered and directed 
that: 
 
-  Dr. Marshall appear before the panel to be reprimanded. 
-  Dr. Marshall pay costs to the College for a one day hearing in the amount of $5,500.00 
   within 30 days of the date of this Order.

Decision: Download Full Decision (PDF)
Hearing Date(s): June 29, 2017


Committee: Discipline
Decision Date: 28 Mar 2016
Summary:

On March 28, 2016, the Discipline Committee of the College of Physicians and Surgeons found that Dr. 
Daniel Robert Marshall committed an act of professional misconduct in that he engaged in conduct or an 
act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be 
regarded by members as disgraceful, dishonourable or unprofessional; and in that he has been found 
guilty of an offence that is relevant to his suitability to practise. 

Dr. Marshall, a paediatrician practicing since 1983, primarily treated children with behavioural, attention 
and mood problems, particularly involving attention deficit disorder. 

Dr. Marshall volunteered at a local high school where he stood on the sidelines of sports games in his 
medical capacity and helped coach one of the sports teams. He was part of a religious group which had a 
presence in the school. Dr. Marshall was a camp counsellor at that religious group’s summer camp.  

Dr. Marshall often hosted groups of male high school students at his home to watch football, review 
games videos and discuss the Bible.  

CHARGES UNDER THE CRIMINAL CODE  

On September 17, 2012, Dr. Marshall was charged with 32 counts of touching for a sexual purpose 
contrary to s. 151(a) and sexual assault contrary to s. 246.1(1) of the Criminal Code of Canada, and one 
count of breach of recognizance contrary to s. 145(3). 

Allegations from 20 of Dr. Marshall’s former patients related to genital exams before or during puberty 
and comprised 29 of the counts of sexual assault and touching for a sexual purpose.  

The remaining three counts involved two complainants, including Complainant A, who alleged that Dr. 
Marshall had touched them improperly on occasions outside of his office. 

On April 29, 2013, Mr. Justice Reid of the Ontario Superior Court of Justice found Dr. Marshall guilty of 
sexual assault in respect of Complainant A. Dr. Marshall was acquitted on the rest of the charges (R. v. 
Marshall, 2013 ONSC 2603). 

COMPLAINANT A 

Complainant A is a member of the Canadian Armed Forces whose service has earned him a medal.  

Complainant A was in grade 9 when he first met Dr. Marshall. Complainant A was a vulnerable person. 

Dr. Marshall befriended Complainant A because he was present on the sidelines of a team sport as a 
medical doctor and Complainant A was on the team. 

Through Dr. Marshall, Complainant A became involved in Dr. Marshall’s religious group. When he was 
about 15 and 16, Complainant A twice attended that group’s summer camp with Dr. Marshall as a 
counsellor.  

Throughout high school, Complainant A and his friends went over to Dr. Marshall’s house in high school 
to watch football on TV or for Bible discussion many times. Other than occasional boarders, Dr. Marshall 
lived alone. He would take the boys out for dinner and pay for them. He bought new shoes and groceries 
for Complainant A.  
SEXUAL ASSAULT OF COMPLAINANT A 

Dr. Marshall sexually assaulted Complainant A. Complainant A testified at the criminal trial regarding the 
four incidents of sexual assault by Dr. Marshall: 

