Joseph Wolfer
Brief Summary
The Toronto Police Services executed search warrants at the member’s home and workplace. At the member’s home, they seized images and videos consistent with the Criminal Code of Canada definition of child pornography. Nothing relevant to the police investigation was recovered from the clinic. The member was arrested, charged, and found guilty of one count of Possession of Child Pornography, and acquitted of two other charges. The member was sentenced to 14 months incarceration, followed by one year of probation.
The member did not notify the College of the Criminal Charges within 30 days of being charged, as required under College by-laws. Further, the member did not ensure details of the criminal proceedings were provided on his annual renewal reports to the College, which is a requirement. The member failed to provide the College with required information on his criminal matter, including trial dates.
Allegations of Professional Misconduct
- failed to report criminal charges to the College within 30 days of being charged
- failed to ensure details of the Criminal Charges were reported on his annual renewal reports
- failed to keep the College apprised of developments in his criminal matter
- was found guilty of Possession of Child Pornography
- an act or omission relevant to the practice of veterinary medicine, that having regard to the circumstances, would be regarded by members as disgraceful, dishonourable or unprofessional
- conduct unbecoming a veterinarian
- contravening a law if the contravention is relevant to the member’s suitability to practise veterinary medicine
Decision
The member acknowledged responsibility for the allegations of professional misconduct. The Panel accepted the member’s plea.
Penalty
- Reprimand
- 14-month suspension
- Completion of remediation which includes a forensic psychiatric assessment, counselling and treatment recommended by the psychiatric assessor to demonstrate he is at low risk for repeating the conduct, and continued cooperation with physicians, therapists and other health care professionals regarding his health conditions.
- The member must pay costs to the College of $5,000.
Panel's Reasoning
The Panel acknowledges joint submissions should be accepted unless to do so would bring the administration of the tribunal into disrepute or be otherwise contrary to the public interest. The Joint Submission did not meet that threshold for rejection and it was accepted accordingly.
The Panel finds the penalty and the costs agreed upon are appropriate and meet the goals of public protection and rehabilitation. The Panel was mindful the penalty should serve as a general deterrent to the profession and a specific deterrent to the member. Further, the penalty should express the profession’s denunciation of the misconduct, be proportionate to the misconduct, and provide an opportunity for rehabilitation.
Decision
Since 2024, decisions have been posted on the CanLII website, the Canadian Legal Information Institute. A complete copy of this decision is available on CanLII.