Smith, Charles Randal (CPSO#: 31811)

Current Status: Revoked: Discipline Committee as of 01 Feb 2011

CPSO Registration Class: None as of 01 Feb 2011

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Saskatchewan, 1975

Practice Information

Primary Location of Practice
Practice Address Not Available

Specialties

Specialty Issued On Type
Anatomical Pathology Effective: 04 Dec 1980 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1978
Transfer of class of registration to: Independent Practice Certificate Effective: 14 Jul 1980
Transfer of class of certificate to: Restricted certificate Effective: 15 Jun 2007
Expired: Failure to Renew Membership Expiry: 09 Aug 2008
Revoked: Discipline Committee. Effective: 01 Feb 2011

Previous Discipline Hearings

Committee: Discipline
Decision Date: 01 Feb 2011
Summary:

On February 1, 2011, the Discipline Committee found that Dr. Charles Randal Smith committed 
acts of professional misconduct in his practice of forensic pediatric pathology and his work 
providing expert opinion evidence in relation thereto. The Discipline Committee found that Dr. 
Smith failed to maintain the standard of practice of the profession and 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. The Discipline Committee also found that Dr. Smith is incompetent. 
 
In particular, in multiple cases: 
 
      a)    Dr. Smith failed to gather relevant information, undertake appropriate 
            investigations, and properly detail relevant information; 
      b)    Dr. Smith, expressed opinions about the cause of injuries or death that were either 
            contrary to or not supported by the pathology evidence at the time the opinion was 
            first expressed or were no longer supported after receipt of additional information; 
      c)    Dr. Smith, formed erroneous opinions about the cause of death based on 
            non-specific findings, and he misinterpreted autopsy findings; 
      d)    Dr. Smith referenced aspects of the social history of the parents or caregivers of 
            the deceased child which were irrelevant to the pathology; 
      e)    Dr. Smith opined on the manner of death rather than exclusively on the 
            pathological cause of death; 
      f)    Dr. Smith failed to respond to communications from coroners, Crown Attorneys, 
            police officers and other pathologists in an appropriate and timely manner.  
            Furthermore, Dr. Smith attempted to unfairly shift responsibility for these failures 
            to others.  These failures compromised the administration of justice; 
      g)    Dr. Smith failed to create, maintain and preserve pathology materials relevant to 
            criminal investigations in the manner expected of a pathologist acting pursuant to 
            the Coroners Act.   These failures compromised the administration of justice; 
      h)    Dr. Smith exaggerated his experience, or conversely, failed to disclose his lack of 
            experience in the area of forensic pathology.  Dr. Smith offered opinions outside 
            of his area of expertise.  Dr. Smith gave evidence that was unbalanced, overly 
            dogmatic or failed to acknowledge uncertainty or controversy, and which was 
            speculative, unsubstantiated and not based on pathology findings;  
      i)    Dr. Smith failed to provide his opinions to coroners, the police, Crown Attorneys 
            and/or the Court in a manner that met the standard expected of a forensic 
            pathologist in Ontario at the time.  He gave his evidence in a manner that was 
            misleading, overly casual, unfairly critical of other experts or unscientific.  In 
            other cases he acted as an advocate rather than expressing an unbiased opinion. 
            Dr. Smith failed to adequately prepare for court; and 
      j)    Dr. Smith failed to respond to inquiries from regulating bodies, including the 
            CPSO, with the candour expected of a member regarding his involvement in 
            certain of the cases under investigation.  This lack of candour prevented the 
            regulating bodies from exercising the degree of oversight that might otherwise 
            have been exercised.   
 
 
 
 
The Discipline Committee ordered and directed that: 
 
1.    The Registrar revoke Dr. Smith's certificate of registration effective immediately.  
 
2.    Dr. Smith appear before the panel to be reprimanded.  
 
3.    Dr. Smith pay costs to the College in the amount of $3,650 within sixty (60) days from 
      the date of this Order. 
 
4.    The results of this proceeding be included in the register. 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): February 1, 2011