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Anesthesiologist practising in Calgary, Lethbridge charged with sexual assault

Click to play video: 'Alberta anesthesiologist treated unfairly by College of Physicians: defence lawyer'
Alberta anesthesiologist treated unfairly by College of Physicians: defence lawyer
WATCH: A defence lawyer for a Calgary and Lethbridge anesthesiologist believes his client is being treated unfairly after he was charged with sexual assault. Nancy Hixt reports – Jan 16, 2019

The College of Physicians and Surgeons of Alberta (CPSA) is looking to suspend the practice permit of a southern Alberta anesthesiologist charged with sexual assault.

In a news release issued Tuesday, the CPSA said it did not feel it was appropriate for Dr. Barry Wollach — who Global News has learned is a dental anesthesiologist practising in both Calgary and Lethbridge — to continue to practise medicine given the seriousness of the allegations against him. The allegations have yet to be proven in court.

“The CPSA is disturbed by the criminal charges,” college registrar Dr. Scott McLeod said in the release.

According to defence lawyer Balfour Der, his client was charged in December 2018 with one count of sexual assault related to an incident in Calgary. Der said the alleged victim is not a patient.

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“Dr. Wollach absolutely denies the allegations,” Der said Tuesday. “He says they’re false. We are going to very vigorously defend him against these allegations.”

Der didn’t comment on the nature of the alleged assault, adding he is still waiting for disclosure to see what the exact allegations are.

The CPSA said it was relying on the Health Professions Act to manage the situation “in order to maintain trust in the medical profession and to protect the public.

“Regardless of the allegations, we remain confident the vast majority of physicians in our province provide quality care to Albertans,” McLeod said.

The CPSA said it’s moving to have Wollach’s practice permit immediately suspended pending the outcome of the court process along with any associated disciplinary processes the college might proceed with. It added that should Wollach refuse to voluntarily withdraw his permit, the Health Professions Act gives the CPSA the authority to suspend him.

According to the CPSA, there’s no formal process under the Health Professions Act that outlines whether law enforcement or the Crown has to notify the regulator of charges.

“We receive notification as a professional courtesy,” spokesperson Jessica McPhee said in an emailed statement. “CPSA has no authority in the criminal process during investigations nor in the process after charges are laid.”

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She said Calgary police notified the CPSA on Friday of last week about charges against a physician. From there, the complaints director identified the physician and the process got underway to have him removed from practice.

“CPSA can take action if there’s a concern for the public, even if the allegations don’t relate directly to patients,” McPhee said.

Wollach is out on bail, Der said, and is scheduled to appear in Calgary Provincial Court on Feb. 4, where he’s expected to enter a not guilty plea. His bail conditions include that he must abstain from consuming alcohol or intoxicating substances, remain in Alberta, cannot change his address and cannot contact the alleged victim.

Der called his client’s suspension and public exposure unfair, adding that it’s ruined his career.

“I know with the #metoo movement, there are all kinds of things going on that are different today than they used to be, but if you believe in innocent until proven guilty, which is our system of justice here in Canada, it just seems wrong that someone is suspended from their work for what they’ve alleged to have done and it’s got nothing whatsoever to do with their work,” Der said.

“You can imagine somebody [who is] a medical professional lives their life in an exemplary way for 59 years, and all of a sudden gets hit with something like this, it would be devastating,” he added. “It really means he’ll likely never be able to work again in Canada, even if found not guilty… just the stigma because of the publicity attached to his name.”
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Alberta Health Services said Wednesday it could not comment on the matter as it is before the courts.

Wollach had also been working as a clinical assistant professor at the University of Calgary’s Cumming School of Medicine.

According to the school’s dean, Jon Meddings, the position was a joint appointment with the school and Alberta Health Services.

“This appointment is contingent upon maintaining appropriate regional privileges and medical licensure with the College of Physicians and Surgeons of Alberta,” Meddings said in an emailed statement on Thursday. “We have taken steps to ensure that he is not involved in the teaching of our medical students or residents at this time.”

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