   1. While at summer camp operated by the religious group when he was 15 or 16, Complainant A 
      descended on a zip line. Two friends were waiting at the bottom to slow him down. Dr. Marshall 
      was also there and grabbed Complainant A’s genitals with one open hand. Nothing was said but 
      Complainant A considered the touching very inappropriate. 
   2. When Complainant A was about 16 years of age, he was at Dr. Marshall’s house with a group of 
      guys. He was standing in the doorway between the living room and the kitchen: Dr. Marshall 
      came up from behind, put his hand around Complainant A’s waist under his pants and underwear 
      and grabbed his genitals for a couple of seconds. Complainant A pushed Dr. Marshall away. 
   3. When Complainant A was living in a rooming house, he asked Dr. Marshall to examine him 
      because he had a sore back. Dr. Marshall told him to take his shirt off and bend over. Once 
      Complainant A bent over, Dr. Marshall stood behind and put his hands on Complainant A’s back, 
      feeling both sides of the spine. Dr. Marshall’s hands went to the sides of Complainant A’s hips 
      and Dr. Marshall rubbed his erect penis against Complainant A’s bum. 
   4. Complainant A was alone with Dr. Marshall at Dr. Marshall’s home sitting on the couch and 
      having a serious discussion about God and about how Complainant A’s family had abandoned 
      him. Dr. Marshall got up off the couch, stood in front of Complainant A and then moved towards 
      him as if he was coming in for a hug, but instead lay on top of Complainant A. One of Dr. 
      Marshall’s hands was on Complainant A’s wrist and the other one was working down to his 
      waist. Complainant A was frightened and tried to wriggle out and bolt for the door. Dr. Marshall 
      said words to the effect: “I’m just hugging; I’m not trying to [      ] you yet.”  

Reid J. convicted Dr. Marshall of sexual assault based on the incidents described in paragraphs 2, 3, and 4 
above. Reid J. did not rely on the incident at the summer camp because it occurred outside of the Court’s 
jurisdiction.  

SENTENCE AND APPEALS 

On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-trial 
custody.  

Dr. Marshall appealed his conviction and sentence to the Court of Appeal for Ontario. On July 9, 2015, 
the Court dismissed Dr. Marshall’s appeal.  

Dr. Marshall applied for leave to appeal the Court of Appeal for Ontario’s decision to the Supreme Court 
of Canada. On January 28, 2016, the Supreme Court of Canada dismissed Dr. Marshall’s application for 
leave.  

PENALTY 

On September 16, 2016, the Committee ordered and directed that: 

   -  the Registrar revoke Dr. Marshall’s certificate of registration effective immediately; 
-  Dr. Marshall appear before the panel to be reprimanded; and 
-  Dr. Marshall pay to the College costs in the amount of $10,000 within 30 days of the date of this 
   Order.

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): March 28, 2016

Concerns

Source: Member
Active Date: May 7, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Daniel Robert Marshall to the CPSO:

In a Notice of Hearing issued in 2014, Dr. Marshall was referred to the Discipline Committee in respect of certain allegations. On March 28, 2016, the Discipline Committee found that Dr. Marshall engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct and that he had been found guilty of an offence relevant to his suitability to practice. On the basis of these findings, Dr. Marshall’s Certificate of Registration was revoked by Order of the Discipline Committee on September 16, 2016.

In a Notice of Hearing issued in 2015, Dr. Marshall was the subject of an additional referral to the Discipline Committee on allegations that he engaged in sexual impropriety with patients, engaged in the sexual abuse of patients, engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct and failed to maintain the standard of practice of the profession. The allegations related to 22 patients regarding conduct that took place between 1987 and 2010.

Dr. Marshall entered a plea of no contest to the allegation that he engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct in respect of his genital examinations of some of the patients. Dr. Marshall also signed an undertaking never to apply or reapply for registration as a physician in Ontario or any other jurisdiction. On the basis of Dr. Marshall’s plea of no contest and undertaking, the College withdrew the balance of the allegations set out in the Notice of Hearing issued in 2015.


Source: Member
Active Date: December 7, 2015
Expiry Date:
Summary:
Criminal Finding(s)

If, on or after June 1, 2015, a member is found guilty under the Criminal Code of Canada or the Ontario Health Insurance Act, the College By-laws require certain information about the finding of guilt to be posted on the register if the information is known to the College.

The following are findings of guilt made against this member on or after June 1, 2015, as known to the College, together with the corresponding information:

DANIEL ROBERT MARSHALL was found guilty of the following on December 7, 2015:

1.One count of sexual assault between 1990 and 1991 contrary to section 271 of the Criminal Code; and
2.One count of touching the body of a young person for a sexual purpose while being in a position of trust or authority towards the young person, between 1990 and 1991, contrary to section 153(1)(a) of the Criminal Code.

On April 14, 2016, Dr. Marshall was sentenced to a $5000 fine, and is subject to a SOIRA (Sex Offender Information Registration Act) order for life.